University of Tasmania
whole_TysonFrankRowland1935_thesis.pdf (10.56 MB)

National and international aspects of the law relating to aviation

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posted on 2023-05-27, 12:38 authored by Tyson, FR
In this thesis the events leading up to the International Convention of 1919 for the Regulation of Aerial Navigation are briefly outlined, and the position in Australia regarding legislation on air navigation examined. Various Articles of the International Convention are then discussed from the International aspect. Our Commonwealth is one of the parties to this Convention. The Commonwealth legislation and the manner in which it gives effect to the principles of the Convention are therefore the principal matters discussed when dealing with the subject of air navigation from the national aspect. By way of comparison the legislation of other countries, particularly Great Britain, relating to the points discussed, has been examined. The whole of the work on the Australian legislation, both Commonwealth and State, and the comparison of the various Commonwealth Regulations with those of other countries is original. The acts, regulations etc., from which the information on these matters has been obtained, are stated in the notes throughout the thesis. References are given to the works of those writers from which information relating to the International Convention has been obtained. The question of trespass as affecting aviators is dealt with at length, and this has involved consideration of the effect of the maxim \cuius est solum eius est usque ad coelum et ad inferos\". It is a matter of vital importance so far as air navigation is concerned and yet is one on which there is great difference of opinion. In the English legislation special provision is made releasing aviators on certain conditions from liability for trespass but in the Commonwealth legislation the matter is not mentioned. The examination of cases and texts bearing on this question is the writers own research work and was completed before the receipt of Dr McNair's book the Law of the Air. The object has been to examine cases over as wide a period as possible dealing with the interpretation placed upon the above-mentioned maxim. In addition to the International Convention and the Bulletins of the International Commission for Air Navigation and the various Acts and Regulations to which reference is made in the thesis the following works have been consulted :- Abbott Law of Merchant Ships and Seamen (14th Edit.) British Year Books of International Law Clarke & Lindsell Law of Torts (5th Edit.) Hall International Law (7th Edit.) Hazeltine Law of the Air (1911) Halsbury Laws of England Lawrence Principles of International Law (6th Edit.) McNair Law of the Air (1932) Pitt Cobbett Leading Cases on International Law Pollock Law of Torts (13th Edit.) Salmond Law of Torts (7th Edit.) Spaight Aircraft in Peace and the Law (1919) Thomson Lord Air Pacts and Problems (1927) Wingfield & Sparkes The Law in Relation to Aircraft (1928) Various periodicals e.g.The Scientific American Economica The Australian Law Journal."


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Copyright 1934 the author Thesis (LLD)--University of Tasmania, 1935

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