Aviation, as we know it today, has slightly more than a century of existence. It all started in North Carolina (USA) one morning of 1903, when two aviation pioneers, namely the Wright brothers, piloted in public their heavier-than-air flying machine, which kept flying for nearly a minute. This event was the “big bang” of aviation, as we know it today.
Aviation law, on its part, has roughly the same age. Although the very first aviation law is believed to have been issued back in the 1700s, aviation law, as a whole, did not skyrocketed until the early days of 1900s. The first air law treatises were in fact drafted at the very beginning of the twentieth century. Amongst all the pioneering authors of the time, Paul Fauchille (French) was definitely a name that stood out from the rest.
Aviation developed and so did the number of authors writing on the subject of aviation law to the extent that at present the number of books dedicated to this young area of law is just countless.
But why I am telling you all this? Well, because today I have selected for you five titles that, in my view, every aviation lawyer should start reading or at least flip through now.
Before we go to the list, please let me tell you that it is likely that most of you may have already come across with one of books. If that is your case, do not keep it for yourself. Please share this post and spread the word. Otherwise, congratulations! You are just about to discover new sources of knowledge for research and consultation.
Here are my top 5 picks:
- Federico Videla Escalada on Derecho Aeronáutico
This aviation law masterpiece is no doubt a classic of the
Latin-American aviation law literature; it is a 5-volume air law treatise on which the distinguished Argentinian aviation law practitioner, professor Videla Escalada discusses with infinite detail the most important aspects and elements of aviation law, such as the sources of aviation law, the aircraft, the airspace, the aviation infrastructure, amongst other subjects equally important.
This invaluable work was printed out in Argentina back in the 1970s; therefore, important topics such as the Montreal Convention 1999 and the Cape Town Convention 2001 are missing from its table of content. Evidently, it was not the author’s fault but instead that of the dynamism and speed with which aviation law evolves.
This book in no longer available for sale in bookstores; however, if you ever find yourself walking around Buenos Aires’ downtown, it is possible to find it second-hand at a very good price. By the way, the book is written in Spanish
Professor Videla Escalada passed away in 2007.
- Shawcross & Beaumont on Air Law
This is one of my favorites. This comprehensive work takes the form of a loose-leaf, which gets updated regularly. Outdated pages can be taken out and be replaced with updated ones, so you can always catch up with what’s going on out there. For example, Brexit’s impact on aviation is already featured in this book.
Its price, especially for students, is not very accessible. However, if you have approximately USD2.000 in your bank account and do not know what to do with them, buying this air law masterpiece is definitely a good choice.
This work is the most comprehensive book that I have ever seen on the subject of air law. In my view, there is nothing related to aviation law that this book does not discuss and develop in an accurate and precise way. At the end of this book, there are appendices reproducing the content of the most important international public and private air law agreements, protocols and others of equal importance.
Early co-authors to its first edition include Kenneth MacDonald Beaumont, a British lawyer that served in World War I. Major Beaumont, as he was also known as, was also a partner of the internationally recognized aviation law firm Beaumont & Son, now an aviation law division at Clyde & Co.
In conclusion, it is a must-have in your law library.
- Rod Margo on Aviation Insurance
Aviation insurance, in the words of Mr. Roderick Margo, is the lifeblood of aviation.
This book deals with every single aspect of aviation insurance law. It does it from a global perspective but with a special emphasis in the London insurance market, how it works and it is regulated.
It goes from the general to the specific and cover topics ranging from how aviation insurance developed after World War II to how it was affected by the terrorist attack of 09/11 spread across 28 chapters full of up-to-date information.
This book can be purchased for approximately USD600,00 or perhaps less than that if bought second hand. The good news is that it is available in both printed and digital format, so you can carry it and read it on the go on your mobile devices.
It is an essential tool for those planning to develop an aviation insurance practice.
- Treatise on Damages in Air Transport by Nolberto Luongo.
Going back to Latin America, I would like to talk about this invaluable treatise authored by my good friend Nolberto Luongo (Argentinian) who I recently had the pleasure to see during the last edition of the ALTA Conference in Mexico City last September.
In this book, Dr. Luongo -as we normally call lawyers in certain jurisdictions of Latin America- begins with a brief introduction to the subject of liability and then drifts us in to the liability system that governs civil aviation internationally and each of the conventions and protocols that are an integral part of it.
Landmark decisions such as Tseng v. El Al Israel and Sidhu v. British Airways are featured in this book, which indicates that although the book is written in Spanish, its scope is fully international.
I am sure there is more to come from Dr. Luongo soon.
- Liability Rules Applicable to International Air Transport as Developed by the Courts of the United States, by George Tompkins.
If you are an aviation law practitioner based in the US, this book is for you.
Mr. Tompkins immerse us in a sea of judicial decisions and precedents issued by the courts of the United States from where he analyses and explains, with incredible ability, every single aspect of aviation liability law.
For every subject developed he has a ruling to quote. Chapter 7, for example, deals with definitions of terms such as Accident, International Carriage, Baggage, etc. Most of those definitions are extracted from judicial decisions on which those terms were defined. In sum, a jaw dropping book as very few out there.
This book is also available in both digital and hard cover versions and the price is quite attractive.
By the way, we must thank the author’s father, the original George N. Tompkins, for having encouraged his son to become a lawyer rather than an ice hockey player in Canada. Otherwise, we would have missed us such a marvelous book!
Finally, I could not conclude without saying that I would have really liked to featured many others books in this post. I know there are many out there that deserve to be mentioned. However, it is never too late. If you consider that there is a book I should have included in this post, please let me know and I will consider it for inclusion in any next edition of this article.
See you in my next post!
Rodolfo Ruiz A.
Danos tus comentarios!