Chicago convention

Air LawPresented By

Sasanka Wijeratne

Aeronautical Communications Service Supervisor Course - ICAO176

Overview

Historical background Convention on International Civil

Aviation International Civil Aviation

Organization (ICAO) Annexes to the Convention

CONVENTION ON INTERNATIONAL CIVIL AVIATION

• NEED TO USE AIRCRAFT DEVELOPED FOR WAR, FOR PEACEFUL PURPOSES

• 52 STATES MET AT STEVENS HOTEL, LAKE MICHIGAN, CHICAGO

• SPENT 37 DAYS - President Franklin D.Roosevelt declared opened the meeting

• ON O7 DECEMBER 1944 SIGNED CONVENTION ON INTERNATIONAL CIVIL AVIATION

CONVENTION ON INTERNATIONAL CIVIL AVIATION (CHICARGO

CONVENTION)

• The following Major Agreements were reached at the convention:

The Convention on International Civil Aviation

The International Air Services Transit Agreement, whereby the first two freedoms of the air are spontaneously awarded by states

CONVENTION ON INTERNATIONAL CIVIL AVIATION (CHICARGO

CONVENTION)

The International Air Transport Agreement, which exchanges five freedoms of the air.

The Interim Agreement on International Civil Aviation

CONVENTION ON INTERNATIONAL CIVIL AVIATION (CHICAGO CONVENTION)

• Convention consists of• (04) Parts

• (22) Chapters

• (96) Articles

• (19) Annexes

• Authentic in English, French, Russian, Spanish and Arabic Languages

CONVENTION ON INTERNATIONAL CIVIL AVIATION (CHICAGO

CONVENTION)

• PART I - Air Navigation Chapters 42 Articles( 1-42)• PART II - ICAO-Organization 43-66• PART III - Int’l Air Transport 67-79• PART IV – Final Provisions 80-96

Convention

• Part 1 : Air Navigation• Chapter 1 : General principles and application of the

convention • Chapter 2 : flights over territory of contracting state • Chapter 3 : Nationality• Chapter 4 : Measures to facilitate Air Navigation• Chapter 5 :Conditions to be fulfilled with respect to

aircraft• Chapter 6 : international standards and recommended

practices

Convention

• Part 2 : International Civil Aviation Organization• Chapter 7 : The organization• Chapter 8 : Assembly• Chapter 9 : Council• Chapter 10 : Air navigation commission • Chapter 11 : Personnel• Chapter 12 : Finance• Chapter 13 : Other International Agreements

Convention

• Part 3 : International Air Transport• Chapter 14 : Information and reports• Chapter 15 : Airports and other Air

navigation facilities• Chapter 16 :Joint Operating

organizations and pooled services

Convention

• Part 4 : Final Provision• Chapter 17 :Other Aeronautical Agreements

and arrangements• Chapter 18: Dispute and Default• Chapter 19 : War• Chapter 20: Annexes • Chapter 21 :Ratification of convention• Chapter 22 : Definitions


CONVENTION)

• “Where as the future development of International Civil Aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security: and

• Where as it is desirable to avoid friction and to promote the cooperation between nations and people upon which the peace of the world depends;

Preamble to the Chicago Convention


CONVENTION)

• Therefore, the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner, and that international Air transport services may be established on the basis of equality of opportunity and operated soundly and economically;

• Have accordingly concluded this convention to that end.”

Preamble to the Convention (Cont’d)

CHICAGO CONVENTION

• Currently 191 States are signatories to this Convention - one of world’s most widely accepted international treaties.

• These states are called Contracting states.

• Provides a set of principles/rules governing International Civil Aviation

• Gives Contracting States certain “RIGHTS” in exchange for meeting certain “OBLIGATIONS”

General Principles

• Article 1 : SovereigntyThe Contracting States recognize that every State

has complete and exclusive sovereignty over the airspace above its territory.

• Article 2 : Territory For the purposes of this Convention the territory of

a state shall be deemed to be the land areas and territorial waters adjacent there to under the sovereignty, suzerainty protection or mandate of such States.

Applicability

Article 3 :Civil and State aircraft•This convention shall be applicable only to civil aircraft, and shall not to be applicable to state aircraft•Aircraft used in Military, Customs and Police services shall be deemed to be state aircraft• No State aircraft shall flyover the airspace of another Contracting State without specific authority

Obligations

• Article 4 : Misuse of civil aviation• Each contracting State agrees not to

use civil aviation for any purpose inconsistent with the aims of this Convention.

Rights• Article 5: Right of Non schedule flight• Aircraft not engaged in scheduled

international air services shall have the right, to make flights into or in transit non-stop

across its territory to make stops for non-traffic purposes

without the necessity of obtaining prior permission,

Rights

subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.

Rights

Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire on other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail

Rights

• Article 6 : Scheduled air services• No scheduled international air service

may be operated over or into the territory of a contracting State, except with the or into the territory of a contracting State, except with the accordance with the terms of such permission or authorization

Rights

• Article 7 : Cabotage• Each contracting State shall have the right to refuse

permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State.

• Article 11: Applicability of air regulations• Subject to the provisions of this Convention, the

laws and regulations of a contracting State relating to the admission to or departure from its territory of aircraft engaged in inter-national air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State.

• Article 12 : Rules of the air• Each contracting State undertakes to adopt measures to

insure that every aircraft flying over or maneuvering within its territory and that every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.

