International Air Law Essay Example

  • Category:
    Law
  • Document type:
    Essay
  • Level:
    Undergraduate
  • Page:
    1
  • Words:
    698

International Air Laws.

INTERNATIONAL AIR LAWS:

The First One

Civil Aviation legislation

Civil Aviation Organization system in Saudi Arabia:

How ICAO rules are established in Saudi Arabia:

The presidency of the Civil Aviation is the top ranking authority in Saudi Arabia concerned with civil aviation operations. The institution reports to the Ministry of Aviation and Defence of Saudi Arabia. The Aviation Standards and Safety Department (ASSD) have the overall mandate of overseeing aviation safety procedures, aircraft operations, the licensing of the personnel and aircraft airworthiness. So far no regional offices charged with the responsibility of safety oversight have been established. Appropriate qualification and experience are basic requirement from the technical staff. ( Milde Michael, 2009)

The Airworthiness department is established within ASSD of the PCA, the section for Air Carrier comprise of four FAR inspectors.

A short explanation of law governing aviation:

The Federal Aviation Regulation commonly referred to as (FARs), are enshrined in the Federal Aviation Administration (FAA) charged with the whole responsibility of governing entire aviation functions within the USA. FARs forms a contingent component of the code of Federal Regulation in its chapter 14. The body is charged with the regulation of a wide array of activities among them pilot training activities, obstruction and marking, model rocket launching, man-made structure heights and model craft operations.( Milde Michael, 2009). The rules are planned to enhance safe aviation, public awareness for careless risks, protect flight attendants, pilots and passengers.

How the Annexes given effect and how SARPs are promulgated:

Standards And Recommended Practices (SARPs), are particulars of technical aspects of aviation adopted in the clauses of the council of ICAO in line with Article 37 0f CICA in the view of obtaining high levels of commonness in the standards, regulations and procedures in respect to the personnel, auxiliary services and aircraft in all disciplines in which this leverage improves and facilitates navigation in air.

Saudi Arabia government agency is responsible for administering the aviation regulations.

ICAO ensures compliance with SARPs through the state organs of the systems of oversight. Presently there are two audit schedules.

-Universal Security Audit Programme (USAP)

-Universal Safety Oversight Audit Programme (USOAP).

Part two:

Bilateral Air Services Agreements

In many countries in the globe, the services of air internationally between two countries ran under the terms and conditions of the bilateral air service agreement (ASA). They understandings are normally arranged in forms of treaty and are monitored by the international laws.

:capacity issuesHow Saudi Arabia’s bilateral Air Service Agreements deals with

  1. (Srilanka) -Article V (A) to (E): clearly stipulates that Capacity is shared and each should have an estimate half of the load capacity between the two trading territories. There is elasticity in respect to surge in demand or incapability of both the parties to carry their load share.

  2. .(China)- Article 11: states that each party should ensure a fair and equal opportunity in accessing capacity. The agreements are to be negotiated by the two or among the aeronautical statutory organs concerned

  1. (Srilanka)- Article VIII: Tariffs shall remain fixed after factoring in all the necessary aspects but is subjected to amendments through negotiations depending on the prevailing circumstances.

  2. (China)-Article 14: Tariffs are to be set at rationale rates putting in place of a number of factors and in compliance with the principle of Nation of Origin Tariff authentication and approval. The agreement provides for the provision for either party to accept or reject the proposal depending on what interest they are having though no party can make her own unilateral action without consulting the other.

Fifth Freedom Rights:

  1. (Srilanka)-The fifth freedom rights is enshrined in article V which has a provision for one third of nation where this will not severely impact effect on either the local or regional trade services.

  2. (China)- Fifth freedom rights appear in the route structure contained in the Annex to the Agreement.

References:

1. Michael,  ICAO and International Air Law, Eleven International Publishing, 2009

2. Chicago Convention, Article 35. Appendix 4.1,((referred to in paragraphs 2.72 and 4.2))

3. Assembly Resolution A35-7, Appendix A. ICAO Doc 9942, Assembly Resolutions force, 2007.

May, 2003th4. Memorandum of Understanding (Saudi Arabia-China), 12

5. Centre for Asia Pacific Aviation Premium. Date posted: 25-Jan-08.