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The Chicago Convention (1944)
52 nations agreed on policy and arrangements so that civil aviation may be developed in a safe an orderly manner.
A permanent body was charged with the administration of the principles: ICAO.
Territorial airspace
The national law of a state is only applicable in the territory over which that state has jurisdiction. In aviation, it is limited by the lateral limits but unlimited vertically.
Overhead the high seas there is the right of free aviation operation (Geneva convention). The international laws apply here (ICAO).
Scheduled vs non-scheduled flight
A scheduled flight is one for which agreements has been reached between states concerning the schedule. A state can always refuse to grant permission for an operator.
A non-scheduled flight is one to which a schedule is not attached. Charter flights that are not flown on a regular basis is an example of this. Because of the freedoms of the air, a state cannot refuse to accept a non-scheduled flight.
Cabotage is defined as the transport of goods or passengers between two points in the same country (Domestic scheduled commercial flights).
International obligations of contracted states
By accepting contracted status, each state accepts the responsibility for enforcement of the rules and regulations within its sovereign territory and airspace through national law.
Each sovereign state has to notify ICAO of any differences between their own national regulations and the international standards adopted immediately.
The state in whose airspace a offence occurs, has the right to punish offenders. If it occurs over the high seas, the state of registration has the right to prosecute offenders.
Standards and recommended practices (SARP’s)
Are considered binding for all contracting states unless one finds it impossible to implement them. ICAO should then be informed of any differences. Those differences will then be detailed in the national AIP.
The SARP’s are finalized by the ICAO Air Navigation Commission.
A standard = necessary for the safety or regularity. Contracting states will conform with them unless not possible.
A recommended practice = desirable in the interest of safety or regularity. Contracting states will benefit if they conform with them.
When there is an amendment to an international standard, a State must give notice to the ICAO council within 60 day of the adoption of the amendment.
ICAO – International Civil Aviation Organisation
Created by the Chicago convention, it’s aim is to develop the principles and techniques of international civil air navigation and to aid the planning and development of international air transport.
The organizations of ICAO
1. The assembly (all contracting states)
Is the sovereign body of ICAO which meets at least once every 3 years and is called together by the Council. Each contracting state has 1 vote.
2. The council (3 members selected by the assembly)
A permanent body responsible to the assembly and is composed of 3 states elected by the assembly for a 3 year term. The council is the governing body of ICAO.
3. Commissions and committees
Composed of members, appointed by the council. One of them is the air navigation commission which proposes, formulates and finalizes the SARP’s and presents them for adoption by the council.
4. The ICAO secretariat
Divided into sections, each corresponding to a committee and supplies technical and administrative aid to the council.
ICAO Publications (Annexes)
PANS
Where the content of the SARP’s is somewhat technical and requires further explanation or discussion, procedures for air navigation services (PANS) are published by ICAO.
Other international agreements
It was not found possible to reach and agreement satisfactory to all the original 52 states, but the conference set up 2 supplementary agreements;
The international air services transit agreement
Provided aircraft of any participating state to fly over, or to land for technical reasons in the territory of any other participating state (2 first freedoms of the air).
The international air transport agreement
Provided, amongst other things, for the carriage of traffic between the state of registration of the aircraft and any other signatory state (3 last freedoms of the air).
The 5 freedoms of the air
1 – Fly across the territory of another participating state without landing
2 – Can land in another participating state for non-traffic purposes
3 – Can put down traffic in another state that was taken on in state of registration
4 – Can take up traffic in another state destined for the state of registration
5 – Airline registered in one country and en-route to/from that state can take on traffic in a second state and put them down in a third state
(Questions might also state a 6th one, which is a combination of 3 and 4)
The other conventions (basic explanation)
Paris = sovereignty over airspace. Standards for airworthiness + certificates for crew
Warsaw = carrier’s liability for damage caused to passengers/baggage/goods
Rome Convention = Damage caused by a foreign aircraft to third parties on the surface
Tokyo = offences and certain other acts committed on board an aircraft
Montreal = Suppression of unlawful acts against the safety of civil aviation
Concerning the Warsaw and Rome convention, the right to damages is lost if an action is not brought within 2 years. This time starts from the date of arrival at destination, or from the date on which the aircraft thought to have arrived, or from the date on which the carriage ceased.
