Copyright by Hikmahanto Juwana 2005(c)1 Lecture I: History and Definition of Air Law Hikmahanto Juwana SH (UI), LL.M (Keio University, Jepang), Ph.D (University.

Copyright by Hikmahanto Juwana Copyright by Hikmahanto Juwana 2005(c)2005(c) 11

Lecture I:Lecture I:History and Definition of Air History and Definition of Air

LawLaw

Hikmahanto JuwanaHikmahanto JuwanaSH (UI), LL.M (Keio University, Jepang), Ph.D SH (UI), LL.M (Keio University, Jepang), Ph.D

(University of Nottingham, Inggris)(University of Nottingham, Inggris)


The Beginning (and Evolution) of The Beginning (and Evolution) of Aeronautics Aeronautics

Air Balloon Air Balloon On 17 September 1783, the brothers Montgolfier On 17 September 1783, the brothers Montgolfier

succeeded in sending a silk balloon filled with hot air succeeded in sending a silk balloon filled with hot air to a height of 1500 feet carrying a rooster, sheep and to a height of 1500 feet carrying a rooster, sheep and duck in a small gondola.duck in a small gondola.

Sending a silk balloon carrying persons and stayed Sending a silk balloon carrying persons and stayed aloft for twenty five minutes and covered a short aloft for twenty five minutes and covered a short distant.distant.

Dr. Johnson said that “The vehicles (air balloon) can Dr. Johnson said that “The vehicles (air balloon) can serve no use till we can guide them.”serve no use till we can guide them.”

In 1785 John Jeffries and Francois Blancard crossed In 1785 John Jeffries and Francois Blancard crossed from Dover to Calais in a balloon.from Dover to Calais in a balloon.


Air Balloon used for Military PurposesAir Balloon used for Military Purposes::• In the French Revolutionary Wars captive balloon In the French Revolutionary Wars captive balloon

were used for artillery spotting, being employed as were used for artillery spotting, being employed as far afield as Egypt.far afield as Egypt.

In 1836 Mr. Robert Holland and two other In 1836 Mr. Robert Holland and two other gentlemen were conveyed in balloon from gentlemen were conveyed in balloon from London to the Dutchy of Nassau, a distance London to the Dutchy of Nassau, a distance of 500 miles. of 500 miles.


Aeroplane/Airplane Aeroplane/Airplane In 1900 Count Ferdinand von Zeppelin put In 1900 Count Ferdinand von Zeppelin put

into the air the first airship.into the air the first airship. In 1903 Orville and Wilbur Wright (the Wright In 1903 Orville and Wilbur Wright (the Wright

brothers) made the first controlled flight in an brothers) made the first controlled flight in an aeroplane at Kitty Hawk, North Carolina.aeroplane at Kitty Hawk, North Carolina.

In 1909 Louis Bleriot became the first man to In 1909 Louis Bleriot became the first man to make an aeroplane flight across the English make an aeroplane flight across the English Channel.Channel.


Aeroplane used for Military PurposesAeroplane used for Military Purposes::• In 1911 the Italians used both airships and In 1911 the Italians used both airships and

aeroplanes for war against Turkey.aeroplanes for war against Turkey. During ensuing decades aircraft continued to During ensuing decades aircraft continued to

increase in size, strength, power, speed, increase in size, strength, power, speed, range, carrying capacity, and above all range, carrying capacity, and above all numbers.numbers.

In 1959 a jet commercial aircraft on a large In 1959 a jet commercial aircraft on a large scale was first introduced.scale was first introduced.


The Beginning (and Evolution) of The Beginning (and Evolution) of Air Law Air Law

In 1784 the Paris Police issued regulation prohibiting In 1784 the Paris Police issued regulation prohibiting balloon flights without special permits.balloon flights without special permits.

In 1874 there was a provision that a person was not to In 1874 there was a provision that a person was not to be considered as a spy merely because he passed over be considered as a spy merely because he passed over the enemy’s lines in a balloon.the enemy’s lines in a balloon.

In 1899 at the First Hague Peace Conference a In 1899 at the First Hague Peace Conference a Declaration was signed in which the parties agreed “to Declaration was signed in which the parties agreed “to prohibit, for a term of five years, the discharge of prohibit, for a term of five years, the discharge of projectiles and explosives from balloons or by other new projectiles and explosives from balloons or by other new methods of a similar nature.” (In 1907 at the Second methods of a similar nature.” (In 1907 at the Second Hague Peace Conference the provision, which was Hague Peace Conference the provision, which was expired on 1905, was extended)expired on 1905, was extended)


In 1902 Paul Fauchille, a great French Lawyer, acting as In 1902 Paul Fauchille, a great French Lawyer, acting as the rapporteur for the Institute of International Law on the the rapporteur for the Institute of International Law on the subject entitled “Regime Juridique des aerostats” subject entitled “Regime Juridique des aerostats” submitted to the Brussels meeting of the Institute a draft submitted to the Brussels meeting of the Institute a draft code containing 32 articles.code containing 32 articles.

