The discussions talked about international law and civil aviation. International law is based on agreeable documents or contracts between countries. States can also participate in this contractual agreement as long as they support the representation of the law. The conventional agreements are designed as a treaty that imports the agreed laws between the cooperating countries. These Aviation treaty are designed to put rules in place as to the air navigations between the opposing countries. If these rules and agreements were not discussed and signed then the outcome could cause threat between the aviation’s of the other demographical locations.
The conventions are set up as conference type meeting for the joining countries to take part in. The countries discuss the aviation rules and decide on an agreeable outcome that fits each party’s needs. Once the countries or states have decided on the rules of aviation that will benefit all participating parties then the laws will need to be added to their domestic laws. Once that is done the country is required to uphold those laws domestically, and if they do not follow the laws this could break the contract of international laws.
The treaties do not have to be contractual form to be put into practice by the countries to be considered legal and active. The treaties can be made by meetings, documents, contracts, and verbal agreements. The reservation treaty is similar to the aviation law but when the treaty is set in place the county does not have to adhere to all regulations of the conventional law. The Chicago Convention was put into place to allow the countries who did not take part in the Aviation Law to be a part of it. Those countries can now be in agreeable force with the other parties who had previously side and abided by the treaty. This helps keep peace and allies with those opposing countries to now work together in regards to the treaty laws.
The Annexes are sets of guidelines the conventions that are set in place need to be followed. The purposes of the Annexes is to ensure each country that agreed on the convention understands the stipulations and rules that need to be followed to ensure the safety of all parties involved with Aviation and Air Navigation. The Warshaw Convention is one of the most important treaties that was set in place. It assures that if injury or damage occurs to passengers that the airline is responsible for the liability of the items it transports. This changed the way airlines conduct safety regulations and responsibilities in regards to the people and items it is responsible for.
One case that is important in regards to the “Warshaw Convention and Article 17 was Evangellino’s vs. Trans World Airlines of 1977” . The case involved a terrorist attack on the passengers of the flight in Greece in 1973. While the passengers were waiting security checks at the gate to aboard the flight the terrorists threw explosives and fired guns in the direction of those passengers. The main point of the case was whether the airline was responsible for the injury and death of the passengers in regards to Article 17 of Warshaw Treaty Act. The conclusion was that if the incident had occurred inside the aircraft then TWA would be liable but since the incident happened inside the airport the airline was not held accountable.
Statute Law is based on rules for public behavior, and common law is based on behavior of case by case situation.
Reference
Supp, F. "Warshaw v. Trans World Airlines." United States District Court (2015): 1-14.
