The question ’Is Air Law International?’ explores the paradox
between the limitless skies of cooperation, and the firm boundaries of
sovereignty. Rooted in the Chicago Convention of 1944 and the Montreal
Convention of 1999, air law aspires to global uniformity through the
framework of the International Civil Aviation Organization, ICAO. Yet,
provisions such as Articles 12 and 38 of the Chicago Convention remind
us that every aircraft, when over the territory of a State, remains
subject to that State’s laws, and that States may deviate from
international standards which they find impracticable to comply with.
Drawing upon Article 38 of the Statute of the International Court of
Justice and the Vienna Convention on the Law of Treaties, this book
reveals that while treaties and custom form the foundation of air law,
its true application depends on national will and interpretation.
Thus, air law is international in aspiration but domestic in
execution—born of consensus rather than compulsion. In this
compelling reflection, the author discusses in depth the views
expressed by member States of ICAO at the Organization’s 42nd
Assembly, held in 2025, and concludes that the strength of air law
lies not in its universality but in the trust and cooperation among
sovereign States. It is a law that unites nations above borders, even
as it remains anchored in sovereignty. Aviation law is a contested
terrain of plural interpretations, political subtexts, and
interpretive communities. This book is a valuable reference work for
practitioners, policymakers, researchers, and students.
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Perspectives From Practice and Global Regulation
Produktdetaljer
ISBN
9781837116386
Publisert
2025
Utgave
1. utgave
Utgiver
Ethics Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter