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Benjamyn I. Scott (ed.)
Air and Space Law
Volume 45, Special issue (2020) pp. 195 – 272
https://doi.org/10.54648/aila2020057
Abstract
National laws play an important role in the governance of the aviation activities. This is no less the case during the Coronavirus Disease-2019 (COVID-19) pandemic, where national law has been a vital tool in combating the spread of the virus and offering support to the aviation sector. This report examines different jurisdictions, which have been written by experts in the field of aviation law, where they have addressed the pre-existing national rules in place prior to the pandemic, the measures taken to combat the spread of the virus, the actions taken to help the aviation industry survive, and any reflections on the future post-COVID-19 world.
Keywords
Airlines, Airports, Passengers, Financial Support, Cargo
Extract
The swift and vast spread of Coronavirus Disease-2019 (COVID-19) was caused, to a significant extent, by aviation itself. This virus proliferated worldwide not only due to its ability to be transmitted from one human to another easily, but also due to the unprecedent volume of travel, especially by air, at a time of unprecedented globalization. In the wake of COVID-19, various novel practices have been and are being proposed. In this light, an examination of a number of these proposed practices is undertaken, this in order to determine whether they are legally sound or not. An examination of the laws underlying those practices follows, not least because such practices are virtually all erected upon a legal foundation. By examining the relevant laws on both an industry and State level, an attempt is made at determining whether or not such laws are adequate in allowing the corresponding practices to be effective. This article conclusively discusses whether the proposed practices and the underlying laws already in existence have the potential to prevent a future disease from spreading as swiftly and as vastly, and from disrupting the aviation industry as severely as COVID-19 has.
Air and Space Law