Hi-Level Introduction to Air Law
Presented by Sofema Online (SOL) www.sofemaonline.com
In the Beginning
1903 – saw the beginnings of powered aviation with rapid developments during World War I particularly related to the development of military aviation
1919 - Paris Convention 1919 – first international aviation law convention
» During the period 1919-1944, there was a gradual growth of international air transport
1944 Chicago conference 1944 convened to plan the development of post-war air transport
The main aims of the Chicago Convention included the world's need for safe, regular & efficient air transport. In addition to establishing the basic international regulatory framework and establishing the International Civil Aviation Authority (ICAO)
Chicago Conference Outcomes :
» Chicago Convention 1944 (Convention on International Civil Aviation)
» International Air Services Transit Agreement
» International Air Transport Agreement
Chicago convention 1944-basic principles - State Sovereignty – Highlights
Art. 1: The contracting States recognize that every state has complete and exclusive sovereignty over the territory above its territory
Art. 3: Applies only to civil aviation & not state aircraft
Art 4: Misuse of civil aviation prohibited
Art. 5: Grants aircraft not engaged in scheduled international air services the right to make flights into and in transit across the territory of a contracting state, and to make non-traffic stops
Art. 6: No scheduled international air service may operate over or into the territory of a contracting state, except with the special authorization
Art. 7: permits contracting states to reserve all traffic between places in their territory for their own national carriers (known as ‘cabotage’)
» Cabotage is the right to operate aircraft within a particular territory. No foreign operator may operate a domestic trip in another country.
Art. 9: Flight over prohibited areas
Art 11 : Entry & departure regulations
Art. 12: Each contracting state must enforce Convention’s rules as to flight & maneuver against its own national aircraft (wherever they may be) and to any foreign aircraft operating within its territory
Art 15 Airport/air navigation charges
Art.17: Aircraft have the nationality of the state in which they are registered
Art.20 Every aircraft shall bear its appropriate nationality & registration marks
Art 25: Aircraft in distress
Art 26: Accident investigation
Art.38: if compliance is found impracticable state need only notify ICAO of any difference between its own practice and that established by the international standard
Art. 63: Gen. Assembly may suspend state’s Assembly
Art. 84: disputes referred to ICAO Council for decision/appeals to arbitral tribunal / international court of justice
Art. 90: ICAO Council adopted by two-thirds vote Annex or amendment enters force 3 months later ( unless in the meantime a majority of contracting states object
International Civil Aviation Organization (ICAO)
ICAO was established by Chicago Convention, Part II with the following aims & objectives :
» To develop the principles of international air navigation
» To foster the development of international air transport
» To ensure safe & orderly growth of international civil aviation
» To meet the needs of the world for safe, efficient, regular, and economical air transport
ICAO Primary Groups:
» Assembly – all Chicago contracting states
» Council – 33 elected states representing:
o States of chief importance to air transport
o Other states making the largest contribution to international air navigation facilities
o Other states that ensure representation of all major world areas
o Air Navigation Commission
o Air Transport Commission
o Secretariat
o Legal Committee
Chicago Convention Annexes
» Annex 1 - Personnel Licensing
» Annex 2 - Rules of the Air
» Annex 3 - Meteorological Services
» Annex 4 - Aeronautical Charts
» Annex 5 - Units of Measurement
» Annex 6 - Operation of Aircraft
» Annex 7 - Aircraft Nationality and Registration Marks
» Annex 8 - Airworthiness of Aircraft
» Annex 9 - Facilitation
» Annex 10 - Aeronautical Telecommunications
» Annex 11 - Air Traffic Services
» Annex 12 - Search and Rescue
» Annex 13 - Aircraft Accident and Incident Investigation
» Annex 14 - Aerodromes
» Annex 15 - Aeronautical Information Services
» Annex 16 - Environmental Protection
» Annex 17 - Security
» Annex 18 - The Safe Transportation of Dangerous Goods by Air
» Annex 19 - Safety Management
ICAO – promotion of international aviation law
1948: Geneva Convention on rights in aircraft
1952: Rome Convention on surface damage
1955: The Hague Protocol to Warsaw Convention 1929
1961: Guadalajara Convention-supplement to Warsaw
1963: Tokyo Convention on Jurisdiction & commander’s powers
1970: Hague Convention on Hijacking
Next Steps
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