OPINION: ABAA Needs an in-house Aviation Law Expert

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5 planes at VC Bird Airport/file photo February 2022

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BY AVIATOR: ABAA Needs an in-house Aviation Law Expert

Much of the confusion surrounding the administration of Antigua’s International Airport stems from pure ignorance of the laws which apply to Aviation.

There is a lack of legal certainty in the actions of the Board and its administration, which is creating gaping areas of culpability on the part of international operators who fail to function at the level demanded by the Rules and Regulations of ICAO, and in some cases local Government law.

Some well-established Companies who know better allow themselves to corrupt the laws of business registration using consultants and lawyers who shortchange the government of many fees, creating unfair advantages against users and local businesses.

The absence of a dedicated legal representative has caused loss to persons directly involved with Government and ABAA, by lawyers seeking to privately represent clients solicited from their Government & Board positions.

Whereas this corrupt element has quietly become a constant in doing business with Government and Statutory bodies, Aviation demands clean hands and shuns conflict of interest.

With the hundred plus lawyers serving a 108 sq. mile island of less than 100,000 persons (including children), there is not one qualified lawyer knowledgeable in aviation law.

Further, when considering the chain of islands in the Caribbean which require air connectivity to support the main industry—Tourism—it is quite appalling the paucity of legal reference to back up the business evolving from aviation.

With Civil Aviation being as law-based as is necessary for the global membership to collaborate effectively, most serious airports have installed a legal department where instant legal advice is accessible.

This measure prevents conflict of interest issues arising from the airport’s lawyers simultaneously working for the airport’s operators and other clients.

It further assures the legal framework which protects the international interests of the space separated by the Perimeter Fence around the entire airport.

All International airports control the space within the Perimeter Fence, under the legal principles as set out by the International Civil Aviation Organization.

These laws are designed to protect the membership all over the aviation world—including the small developing states like ours—by allowing us to Register a Difference when we fail to reach the legal demand.

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