Air Law is whole provision – legal provisions that regulate air space and its use for aviation purposes.
Air law in a broad sense:
1 Air Law (in the narrow sense), namely the law that specifically regulates air space.
2 Law Aviation, the law governing the special flight. Example: The Law of Aviation (Aviation Law, droit Aerien)
Air Law is a separate legal field (special), a sui generis legal field (autonomous).
Air Law is NOT THE SAME WITH Law of the Sea.
Due to the nature in particular, the Air Law requires special arrangements.
Example: Unlawful seizure of Aircraft (air piracy).
FLIGHT is INTERNATIONAL.
Because aircraft are not blocked by obstacles, speed is greater than ground transportation modes, making it easily crossed the border states.
The View of Systematic, Norm of Air Law Divided Within:
International Public Air Law
National Public Air Law
Private International Air Law
National Civil Aviation Law.
Air Law (within the meaning of the law regulating air objects) has been known as the principle of “Cuius est solum, eius est usque ad coelum” meaningful “who owns the land, has also the air above it up to the sky”.
The law which largely regulate the aviation and air transport. Was young because it began to grow in the early 20th century after the Wright brothers succeeded in flying with an aircraft that is heavier than air.
Early Regulation of Air Law
a Police Officer Paris in 1784 to make rules in the form of prohibition with a hot air balloon flight without permission.
Preliminary Safety Regulations
a Chief of Police of the Seine in 1819 to make rules of Pengharusan air balloon equipped with a parachute and prohibit experiments with air balloons during the harvest season.
Before World War 1
The problem of sovereignty in the air space becomes a problem. Cons perception between two opinions:
Air space is free zones: Every sovereign state of the air space above it.
The principle of sovereignty and was won by: Treaty of Paris in 1919
Chicago Treaty of 1944 (Public Air Law).
Warsaw October 12, 1929
Signed agreements on air transport documents and International air carriers responsibility. (Law of Civil Aviation)
Rome in 1933
Signed an agreement on the responsibility of users of foreign aircraft, against loss
caused to third parties on the ground.
Chicago Treaty of 1944
Can be called the constitution of aviation and air transport activities, is also the origin of the founding of the institution ICAO, regulatory authorities are very influential to the development of international aviation.