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measures, so get legal advice here.
Legally, there's nothing to stop you
(as a pilot) obtaining your own Air
Transport Licence or AOC should
you feel the need.
International Air Law
The idea is to reduce the possibility
of a phenomenon known as conflict of
laws, and the resulting confusion that
could arise where, say, a claim for
damages is brought in a French
court for injury to a Dane travelling
on a ticket bought in Holland for a
journey from Germany to England
on an Italian plane.
International Law (Public or Private)
consists of internationally agreed
rules that courts of participating
states apply to cases with a foreign
connection, the private side of things
affecting individuals and the public
side affecting states. Public
International Law takes precedence
over Private, which in turn is
superior to State law, although (short
of war) International Law is
unenforceable where the original
consent disappears.
Air Law has mainly evolved through
agreements between "high
286 Operational Flying
contracting parties", through various
International Conventions or
Treaties, too numerous to mention
here. These form the basis of Public
International Law which in turn can
be incorporated into the law of
individual states, an example being
the UK Carriage by Air Act 1961 in
relation to the Chicago Convention
of 1944 (in fact, the Chicago
Convention and its annexes are also
embodied into Section 60 (2)(a) of
the Civil Aviation Act, 1982).
A Convention is an agreement that
many nations are at liberty to enter
into and the word Treaty is used to
indicate agreements between two (or
more) States that bind only
themselves. The Tokyo Convention
1963, for instance, relates to
offences committed on board
aircraft (but not to offences
committed by aircraft, as such).
Thus, Conventions can cover many
subjects, including the agreement of
standards for navigational equipment
and documentation, but they can
also establish governing bodies, such
as the International Civil Aviation
Organisation (ICAO).
ICAO is a worldwide body
convened by governments while the
International Air Transport Association
(IATA) is an equivalent body
established by the airlines. Although
IATA is a private organisation
comprising of virtually all the
scheduled airlines of the world, it
nevertheless has strong links with
ICAO and governments, and is
often used by many airlines as an
agent for inter-airline cooperation.
IATA has many committees, but the
most significant is Traffic, which
negotiates many arrangements
between states and airlines. Other
airline organisations exist,
particularly within Europe, which
operate on a similar basis. As well as
certain freedoms granted by
Conventions over the years (such as
flying over certain territories, taking
tech stops and collecting or
discharging passengers), other rights
of commercial entry are established
by bilateral agreements, which
provide for route(s) to be flown,
estimate traffic capacity, frequencies
of service and establish other precise
rules under which operator and crew
licensing are accepted by the
respective parties to the agreement.
Employment
As soon as you start working a
contract of employment is deemed
to have started. There are reams of
papers on the ins and outs of
contracts, but basically once a
contract is formed there are rights
and duties on either side, made the
more binding if something called
consideration (remember that?) is given
by anyone to seal the bargain. This
consideration need not be money,
nor need it be adequate.
Unless you're a freelance, you will
normally enter a contract of service
where you have a master/servant
relationship with your employer. If
you're self-employed, you will be
regarded as an independent contractor,
and in a different legal position if a
passenger decides to sue for any
reason (your "employer" may be able
to drop you right in it).
If a passenger does want to sue,
you're more protected if you're
actually an employee, because the
come-back is then on your employer,
as you're a part of his business,
although there is a let-out if he can
Legal Stuff 287
prove you were acting outwith the
terms of your employment, but as long as
you haven't done anything totally
stupid, you should be OK (this also
　
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