Is Air Law International

The question ’Is Air Law International?’ explores the paradox between the limitless skies of cooperation, and the firm boundaries of sovereignty. Rooted in the Chicago Convention of 1944 and the Montreal Convention of 1999, air law aspires to global uniformity through the framework of the International Civil Aviation Organization, ICAO. Yet, provisions such as Articles 12 and 38 of the Chicago Convention remind us that every aircraft, when over the territory of a State, remains subject to that State’s laws, and that States may deviate from international standards which they find impracticable to comply with.

Drawing upon Article 38 of the Statute of the International Court of Justice and the Vienna Convention on the Law of Treaties, this book reveals that while treaties and custom form the foundation of air law, its true application depends on national will and interpretation. Thus, air law is international in aspiration but domestic in execution—born of consensus rather than compulsion.

In this compelling reflection, the author discusses in depth the views expressed by member States of ICAO at the Organization’s 42nd Assembly, held in 2025, and concludes that the strength of air law lies not in its universality but in the trust and cooperation among sovereign States. It is a law that unites nations above borders, even as it remains anchored in sovereignty.

Aviation law is a contested terrain of plural interpretations, political subtexts, and interpretive communities. This book is a valuable reference work for practitioners, policymakers, researchers, and students.