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Directorate of Distance Education NALSAR University of Law, Hyderabad Centre for Aerospace & Defence Laws (CADL) Directorate of Distance Education NALSAR University of Law, Hyderabad Course Material M.A. (AVIATION LAW AND AIR TRANSPORT MANAGEMENT) Academic Year: 2018-2019; Batch 2018-20 I Year– II Semester 1.2.5. - DOMESTIC AIR LAWS IN INDIA Compiled by: Prof. (Dr.) V. Balakista Reddy Ms. Jyoti (For private circulation only) 1 2 TABLE OF CONTENTS I. MODULE I - DOMESTIC IMPLEMENTATION OF INTERNATIONAL LAWS AND INTERNATIONAL AIR LAWS IN EU, UK, USA & INDIA 1.1. Why Domestic Implementation of International Law 1.2. How Domestic Implementation of IL happens? 1.3. Customary Principles and International Law 1.4. Domestic Implementation of International Treaties 1.5. EU -Origin and development of Regionalism 1.6. EU and Air Transport Regulations 1.7. EU and Air Transport; leading cases 1.8. UK – Origin and development of Air Transport Regulations 1.9. UK- Recent Development in Air Transport Developments 1.10. UK and Air Transport; leading cases 1.11. USA– Origin and development of Air Transport Regulations 1.12. USA- Recent Development in Air Transport Developments 1.13. USA and Air Transport; leading cases 1.14. Domestic Implementation of IL in India 1.15. Indian Constitution and International Law 1.16. Indian Judiciary and International Law 1.17. Important Cases II. MODULE II - CIVIL AVIATION GOVERNANCE IN INDIA, AIRCRAFT ACT 1934 & AIRCRAFT RULES, 1937 Part I – Civil Aviation Governance in India 2.1. Ministry of Civil Aviation in India 2.2. National Civil Aviation Policy 2016 2.3. Attached Offices of Ministry of Civil Aviation in India 2.3.1. Directorate General of Civil Aviation in India 2.3.2. Bureau of Civil Aviation Security 2.3.3. Aircraft Accident Investigation Bureau 2.3.4. Commission of Railway Safety 2.4. Autonomous Bodies 2.4.1. Indira Gandhi Rashtriya Uran Akademi 2.4.2. Airport Economic and Regulatory Authority Part II – Aircraft Act, 1934 & Aircraft Rules, 1937 2.5. History and Development of Aviation Law in India 2.6. Airships and Aircraft Act, 1911 and Aircraft Rules, 1920 2.7. Aircraft Act, 1934 2.7.1. Aircraft (Amendment) Act, 1983 2.7.2. Aircraft (Amendment) Act, 1985 2.7.3. Aircraft (Amendment) Act, 1988 2.7.4. Aircraft (Amendment) Act, 2000 2.7.5. Aircraft (Amendment) Act, 2007 3 2.8. Aircraft Rules, 1937 and Various Amendments 2.9. Aircraft Public Health Rules, 1954 2.10. The Aircraft (Demolition of obstructions caused by Buildings and Trees etc.) Rules, 1994 2.11. The Aircraft (Carriage of Dangerous Goods) Rules, 2003 2.12. Important Cases III. MODULE III - DOMESTIC IMPLEMENTATION OF AIR SAFETY AND SECURITY REGULATIONS IN INDIA 3.1. ICAO, India and Air Safety Regulations 3.2. DGCA and Air Safety Regulations 3.3. National Aviation Safety Plan 2018-22 3.4. Aviation Security Regulations in Indian including 3.4.1. Tokyo Convention 1975 3.4.2. Anti-Hijacking Act, 1982, Anti Hijacking Act, 2016 3.4.3. Unlawful Seizure against the Safety of Civil Aviation 1982 3.4.4. 1994 Amendments to the above Acts 3.5. Future of Air Safety in India – Emerging Concerns IV. MODULE IV - AVIATION LIABILITY IN INDIA 4.1. Civil and Criminal Liability in India 4.2. Carriage by Air Act, 1972 4.3. The Carriage by Air (Amendment) Act, 2009 4.4. Air Carrier Liability for Passenger Death or Injury in India 4.5. Mangalore crash and Implementation of Montreal Convention of 1999 4.6. Important Cases V. MODULE V - CIVIL AVIATION AND CONTEMPORARY ISSUES IN INDIA 5.1. Globalization, Liberalization and privatization (GLP) of aviation sector and Indian Responses 5.2. Airport Privatization Legal Issues 5.3. The Airports Authority of India Act, 1994 and various amendments 5.4. Airport Infrastructure Policy 1997 5.5. Air Corporations (Repeal & Undertaking) Act 1994 5.6. The Airports Economic Regulatory Authority of India Act, 2008 5.7. Mergers and Acquisition: Legal Issues 5.8. Competition Issues in Aviation Issues 5.9. Leasing and Financing in Airlines 5.10. FDI in Aviation Sector 5.11. Consumer protection and Civil aviation 5.12. Use of Drones/UAVs: Legal Issues and Challenges 4 Module I: Domestic Implementation of International AIR Laws in India, UK & USA 5 IMPLEMENTATION OF INTERNATIONAL LAWS AND INTERNATIONAL AIR LAW IN INDIA Law, as an instrument of orderliness in the society, cannot keep itself confined to private individuals and intra national affairs. The ever increasing interactions between people and states have contributed to making the world, in the words of Marshall McLuhan, „A Global Village‟. A legal system impervious to these changes would find itself hopelessly out of sync in tune with the changing times and consequently irrelevant. Therefore the field of International Law has come into its own in order to take on these challenges. It must be emphasized however that International Law does not exist for its own sake. The same developments as mentioned above cannot hope to sustain themselves if there is no order in their conduct. The globalized world needs international law as badly as, if