Obligations

• Article 25 :Air craft in distress • Each contracting State undertakes to provide such

measures of assistance to aircraft in distress in its territory as it may find practicable, and to permit, subject to control by its own authorities, the owners of the aircraft or authorities of the State in which the aircraft is registered to provide such measures of assistance as may be necessitated by the circumstances. Each contracting State, when undertaking search for missing aircraft, will collaborate in coordinated measures which may be recommended from time to time pursuant to this Convention

Obligation

• Article 28 : Air navigation facilities and standard systems • Each contracting State undertakes, so far as it may find

practicable, to: • a) Provide, in its territory, airports, radio services,

meteorological services and other air navigation facilities • b) Adopt and put into operation the appropriate standard

systems of communications procedure, codes, markings, signals, lighting and other operational practices and rules

• c) publication of aeronautical maps and charts

Obligations

• Article 37 :Adoption of international standards and procedures

• Few of international standards and recommended practices and procedures dealing with

Communications systems and air navigation aids, Characteristics of airports and landing areas; Rules of the air and air traffic control practices Licensing of operating and mechanical personnel; Airworthiness of aircraft Aircraft in distress and investigation of accidents;

Non Compliance

• Suspension of voting power • The Assembly may suspend the voting

power in the Assembly and in the Council of any contracting State that fails to discharge within reasonable period its financial obligations to the Organization

• SOME “TECHNICAL” RIGHTS/OBLIGATIONS

• Each State agrees to give uniform treatment to aircraft from other States when in their airspace or using their airports (Articles 11 & 15)

• Provides for mutual recognition of Certificates of Airworthiness, Personnel Licences etc. (Article 33)

• SOME OBLIGATIONS• Each State agrees to provide airports and air

traffic services in conformance with standards and practices established under the Convention (Article 28)

• Each State agrees to implement in their national regulations the International Standards and Recommended Practices (SARPs) and Procedures adopted by ICAO in order to ensure the highest practicable degree of uniformity (Art 37)

• Provides mandate for the establishment of International Civil Aviation Organisation (ICAO) – Article 43

• As per the mandate given by the Chicago Convention ICAO was formed on 4th April 1947 as a specialized agency for United Nations

Important Articles• Article 1- Sovereignty over the airspace

• Article 2- Territory

• Article 3- Civil and State aircraft

• Article 4- Misuse of Civil Aviation

• Article 5- Right of non scheduled flight

• Article 6- Scheduled air services

• Article 9- Prohibited Areas

• Article 11- Applicability of Air Regulations

• Article 12- Rules of the air

• Article 14: Prevention of Disease

• Article 16- Search of Aircraft

Important Articles

• Article 17 : Nationality of Aircraft • Article 22- Measures to facilitate Air Navigation• Article 25- Aircraft in Distress• Article 26- Investigating of accidents• Article 28- Air Navigation facilities and standard

systems • Article 30- Aircraft Radio Equipment• Article 31- Certificate of Airworthiness

Important Articles• Article 32- Licenses of Personnel

• Article 33- Recognition of certificates and licenses

• Article 37- Adoption of international standards and procedures

• Article 38 - Departure from intl. standards and procedures

• Article 40 - Validity of endorsed certificates and licenses

• Article 44 - Objectives of ICAO

• Article 47 : Legal Personality of ICAO

• Article 54 - Mandatory functions of Council

• Article 56 - Nomination and appointment of Commission

• Article 57 - Duties of Commission

• Article 38- Departure from International Standard and Practices

• Articles 43,44,45,46- The ICAO• Articles 48,49- The Assembly• Articles 50,51,52,53,54,55- The Council• Articles 56,57- The Air Navigation • Commission

Important Articles

• Article 68 : Designation of routes and airports• Article 69 : Improvement of air navigatioin

facilities • Article 70 – 76: Delegating Air Navigation Services• Article 84-86 : Dispute resolution• Article 88 - Penalty for non-conformity by State• Article 90- Annexes• Article 92- Adherence to the Convention

Annexes

• 19 Annexes (17 are within air navigation filed)

• Contains Standards and Recommended Practices (SARPs)

• Adopted by the Council• Amendment or Addition of a SARPs

requires the approval of Air Navigation Commission

Annexes to the Convention

• Annex 1 Personnel Licensing.

• Annex 2 Rules of the Air.

• Annex 3 Meteorological Service for International Air Navigation.

• Annex 4 Aeronautical Charts.

• Annex 5 Units of Measurement to be Used

• Annex 6 Operation of Aircraft.

• Part I International Commercial Air Transport - Aeroplanes

• Part II International General Aviation - Aeroplanes.

• Part III International Operations - Helicopters.

• Annex 7 Aircraft Nationality and Registration Marks.

• Annex 8 Airworthiness of Aircraft.

• Annex 9 Facilitation.

Annexes to the Convention …..

• Annex 10 : Aeronautical Telecommunications.• Volume I (Radio Navigation Aids).• Volume II (Communication Procedures including those with PANS

status).• Volume III• Part I Digital Data Communication Systems.• Part II Voice Communication Systems.• Volume IV (Surveillance Radar and Collision Avoidance Systems).• Volume V (Aeronautical Radio Frequency Spectrum Utilization).• Annex 11 Air Traffic Control Service Flight Information Service

Alerting Service.• Annex 12 Search and Rescue.• Annex 13 Aircraft Accident and Incident Investigation.

• Annex 14 Aerodromes.

• Volume I Aerodrome Design and Operations.

• Volume II Heliports.

• Annex 15 Aeronautical Information Services.

• Annex 16 Environmental Protection.

• Volume I Aircraft Noise.

• Volume II Aircraft Engine Emissions.

• Annex 17 : Security Safeguarding International Civil Aviation against Acts of Unlawful Interference.

• Annex 18 :The Safe Transport of Dangerous Goods by Air.

• Annex 19 :Integrated Safety management.

Thank you