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HISTORY OF AVIATION LAW

 

The History and development of Aviation law because of the first engine-powered flight had successfully been carried out by the Wright Brothers  in Dcember 1903, it is now already 100 years in the year of 2003. It is possible to review to the past when one takes into account the national rules and regulations in various states of the World. The first concerted attempt at codification on an international scale took place before 1910, when German balloons repeatedly made flights above French territory. 2 The French Government was of the opinion that for safety reasons it would be desirable for the two governments involved to try and reach an agreement to resolve the problem. As a result the Paris Conference of 1910 was convened, the tendency of the conference did not adopt the idea of ‘freedom of the air’ but was in favor of the sovereignty of states in the space above their territories, which was reflected on the draft convention at the plenary session of the conference. 3 Following the 1st World War, the first scheduled air service between Paris and London come into force on 8 Feb 1919, the existing regulations was considered incorporated into a convention. But a choice had to be made between a free airspace analogous to the principle of maritime law, and an airspace governed by the sovereignty of the states. No matter the rule of Air Law was to be made subject to the rules existent to regulate other means of other transportation like rail, road or sea. Air Law in a general viewpoint that covers an area which is determined by the special characteristics and demands of aviation, but whenever this implies a departure from the existing law, the justification for this departure must be most carefully assessed and weighed. Between those two poles Air Law will have to find its range and its limits thereof.