Comment by Sarah H.: Hello! Good to see you again! I’ll be looking over your research paper today. It looks like you are just looking for some general feedback on how to improve, so I will use your assignment sheet and guidelines to make sure you have all the components of the paper included. Then I will look through your content and give you suggestions on how to improve.
AVIATION LAWS AND REGULATIONSComment by Sarah H.: All of your headings in APA should be consistent. Since all of your other headings are in normal case and bold, I suggest you do the same here. If this is meant to be the title of your research paper, then it should go on the cover sheet above.
Aviation Law is one of the subfields of law that deals with the regulation of aircraft. This field’s unique qualities and needs are taken into account by air law, a broad approach to the subject. There is no regulatory organization that has the legal authority to set international air rules, or there is no international law to manage the air. A system of tacit and formal agreements between the countries is known as Air Law. Conventions are the term for these agreements. As many as a dozen conferences are held each year throughout the world. Let’s take a closer look at the legislation governing aviation. This discipline of law addresses legal and commercial issues related to air transportation (Hong, 2018). A set of guidelines governing the use of airspace by aircraft to maximize safety and efficiency while also benefiting the general public and other countries. Around 1910, as German air balloons frequently infringed on French territory, an effort was made to establish an air law.Comment by Sarah H.: It looks like this is a continuation of your previous point, so the conjunction “and” would work better here. Comment by Sarah H.: Which countries? Does this just apply to North America Europe? Asia? All of the above? Or do different countries create different Air Laws between one another? This is a place where you can add some more details for your reader. Comment by Sarah H.: What is the purpose of these conferences? Add that information to the end of this sentence. Comment by Sarah H.: This is a very specific detail and it seems like there should be an in-text citation with it to let the reader know where you found this information.Also, what is the significance of this detail? Is this the first time that air law was ever established? Tell your reader why this detail is important.
Aviation law has some overlap with admiralty law, and because of the worldwide aspect of air transport, most of it is considered a subject of international law. However, aviation law also governs the commercial elements of airlines and their regulation. Air travel’s legal and commercial elements, such as air traffic rights, aviation safety and security, airline economic restrictions, and the management of airports, are governed by aviation law. Aviation law is regulated by the International Civil Aviation Organization (ICAO), which acts as a kind of international arbitrator in the international arena (Legal,House, & Heath, 2018).Comment by Sarah H.: It looks like you have a small error in formatting here – just include a space after the comma and before “House.”
Because of federal law and court judgments, states are not allowed to actively control aviation issues in the United States. Due to the federal nature of aviation, a New York court recently found the state’s Passenger Bill of Rights illegal (Hong, 2018). To be clear, although the United States Constitution specifies a federal role for admiralty law, it omits any mention of an aviation law equivalent. Aviation is regulated indirectly by states and municipalities.Comment by Sarah H.: What is the significance of this ruling? What did the Passenger Bill of Rights include? What about it was illegal?
National Law of Aviation
The bulk of aviation legislation is administered at the federal or state level, with some assistance from the International Civil Aviation Organization (ICAO). (FAA in the United States and the European EASA in Europe are the world’s two main aviation authorities. All new aircraft in the world must be certified by one of these two organizations. Civil aviation in other nations is governed by a National Aviation Authority (NAA). The FAA and EASA have a wide range of duties, ranging from enforcing airworthiness regulations to controlling flight operations. “Maintaining aircraft and equipment; licensing pilots and maintenance professionals; certifying airports; and issuing guidelines for air traffic management are just some of the other tasks that the FAA has to ensure the safety of airplanes“ (Kluwer et al., 2019). It has become more common for aviation lawyers to defend those who have been accused of breaking statutory aviation laws.Comment by Sarah H.: Since you have already spelled out the entire name of this organization once in your paper and included the acronym (ICAO) with that spelled version, you can continue by just using the acronym through the rest of the paper. Comment by Sarah H.: Since you have NOT spelled out the entire name of these organizations previously, you need to spell them out here and include the acronym. Then you can continue by just using the acronym in the rest of the paper. Comment by Sarah H.: Since you say that this is the European group, you do not need to also state that it is in Europe. Comment by Sarah H.: Is there a particular reason you have this quote in bold? It’s unusual to see quotes formatted in this way in APA format. I suggest removing the bold and just using the regular type.
