Aviation law is branch of law concerning regulation of air travel and associated legal and business concern. Aviation law regulates everything from buying a plane ticket to travelling anywhere around the world. Aviation law facilitates the freedom of travel as well as protect and regulate the necessary action in many cases. It also concerns business aspects of airline and deregulation also fall under aviation law. The career in Aviation Law is quite a new and emerging career. Even though from past two year the aviation sector is not doing so well but as the world is emerging from the pandemic with that aviation sector is also coming on track. In Aviation sector there are total 5 stake holders:-
1. Infrastructure of airport.
2. Operator as airlines.
3. The consumers who are availing services.
4. Governing institutions responsible for functions of these stake holders.
5. Amphilliary services provider which assist that functioning are running smoothly.
ROLE OF LAWYER IN AVIATION
1. Tariff determination cases are represented by appointed lawyers in Airport Economic regulatory authority Tribunal (AERAT)
2. Contractual determination includes airline contract with pilot or other officials.
3. Airline which needs to expand its business then advice of lawyer is required on criteria for establishing the business.
4. Purchase and lease agreement of airplanes.
5. Aircraft delivery agreements.
6. Lawyers are required for taxation advisory.
7. Issuing Licenses for aircraft and airlines for conducting schedule and other chartered operations.
Airlines and airport have many legal departments such as in-house, litigation, For this specialization in many other fields of aviation is required So it is very difficult for an individual person to practice in this area. So many airlines and stake holder directly approach mostly Tier-1 law firms, for corporate transactions like boutique law firms. Also (AERA) keeps on hiring lawyers. DGCA appoints lawyer to help them draft regulations. Both bureau of civil aviation and Directorate general of civil aviation have responsibility to provide proper framework within which a particular stake holder has to function.
REGULATORY FRAMEWORK are
Aircraft act, 1935, Airport authority of India act, 1994, Economic regulatory authority of India act, 2012 Economic regulatory authority of India act, 2008.
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