On 13 October 1919 in Paris the international community On 13 October 1919 in Paris the international community had concluded a Convention on the Regulation of Aerial had concluded a Convention on the Regulation of Aerial Navigation (the Convention is better known as the “Paris Navigation (the Convention is better known as the “Paris Convention”). The Paris Convention was the first legal Convention”). The Paris Convention was the first legal instrument to enter into force in the province of air law. It instrument to enter into force in the province of air law. It was ratified by 32 nations.was ratified by 32 nations.


On 12 October 1929 in Warsaw the international On 12 October 1929 in Warsaw the international community had agreed to establish a Convention for the community had agreed to establish a Convention for the Unification of Certain Rules Relating to International Unification of Certain Rules Relating to International Carriage by Air (better known as the “Warsaw Carriage by Air (better known as the “Warsaw Convention”). The purpose of the Convention is to laid Convention”). The purpose of the Convention is to laid down rules on principle of air carrier’s liability for damaged down rules on principle of air carrier’s liability for damaged caused to passengers, baggage and goods, and also for caused to passengers, baggage and goods, and also for damage caused by delay.damage caused by delay.

On 7 December 1944, having become outdated, the Paris On 7 December 1944, having become outdated, the Paris Convention was eventually replaced by Convention on Convention was eventually replaced by Convention on International Civil Aviation (better known as the “Chicago International Civil Aviation (better known as the “Chicago Convention”).Convention”).

On 28 September 1955 Warsaw Convention was amended On 28 September 1955 Warsaw Convention was amended by a Protocol concluded at the Hague, and supplemented by a Protocol concluded at the Hague, and supplemented by a Convention concluded at Guadalajara, Mexico on 18 by a Convention concluded at Guadalajara, Mexico on 18 September 1961.September 1961.


On 14 September 1963 in Tokyo the international On 14 September 1963 in Tokyo the international community concluded a Convention on Offences and community concluded a Convention on Offences and Certain Other Acts Committed on Board Aircraft (better Certain Other Acts Committed on Board Aircraft (better known as the “Tokyo Convention”). The Convention was known as the “Tokyo Convention”). The Convention was followed by the Convention for the Suppression of followed by the Convention for the Suppression of Unlawful Seizure of Aircraft which was concluded in the Unlawful Seizure of Aircraft which was concluded in the Hague on 16 December 1970 (better known as the Hague on 16 December 1970 (better known as the “Hague Convention”). In addition, the Convention for the “Hague Convention”). In addition, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Suppression of Unlawful Acts against the Safety of Civil Aviation was signed at Montreal on 23 September 1971 Aviation was signed at Montreal on 23 September 1971 (better known as the “Montreal Convention”). These (better known as the “Montreal Convention”). These three conventions are regarded as the provisions for three conventions are regarded as the provisions for penal law in air law. penal law in air law.


TermsTerms

Aviation LawAviation Law Navigation LawNavigation Law Air Transportation LawAir Transportation Law Aeronautical Law Aeronautical Law Aerospace LawAerospace Law Air Law Air Law


The Definition The Definition

Air Law is a body of rules governing the Air Law is a body of rules governing the use of airspace and its benefits for use of airspace and its benefits for aviation, the general public and the aviation, the general public and the nations of the world (Diedericks-nations of the world (Diedericks-Verschoor)Verschoor)


Hukum Udara--atau Hukum Penerbangan--merupakan Hukum Udara--atau Hukum Penerbangan--merupakan lapangan hukum yang tersendiri oleh karena Hukum lapangan hukum yang tersendiri oleh karena Hukum Udara ini mengatur suatu obyek yang mempunyai sifat Udara ini mengatur suatu obyek yang mempunyai sifat khusus. Disamping anggapan yang memandang Hukum khusus. Disamping anggapan yang memandang Hukum Udara--atau Hukum Penerbangan--sebagai suatu Udara--atau Hukum Penerbangan--sebagai suatu lapangan hukum tersendiri, ada penulis-penulis yang lapangan hukum tersendiri, ada penulis-penulis yang menganggap bahwa Hukum Udara--atau Hukum menganggap bahwa Hukum Udara--atau Hukum Penerbagan tidaklah lebih daripada kumpulan norma-Penerbagan tidaklah lebih daripada kumpulan norma-norma yang diambil dari lapangan hukum yang lain, norma yang diambil dari lapangan hukum yang lain, misalnya Hukum Perdata, Hukum Pidana, Hukum misalnya Hukum Perdata, Hukum Pidana, Hukum Dagang atau Hukum Antarnegara, yang diperlukan Dagang atau Hukum Antarnegara, yang diperlukan terhadap penerbangan. Pendirian yang negatif ini sukar terhadap penerbangan. Pendirian yang negatif ini sukar saya benarkansaya benarkan

Copyright by Hikmahanto Juwana 2005(c)1 Lecture I: History and Definition of Air Law Hikmahanto Juwana SH (UI), LL.M (Keio University, Jepang), Ph.D (University.

Documents

silk balloon

vehicles air balloon

hot air

aeroplane flight

hikmahanto juwana 2005c2

military purposes

wright brothers

controlled flight