FAA vs. EASA: A Comparative Analysis of the Disciplinary Systems Applied in Aviation Law
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FAA vs. EASA:
A Comparative Analysis of
the Disciplinary Systems
Applied in Aviation Law
by Ariel Martfn Oliveto*
Introduction
We can indisputably argue that the International Civil Avia-
tion Organization (ICAO) is the most complete and global at-
tempt to achieve international uniformity in issues related to civil
aviation. Nevertheless, given the broad strokes of the Chicago
Convention' and its Annexes, the non-binding status of the rec-
ommendations provided by ICAO's documents, and the general
nature of some international treaties,2 aviation governance still
relies heavily on the internal laws of each country (usually com-
piled in the form of codes in the United States of America,3 Eu-
rope, and Latin America) and the regulations issued by each of
the civil aviation authorities of these countries.
In this regard, there are two major worldwide sources of
rulemaking: the U.S. Federal Aviation Administration (FAA) and
the relatively new European Aviation Safety Agency (EASA).
The Federal Aviation Administration was created in 19584 and
* Attorney at Law; Professor in Legal Sciences, University of Buenos Aires;
LLM in Law and Economics, University of Bologna / University of Hamburg;
Lawyer, National Administration of Civil Aviation (Argentina). Special
thanks to Stephen Rudolph for his patience during the revision process and
Marcela Gazzo for her overall patience and support.
I Convention on International Civil Aviation, opened for signature Dec. 7,
1944, 61 Stat. 1180, 15 U.N.T.S. 295 (entered into force Apr. 4, 1947)
[hereinafter Chicago Convention].
2 It is also worth mentioning that some international treaties contain gen-
eral compromises from the member States and were designed to solve ju-
risdictional conflicts among States, rather than to provide general rules on
specific matters.
3 For further information regarding the codification of aviation law in the
United States, see 49 U.S.C. § 40101 et seq.
4 The Federal Aviation Administration was originally named the Federal
Aviation Agency, which was the successor of the previously existing Civil](ViewImageLocal?handle=hein.journals/isavialp15&div=9&collection=&method=preview&ext=.png&size=3)
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FAA vs. EASA: A Comparative Analysis of the Disciplinary Systems Applied in Aviation Law
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