not more than, law itself does! International Law, in the present context, is considered as one of the most significant concepts, which has been gaining momentum at a fast pace in the world community. There has been several occasions, since the evolution of human civilization, where efforts have been put by mankind throughout the world in order to legitimize the concept of International Law in a broader perspective, with the sole objective of maintain universal brotherhood and keeping international war and conflicts at bay. Since the formation of the world community, especially after the Second World War (1939-44), inferences of International Law can be found quite frequently. The presence of International Law has increased by leaps and bounds which is quite evident from the fact that almost all the sovereign nations of the world, irrespective of their political, social, economic, religious or geographical background, have voluntarily accepted the authority of International Law. Modern technology, communications and trade have made states more interdependent than ever before, and more willing to accept International rules on a vast range of problems of common concerns. Many of the structural changes that have taken place in the world economy since the early 1980s originated in technological progress. The technological innovation, triggered by the deregulation trends of the 1970s, facilitated the emergence of a huge global market for funds and financial instruments. This globalization process, as the phenomenon came to be described, made innovation, together with flexibility in the location of production, distributions and service facilities, even more crucial for profitability. The interplay between trade, investment, technology, and services, as well as their financial underpinning, has accordingly increased in density, giving additional impetus to the growth of interdependence. The practice of States regarding the relationship of International Law and Municipal Law is divergent. Application of International Law depends largely upon the Legislature as well as the Judiciary of a State. They are expected to take cognizance and endeavor to honor the international obligations of the State. It has to be realized by them that neither Municipal Law nor International Law is supreme, but they are concordant to each other. They both have been made to solve the problems of human beings in different areas. If they refuse to accept the rules of International Law, relations between the States would obviously become tense and the high ideals of ‗maintaining international peace and security‘ will be at peril. 6 Issues and Perspectives on International Law The approach of a particular states municipal courts to international law will be characterized by that states attitude to and reception of international law—an attitude which may and does differ according to the type of international law question involved—treaty or customary international law. Before discussing what happens in practice in India a brief mention must be made of the theories which have evolved on the relationship of municipal law to international law. These are traditionally divided into two principal schools—Monism and Dualism. To put simply, a state is monistic if it accepts international law automatically as part of its municipal law and does not demand an express act of the legislature, whereas if a state is dualistic, international law will only become part of its municipal law if it has been expressly adopted as such by way of a legislative act. India, as well as most of the world, falls within the dualistic school, which is made clear on perusal of Article 253 of the Constitution. Relation between International Law and Domestic Law International law is generally defined as the body of rules and regulations which determines the conduct of sovereign states. According to traditionalists‘ view International law regulates the relations between or among sovereign states. This view was opposed by modern jurists who have opined that international law not only regulates the relations between or among states alone, but also regulates the conduct of International Institutions, individuals and non- state entities to a certain extent. International law is essentially comprised of two bodies of law: Conventional International Law (treaty based law) and Customary International Law (law based upon state practice). Implementation is the very object for which any law is formulated; same is the case with international law. But in case of international law, direct implementation is not possible as the states do not surrender their sovereignty to any external force. The other impediments to implement international law is that the we have different legal systems around the world such as Civil Law, Common Law, Islamic Law, Socialist Law, Sub- Saharan Law, African Law and Law in East- Africa all having different adjudication mechanisms, which evidently show a lack of uniformity in the application of international law in the domestic sphere.
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