Norms of Assistance and Salvage in International Civil Aviation in India

13 Pages Posted: 29 Jan 2019 Last revised: 8 Jun 2020

See all articles by Shailendra Kumar

Shailendra Kumar

National Law University and Judicial Academy, Assam,

Date Written: December 29, 2018

Abstract

Civil aviation is a fast growing industry and there is always need of assistance to aircraft which have met with accident or there is possibility of accident. An aircraft carries not only human being but also valuable property which requires assistance in case of danger of or arising out of accident. Salvage is the settled principle of maritime law which is applicable to ships and vessels which are in peril at high sea. The saviour of the ship or vessels is known as salver. Attempts have been made to import the well settled salvage principles into aviation law. In the beginning, Salvage principle was incorporated by various instruments. However, this incorporation suffers from a number of loopholes in the form of inconsistent application etc. Chicago Convention 1944 and its Annexure are applicable to all contracting party. It mandates State to adopt certain measures to provide assistance to airplane during distress. By following Annexure 12 guideline, India has also adopted certain guide lines which are mandatory.

Keywords: Aviation, Solvage, Air transport

JEL Classification: Transport Law

Suggested Citation

Kumar, Dr. Shailendra, Norms of Assistance and Salvage in International Civil Aviation in India (December 29, 2018). Available at SSRN: https://ssrn.com/abstract=3307729 or http://dx.doi.org/10.2139/ssrn.3307729

Dr. Shailendra Kumar (Contact Author)

National Law University and Judicial Academy, Assam, ( email )

Hajo Road,Amingaon
Guwahati
Guwahati, Assam (India) 781031
India
03612738891 (Phone)
781031 (Fax)

HOME PAGE: http://www.nluassam.ac.in/profile_shailendra.php

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