Aircraft navigation and maintenance, air traffic control safety, and pilot licensing restrictions all come under the umbrella of aviation laws. The Federal Aviation Administration enforces most aviation laws and standards (FAA). Airline passenger safety is also regulated by the “Transportation Security Administration (TSA)” and the “National Transportation Safety Board”.Comment by Sarah H.: So here, I see that you’ve spelled out the whole organization name, which is great, except that you should do that the very first time that you mention the organization in your writing. In this case, you should be doing this at the beginning of the previous paragraph. Comment by Sarah H.: Include abbreviation here (NTSB)
Additionally, the nations’ rules through which an aircraft travels apply to international flights. In terms of aviation regulations, states have little power to enact legislation. Local airports may set their hours of operation and noise levels in accordance with local zoning rules that do not conflict with federal legislation.
International law normally recognizes both the airspace over land and the airspace over a country’s territorial waters as belonging to the country’s sovereign airspace. 12 nautical miles is the maximum distance a country’s territorial waters may stretch from its coast. Airspace that does not lie inside a country’s boundaries is referred to as international airspace. Comment by Sarah H.: You have a lot of specific details in these two paragraphs, but I only see one in-text citation. Did all of this information come from that one source? Make sure that you are using an in-text citation any time that you are including information that you learned from an outside source.
International treaties may designate certain areas of international airspace, such as those above oceans or the polar regions, belonging to a particular country (Naboush, & Alnimer, 2020). For example, despite being in international airspace, the United States has control over vast stretches of the Pacific and Atlantic oceans. Canada, Iceland, and the United Kingdom share the remaining northern Atlantic airspace. Canada and Russia share the northern polar airspace. The vertical limits of a country’s airspace are not governed by any international treaty. Although it is widely accepted that no government controls space, no international agreement has been reached on the boundary between airspace and space Increasing space travel and the prospect of civilian space flight need study in this field.
When it comes to flying internationally, there has to be a common set of rules and regulations. The free flow of international aviation traffic is hindered by a patchwork approach. “The International Civil Aviation Organization” was founded as a result of the Chicago Convention (ICAO). Ideas and methods for international air navigation will be improved, and international air transportation will be supported. Standards for international air travel are overseen by the “United Nations’ International Civil Aviation Organization” (ICAO).Comment by Sarah H.: This is interesting to me as your reader, but I do not know what you mean by it. I recommend including more details here about what this “patchwork approach” is exactly and how it hinders international aviation. Comment by Sarah H.: This sentence suddenly switches into the future tense. Is this something that has not happened yet, but will happen in the future? If so, that it is appropriate to use the future tense. However, is this is something that already happened in the past, it should be in the past tense.
The ICAO has three divisions. Meeting every three years, the Assembly is a representative group tasked with assessing the ICAO’s progress, formulating policy directives, approving the organization’s budget, and electing representatives to the ICAO Council, which makes rules for the organization. It is up to the Assembly to approve any changes to the Chicago Convention, which each Member State must ratify before they may take effect.Comment by Sarah H.: I think that it would help your reader if you briefly list out the different branches here before you go on to explain them in detail. For example:The ICAO has three divisions: the Assembly, the executive branch, and ____________. Part of the reason this would be helpful is because when I am reading through this section, I am having trouble identifying the name of the third branch. Introducing the names of the branches before giving their descriptions will help guide your readers through this section.
Secretariat is ICAO’s executive branch, responsible for carrying out Assembly-approved policies. “Air Navigation Bureau, Air Transport Bureau, Technical Co-Operation Bureau, Legal Bureau, and Bureau of Administration and Services” make up the five sections of the agency, which is led by a Secretary General (Hodgkinson, & Johnston, 2018). Implementing safety and environmental regulations, as well as monitoring the ICAO’s Standards and Recommended Practices, are handled by the several bureaus that comprise the organization (SARPs).
