The Philosophy of International Aviation Law

Sreejith, S. G. ORCID: https://orcid.org/0000-0001-5921-2620, Srinivasan, Lakshmi ORCID: https://orcid.org/0000-0002-4263-8083 and Irani, Vistasp (2023) The Philosophy of International Aviation Law. Indiana International & Comparative Law Review, 33 (1). pp. 169-190. Indiana University Robert H. McKinney School of Law . ISSN 2169-3226 Available at: https://doi.org/10.18060/27369

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Abstract

“International Air Law” has been justifiably arrested in a straight-jacketed approach centred on the classical doctrines of state sovereignty and sources, which is in addition to a limiting classicism in IAL’s discourses, methods, and meanings. This Article problematizes the said classicism on account of it distancing, and often dissociating, IAL from the global realities in civil aviation. It proposes an alternative approach to read IAL including rechristening it as “International Aviation Law,”, a new epistemological and disciplinary category, which has a modernist approach, and which stays close to the reality of functions in civil aviation. In making a case for IAvL, the Article primarily draws on many renewalist and radical thinking in international law and elsewhere mindful of the prevailing global and economic realities. Motivated by the same, the Article lets orthodoxies to fall for making ground for an epistemological revolution in the regulation of civil aviation. The Article organizes its critique and construction under four major heads: Sovereignty, Sources, Subjects, and Meanings.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Divisions: Jindal Global Law School
Vol/Issue no. published date: May 2023
Depositing User: Mr. Syed Anas Ali
Date Deposited: 01 Sep 2026 10:57
Last Modified: 01 Sep 2026 10:57
Official URL: https://doi.org/10.18060/27369
URI: https://pure.jgu.edu.in/id/eprint/12392

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