Air Law Case Study

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Recent Developments in Air Law

International civil aviation has a major impact on contemporary world society. It shapes national economies as trade is carried out through aircraft and air routes. A small country like Singapore has achieved remarkable economic progress due to its formidable airline, Singapore Airlines. Tourism promoted by aviation has helped the economies of many countries.
"Aviation is an agent for change and progress" said the former Secretary General of ICAO, Dr S.S. Sidhu on the role of modern aviation, he said : "As you all know, civil aviation is one major field which is affected by the revolution in high technology. In a country like India which is a vast country with difficult terrain in certain areas, I think aviation has a special significance. This is all the more true when we are in a developing economy which has to progress rapidly".
The seminar on aviation held in India in 1987 highlighted the important role of aviation in national and international life. On that occasion, Professor R.P. Anandsaid :"It is impossible to imagine life today without these fast and safe airplanes criss-crossing all states irrespective of their claims of sovereignty. In spite of all their divisions, the world has been united as never before.
The participation of many international lawyers in the above mentioned seminar on the problems of aviation reflects the growing interest that lawyers and jurists have started taking in problems associated with aviation. The eminent jurist, H. Lauterpacht, has said that solution to the problems of international civil aviation was a matter of the future. There were conflicts, he said, born out of factors involved between security and commerce of aviation.
In the field of air law...

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...tion has future complicated our understanding of air law because two regimes, one adhering to air space sovereignty and the other to the freedom of outer space, lie alongside without a boundary wall between them.
A system approach is recommended to air law problems. This approach advocates harmony between various units of aviation system to find a solution to aviation problems. A systems approach has been explained as under :
"The key word is system" - air transportation is a system, and a very complex one at that. It is made up of many parts, or subordinate systems, each closely related to another, and each capable of creating a problem to the detriment of the other. Unless these many closely interrelated parts are made to work in harmony, one with the other, the imbalance of one part will upset the ability of the total system to fulfill its intended purposes."

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