THE PRINCIPLE OF EXCLUSION OF THE STATE AIR CRAFT UNDER INTERNATIONAL CIVIL AVIATION LAWS AND ITS APPLICABILITY IN THE DOMESTIC LAWS OF TANZANIA
International aviation law is embodied under two segments of aviation systems, the civil aviation laws and the state aviation laws. The state aviation is excluded from the civil aviation. The essence of this exclusion is to enhance the operation of the civil aviation for commercial purposes without difficulties. This exclusion is typically established under Article 3 of the Chicago Convention 1944. In Tanzania the domestic law is applicable to all air craft except only when the law or regulations provides otherwise. The author confirms that this is the disarray between international civil aviation law and domestic civil aviation law in Tanzania which cannot host smooth operation of civil aviation especially international flights due to the persisting inconsistencies between domestic and international law. The author suggest the reforms mainly the amendments of Section 22 and 33 of the Civil Aviation Act CAP 80 R.E 2023 to ensure that the exclusion of state air craft under international civil aviation law is relevant under the domestic civil aviation legal framework in Tanzania.
Key words: International civil aviation, state air craft
