ABSTRACT

This chapter addresses the legal issues pertaining to aircraft noise as a nuisance. It evaluates regulatory issues taken to specify aircraft noise levels and policy pertaining thereto. The chapter discusses some recent developments in the area of aircraft noise. International responsibility of a state for noise pollution caused by aircraft registered in that state or leased or chartered by an operator of that state cannot be denied merely on the strength of the claim of that state to sovereignty. When the liability of a State for transborder pollution is identified, the question arises as to who could decide disputes on the issues. The chapter attempts to trace the manner in which the Anglo-Australian judiciary has dealt with nuisance in noise pollution disputes. It addresses the issues of legal liability of an airline if such issues are considered to warrant attention at a global level.