52 nations agreed on policy and arrangements so that civil aviation may be developed in a safe an orderly manner.
A permanent body was charged with the administration of the principles: ICAO.
Territorial airspace
The national law of a state is only applicable in the territory over which that state has jurisdiction. In aviation, it is limited by the lateral limits but unlimited vertically.
Overhead the high seas there is the right of free aviation operation (Geneva convention). The international laws apply here (ICAO).
Scheduled vs non-scheduled flight
A scheduled flight is one for which agreements has been reached between states concerning the schedule. A state can always refuse to grant permission for an operator.
A non-scheduled flight is one to which a schedule is not attached. Charter flights that are not flown on a regular basis is an example of this. Because of the freedoms of the air, a state cannot refuse to accept a non-scheduled flight.
Cabotage is defined as the transport of goods or passengers between two points in the same country (Domestic scheduled commercial flights).
International obligations of contracted states
By accepting contracted status, each state accepts the responsibility for enforcement of the rules and regulations within its sovereign territory and airspace through national law.
Each sovereign state has to notify ICAO of any differences between their own national regulations and the international standards adopted immediately.
The state in whose airspace a offence occurs, has the right to punish offenders. If it occurs over the high seas, the state of registration has the right to prosecute offenders.
Standards and recommended practices (SARP’s)
Are considered binding for all contracting states unless one finds it impossible to implement them. ICAO should then be informed of any differences. Those differences will then be detailed in the national AIP.
The SARP’s are finalized by the ICAO Air Navigation Commission.
A standard = necessary for the safety or regularity. Contracting states will conform with them unless not possible.
A recommended practice = desirable in the interest of safety or regularity. Contracting states will benefit if they conform with them.
When there is an amendment to an international standard, a State must give notice to the ICAO council within 60 day of the adoption of the amendment.
ICAO – International Civil Aviation Organisation
Created by the Chicago convention, it’s aim is to develop the principles and techniques of international civil air navigation and to aid the planning and development of international air transport.
The organizations of ICAO
1. The assembly (all contracting states)
Is the sovereign body of ICAO which meets at least once every 3 years and is called together by the Council. Each contracting state has 1 vote.
2. The council (3 members selected by the assembly)
A permanent body responsible to the assembly and is composed of 3 states elected by the assembly for a 3 year term. The council is the governing body of ICAO.
3. Commissions and committees
Composed of members, appointed by the council. One of them is the air navigation commission which proposes, formulates and finalizes the SARP’s and presents them for adoption by the council.
4. The ICAO secretariat
Divided into sections, each corresponding to a committee and supplies technical and administrative aid to the council.
ICAO Publications (Annexes)
PANS
Where the content of the SARP’s is somewhat technical and requires further explanation or discussion, procedures for air navigation services (PANS) are published by ICAO.
Other international agreements
It was not found possible to reach and agreement satisfactory to all the original 52 states, but the conference set up 2 supplementary agreements;
The international air services transit agreement
Provided aircraft of any participating state to fly over, or to land for technical reasons in the territory of any other participating state (2 first freedoms of the air).
The international air transport agreement
Provided, amongst other things, for the carriage of traffic between the state of registration of the aircraft and any other signatory state (3 last freedoms of the air).
The 5 freedoms of the air
1 – Fly across the territory of another participating state without landing
2 – Can land in another participating state for non-traffic purposes
3 – Can put down traffic in another state that was taken on in state of registration
4 – Can take up traffic in another state destined for the state of registration
5 – Airline registered in one country and en-route to/from that state can take on traffic in a second state and put them down in a third state
(Questions might also state a 6th one, which is a combination of 3 and 4)
The other conventions (basic explanation)
Paris = sovereignty over airspace. Standards for airworthiness + certificates for crew
Warsaw = carrier’s liability for damage caused to passengers/baggage/goods
Rome Convention = Damage caused by a foreign aircraft to third parties on the surface
Tokyo = offences and certain other acts committed on board an aircraft
Montreal = Suppression of unlawful acts against the safety of civil aviation
Concerning the Warsaw and Rome convention, the right to damages is lost if an action is not brought within 2 years. This time starts from the date of arrival at destination, or from the date on which the aircraft thought to have arrived, or from the date on which the carriage ceased.
