Source- Brill
The term regime originated from French term 'regimen' which means 'to rule', in general regime is understood as a set of rules to execute a particular conduct. Moreover, legal regime is defined as the specific legal rules on the particular field. When we say legal regime of airspace that means the laws for air space .
Airspace is the space above the territory of the country which is under its control for the use of flying aircrafts. The term air space and outer space have the difference that former have come under territorial control of a particular country but later have no one’s control over it. But both these terms come under aerospace.
The growth of airspace law in the developed countries has increased rapidly with the need of globalisation.
By, the Chicago convention of the year 1944 it laid down the regime for airspace which is known as civil aviation system. Which gives many laws for the control and power over the airspace of different nations. Further, the International Civil Aviation Organisation( ICAO) were made under the same convention whose headquarter is at Montréal which governs the disputes between the nations in relation to air space as well as regulates treaties between the nations.
Chicago convention provides articles which empowers the state full sovereignty over the space within their territorial limit, territorial limit includes the land and adjacent sea too. With certain limitations also like, no aircraft can enter in the another state territory without permission, there should be registration of every state's aircraft. I.e aircraft have nationality. There were many more conventions given on the air space to regulate its functions.
Air law basically divided into two parts are:-
● Law relating to Aerial navigation
● Law relating to aircraft hijacking
Aerial navigation:-
As the transportation of aircraft from one nation to another for the economic and public purpose it causes some problems too as when the aircraft of another nation meet with an accident in another nation who have the jurisdiction over it. How another nation get entry in the another nation. So for all these issues international aviation law divided into public and private international aviation law.
Public aviation law deals with the agreement and treatise in relation to landing rights, over flight authorization, communication. Whereas private law deals with treaties and agreement in relation to jurisdiction over which nationality of aircraft in question.
Aircraft Hijacking:-
There are many laws deals with aircraft hijacking which has a jurisdiction over domestic legislation as well as quasi -judicial territory.
R.k.kaw committee has been constituted to make a report on the reconstruction of the air aviation law in the privatisation and liberalisation of the airspace. Moreover, there was an executive body was also set up which check the aviation policy timely as per the need of nation, it will suggest the need of civil aviation acts. There was a need of ministry of civil to controls the functioning of all the civil aviation actions.[1]
Footnotes:-
[1] https://www.google.com/url?sa=t&source=web&rct=j&url=http://nludelhi.ac.in/download/public ation/2015/Current%2520Developments%2520in%2520Air%2520and%2520Space%2520Law.p df&ved=2ahUKEwixlaHps6rrAhWPeX0KHeAEDMgQFjATegQIBxAB&usg=AOvVaw073Mci a6U4HU6n1PdREf-Z
Reference:-
[a] https://nludelhi.ac.in/
[b] http://www.legalservicesindia.com /
[c] https://www.britannica.com /