The air is divided into five distinct freedoms. In addition to the three commercial freedoms, there are two additional technological freedoms: To exercise this privilege, an aircraft from State A may fly directly over the territory of State B without having to make an approach or landing. 2) The right of an airplane from one country to land in another country for technical reasons is known as the Second Freedom (Hodgkinson, & Johnston, 2018). Comment by Sarah H.: I have a couple ideas for this paragraph:1. Since you need a little bit more content, you could list of the names of the freedoms. You could say something like, “There are three commercial freedoms, which are _______”2. It looks like you ARE listing out the two additional technological freedoms after the colon. For the second freedom, you use 2) to show that it is the second. This is totally okay to do, but you should also then use 1) to distinguish the first freedom. For example:“There are two additional technological freedoms: 1) To exercise this ….” Comment by Sarah H.: For the APA in-text citation, you do not need to include the commas between the authors’ names. For example:(Hodgkinson & Johnston, 2018)
A plane from State A may accept paying traffic from State A and set it down in State B, under the Third Freedom. State A aircraft may pick up paying traffic in State B and land in State A under the Fourth Freedom. The right of airplanes from one state to transport paying passengers from another state to a third state is known as the “fifth freedom.”Comment by Sarah H.: Okay, I see now that this is there you listed the three commercial freedoms. I would still suggest combining this information with the previous paragraph and moving it to the beginning right after you identify the three commercial freedoms for the first time.
This field’s unique qualities and needs are taken into account by air law, which is a broad approach to the subject. As soon as a discrepancy between an international norm and a state’s national practice is discovered, the Council must immediately notify all other governments of the disparity. Public transportation depends on limited resources, such as those found on the Earth’s surface. Due to its dependence on limited resources such as fuel, aviation cannot be considered long-term sustainable. Over vast distances, today’s aircrafts are benefiting from the most advanced technologies. Air travel is becoming more popular across the globe as people’s quality of living improves. Society and the environment must bear the cost, and certain inconveniences like noise, pollution, and resource use must be accepted. In terms of aviation’s environmental impact, noise is the most pressing issue.Comment by Sarah H.: Could you provide some specific examples here?Comment by Sarah H.: This sentence is a little confusing. The phrase “over vast distances” makes it seem like you are about to talk about physical places that aircrafts travel, but it seems like you are using this phrase to show how advanced the technology is for aircraft. I recommend revising the first part of the sentence with a different, more conventional phrase that still makes this point. For example: “By leaps and bounds…”Comment by Sarah H.: I think this would actually be a better place to start your last paragraph. Your last paragraph right now doesn’t really have a topic sentence (the first sentence deals directly with issues of noise, but the entire paragraph isn’t just about noise). Since this is where you begin talking about the effects on society, it would be better to start the last paragraph here.
People who live near airports are exposed to communication interference, sleeplessness, and hearing because of the noise pollution. At addition to affecting students’ ability to study, the noise also has a negative influence on patients in adjacent hospitals. At least 10,000 feet above the earth, the aircraft does not make a substantial amount of noise. To a large part, aircraft engines run on the combustion of gasoline. As a result of emissions from burning gasoline, the air quality within a few kilometers of the airport is dramatically reduced. The air quality is hindered by the fact that the plane is 3 kilometers above the ground during takeoff and 6 kilometers below the ground at landing.Comment by Sarah H.: In – the correct conventional phrase is “In addition to…” Comment by Sarah H.: For – the conventional expression is “for a large part”You could also say “to a large extent”Comment by Sarah H.: Your professor is very adamant that you have five FULL pages of content. This looks like it’s closer to half a page of content, and your professor says they will take off 10 points for that. Are there any more details you can include to help you reach the page expectation? I’ll look to see if there is anywhere you can add information to help get to five full pages. Comment by Sarah H.: I feel like this conclusion is missing something. The majority of your paper is about Air law, but then you conclude with a new idea about how air traffic can effect civilians. The conclusion is the area to wrap up or summarize your argument. You usually do not introduce new information in the conclusion. Instead, the conclusion is the place where you explore the “so what” of the rest of your research – it is where you explain why your research is significant. I would recommend revising your conclusion with those characteristics in mind.
Dempsey, P. S. (2021). Introduction to Aviation Law.
Hodgkinson, D., & Johnston, R. (2018). Aviation law and drones: Unmanned aircraft and the future of aviation. Routledge.
Hong, C. C. (2018). An Inquiry into the Legal Considerations for Passenger Mental Injuries in International Aviation Laws. International Journal of Education, Culture and Society, 3, 19.
Kluwer Law International BV. Larsen, P. B., Sweeney, J., & Gillick, J. (2019). Aviation law: Cases, laws and related sources
Legal, W. K., House, R., & Heath, H. (2018). ISSN 0927-3379© 2018 Kuwer Law International BV, The Netherlands.
Naboush, E., & Alnimer, R. (2020). Air carrier’s liability for the safety of passengers during COVID-19 pandemic. Journal of air transport management, 89, 101896.