Sustainable Tourism Law

AIRPORT, CIVIL AVIATION AND TECHNOLOGY LEGAL RELATIONSHIP 777 We are only going to point out that despite the emergence of the airport company, the airport service and the airport user, in Latin America, neither the doctrine of authors nor the jurisprudence of the specialized courts in aeronautical matters, in general and with some exceptions, gave the acceptance. On the contrary, they kept the dogmas and principles and clung to them to confront the new circumstances. That is why we try to frame the study and legal analysis of the airport legal relationship under the umbrella of another legal framework, linked to the fact of transport (and air work), but differentiated from aeronautical law. We call this legal umbrella Airport Law 3 . II. THE AIRPORT LEGAL RELATIONSHIP II.1 Aeronautical law, airport law and legal relationship Civil aviation is complying with a very large number of state and private matters, with roles, interests and purposes, different but interdependent among them, in most cases. Legally, from the aeronautical law, main subjects are identified with the aeronautical legal relationship in its different variants. There, the aircraft manufacturer, the aircraft trader, the aircraft operator, insurers and passengers stood out. The airport operator, the air navigation service provider, or the airport permit holders do not appear, at least with that intensity or dedication. Neither the state inspection agencies such as customs, migrations. They often appear providers of public security or security (AVSEC), especially from the paradigm shift that meant 9/11 for the industry. Even less the aeronautical legal relationship deals with the airport user, that is to say, the person who uses the facilities and services of the airport, whether or not for the purpose of making a trip: the passenger and the visitor (meeters & greters). Similarly, in different measures and intensities, the manufacturer, the aircraft dealer (lessor), the operator or air operator (carrier) and the passenger of the airline, are subjects considered in the airport legal relationship. But they are not the only ones. The airport legal relationship is different. Not only for the emergence of the public airport service, but fundamentally, for the 3 Gonzalez Diego “Airport Law. Legal Regime of the Airport Service”. Prometeo Editorial. Buenos Aires. 2013.

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