International Perspective On Air And Space Laws In India




Nandini Balasubramanian, BBA. LLB (Hons), MG University, Cooperative School of Law, Thodupuzha

ABSTRACT

One of the critical components of Air and space laws is the evolution of international cooperation between states. As the nomenclature mandates cooperation between two countries geographically the response under changes in the economic and Social environment hampered global competition which persuaded the aviation and space policies to be more accountable and responsive to aerospace technology with synchronous efforts at a national level.

The principal difference between space law and Air law is that space law is not an extension of air law as the legal regimes governing air space and outer space is that air space above a states territory is subject to exclusive sovereignty of the respective state.

The need to emphasis the move on international cooperation has added significance in the present diplomatic and commercial transactions between international countries to succour the security, solidarity and integrity between nations strengthening bilateral and multilateral relationships which clearly envisaged twice in the preamble which states its added significance predominantly. It is vivid to understand that it is vested as a legal obligations to ensure multilateral in space divisions which is fanned with augmenting nuclear weapons, space based nuclear missiles and to bring confidence and trust between nations.

The lack of economic stability was added tremendous heed when life was thrown out of gear during the wake of the pandemic, when Covid sprawled in the country, the move to take flights were under severe restriction which imposed economic and social deprivation on mobility which was ditched hit on the aircraft manufacturers, business man and stakeholders across the world.

The lack of financial strength was under dire straits and they took a toll on the debt payment obligations on the manufacturers or the owners declaring to be bankrupt and insolvent with reduction in progression of human resources, manpower, material and machinery.

It was statistically estimated that Airlines were affected with 25% loss on economic and commercial losses and the entire saga went mired with confusions and skirmishes between peoples. The maxim corpus juris caeli which deals with the subject matter of air laws, usually air laws is a part and parcel of public international law and civil aviation it is governed by customary rules of international law but it is highly diversified but the regulation of aerial navigation and Paris convention was the prominent instrument which dealt with airspace sovereignty and Warsaw convention which focused on national product liabilities including carriages, goods and luggage’s.

Rationalization of corporate travel, drop in commercial revenue, market distortions were some of the factors which lead to the constraints towards the loss of Equibilirum in airlines during Covid 19. But certain enterprises such as MSMES had a differential strategy to mitigating challenges during pandemic even with spatial heterogeneity they have gained better leverage on attaining a marketable position on global scales. They intelligently use their strategies to serve opportunities’ even in economic dilemmas in spike of global deprivation.

US and china works amicably on diplomatic, civilian and maintains stellular bilateral relationships but the US legislation bars National aeronautic and space administration their trade relationship on Airline or military dealings.

It was mulled to toy an idea to introduce the European code of Conduct in 2008 which proponent to introduce security issues in airline and space but severe repercussions manifested tensions escalating the fraught Environment to face strong ripples of disapproval and mounting criticisms which claimed the code as non-binding and ineffective in revoking non-weaponzing space and air race in outer space. The idea was jettisoned with deadlock dashing excitement from the public in general.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.