Aircraft registration under Maltese law

Abstract

This work first goes back to the roots of the Maltese aviation industry explaining briefly how from the earliest days of aviation history, Malta always was involved directly in the development of this by then new phenomenon. This made it inevitable for the Islands to benefit at that time from a modern aircraft registration system founded on timely legislations constantly amended to embody the developments taking place in the international scenario. Hence this thesis first gives an exposition of the relevant laws then in force and follows by a detailed analysis of the international legal regime, tracing back its origins and highlighting its developments and problems faced throughout and still faced today. Since such regime is formulated on the basic principle of international law; the principle of territorial sovereignty and non-intervention, the accent is always on the State of Registry and its consequent obligations, and whether such duties can in certain instances be relieved from. Problems arising out because of the outdated fabric of this regime and provided solutions are accounted for. Recent European legal developments couldn't be left out acting as catalyst for EU States to open their registration systems and do away with the nationality criteria. Consequently the mind is provoked to give an extensive appraisal of the now outdated Maltese Law still focusing entirely on the qualified-person criteria based on nationality, whilst outlining present possibilities and limitations of registrations over a background of international developments. A comparative study of foreign laws follows. The registration systems under study all represent unique characteristics rendering them worth to be subjects of study and appraisal. Whilst the nationality criteria persists throughout, even in the most open system in the world, their design makes them flexible enough to cater for foreign registrations. This without compromising some form of link with the aircraft registered. Given this context the thesis calls out for reform. The well-known fact that opening the aircraft register can never lead to the creation of a flag of convenience, albeit an exceptional example, is categorically spelled out. The need to open the Maltese register is carefully weighed and reasons provided, mainly from a legal and even from an economic point of view. The radical amendments which should be introduced are also provided and extensively dealt with, affirming once again the urgent need to overhaul the Maltese aircraft registration system; in the light of Malta's accession to the EU; if Malta is to fulfil its legal obligation to provide safety in air, in particular in the surrounding region; and also if it wants to repeat the success story it witnessed in the maritime sector.