The ‘Prehistory’ of Illegal Charters: Regulatory Loopholes

The emergence of illegal charters is a gradual, continuous process of evolution and reinforcement of concepts, conduct, ‘dialogue amongst actors on the international plane, and assimilation of international principles into domestic law, policies, and practices.’1 When viewed as part of an historical continuum rather than as isolated incident, the emergence of illegal charters can be seen as an example of a practice that extends back into the 1950s. This chapter explores the emergence of illegal charters as a movement developed within a wider context of general aviation regulation, encompassing the clash of norms regulating public and private transport. In a nutshell, illegal charter arises where a private aircraft is used for public (commercial transport) flights, unless an exemption applies.