International Agreements and Organizations

The Chicago Convention . . . . . . . . . . . .

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International Law

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Commercial Considerations

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Customs and Excise, and Immigration

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International Obligations of Contracted States

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Duties Of ICAO Member States . . . . . . . . . .

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Status of Annex Components . . . . . . . . . .

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The International Civil Aviation Organization (ICAO) . .

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The Organization of ICAO . . . . . . . . . . . .

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Regional Structure of ICAO . . . . . . . . . . .

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Regional Structure and Offices

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ICAO Publications

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Other International Agreements

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The Conventions of Tokyo, the Hague and Montreal . .

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The Warsaw Convention . . . . . . . . . . . .

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The Rome Convention . . . . . . . . . . . . .

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IATA . . . . . . . . . . . . . . . . . . . .

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ECAC

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EASA

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JAA

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Eurocontrol . . . . . . . . . . . . . . . . .

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World Trade Organization . . . . . . . . . . . .

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Geneva Convention . . . . . . . . . . . . . .

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EU Regulation 261/2004 . . . . . . . . . . . .

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Summary

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Relevant International Conventions and Agreements . .

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Questions . . . . . . . . . . . . . . . . . .

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Answers . . . . . . . . . . . . . . . . . .

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International Agreements and Organizations

2

The Chicago Convention

2.1

Historical Background. As far as modes of transport are concerned, civil aviation has

2

been the fastest growing and the most technically innovative of any. From the first attempts

Organizations

at powered manned flight to regular space flight we have only just exceeded 100 years of

aviation and we have had scheduled commercial air services since 1919. The first International

Conference on Civil Aviation also took place in 1919 at Paris. Since then, the field of our chosen

profession has been subjected to far more international legislation and regulation, than any

and

other. The overriding need, which is recognized by all, regardless of political inclination, is for

Agreements

higher and higher safety standards. The degree of international co-operation in this respect is

outstanding and shows that where there is a genuine desire to achieve international agreement,

it is forthcoming.

International

2.2

The Second World War. The Second World War had a major effect upon technical

development of the aeroplane condensing a quarter of a century of normal peacetime

development into just six years. The strategic use of aeroplanes for the movement of men

and materiel to and from theatres of war laid the foundation for the air transport industry we

have today. It was foreseen that a vast network of passenger and freight services would be set

up but also many problems were foreseen to which solutions had to be found to benefit and

support a world subsequently at peace. There was the question of commercial rights - what

arrangements would be made for the airlines of one country to fly into and through the territories

of another? There were other concerns with regard to the legal and economic conflicts that

might come with peace-time flying across national borders such as how to maintain existing

air navigation facilities, many of which were located in sparsely populated areas. However,

international commercial aviation was considered to be of such importance and a priority issue,

that the government of the United States conducted exploratory discussions with other allied

(friendly) nations during the early months of 1944. Subsequently, invitations were sent to 55

states to meet in Chicago in November 1944.

2.3

The Meeting at Chicago. For five weeks the delegates of the 52 nations who attended,

considered the problems of international civil aviation. The outcome was the Convention on

International Civil Aviation, the purpose of which was “…. to foster the future development of

International Civil Aviation, to help to create and preserve friendship and understanding among

peoples of the world, so as to prevent its abuse becoming a threat to the general security thus

promoting co-operation between peoples”. The 52 States agreed on policy and arrangements

so that civil aviation may be developed in a safe and orderly manner and that international air

transport services might be established on the basis of equality of opportunity and economically

sound operation. A permanent body was subsequently charged with the administration of the

principles, the International Civil Aviation Organization (known throughout the world by the

acronym ICAO pronounced eye-kay-oh).

2.4

The “Chicago” Convention. The Chicago Convention, consisting of ninety-six articles

2

International Agreements and Organizations

International Law

2

2.5

Applicable law. There is no world parliament or global legislative body so there is legally

International

no such thing as international law. However, at conventions of States (meetings for the purpose

enforceable as there is no global police force, and all States are entitled to their sovereignty

of reaching consensus between States), arrangements are made to regulate activities affecting

more than one State through common agreement. The agreements themselves are not legally

Agreements

(see definition). What happens is that the national delegation to the convention places before

the national parliament (or legislative body) a proposal to make the text of the agreement

(and any codicils, appendices, protocols etc...) the law of that State. This process is known as

and

adoption and subsequently, ratification. In this manner what has been agreed internationally,

becomes locally enforceable law in the states concerned. An offence committed against such

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law would be try-able and punishable under national penal legislation in any Contracting State

anywhere in the world.

2.6

Territorial airspace. The application of national law is only applicable to the territory

over which that state has jurisdiction. In aviation, the extent of jurisdiction is limited by the

lateral limits of territorial airspace, but unlimited vertically. (An interesting situation regarding

satellites and space craft!). Lateral territorial limits have been agreed internationally where

such a limit is not coincident with a land boundary. The airspace of Switzerland is easily defined

because the country is land-locked. For the UK however, the limit is defined by the limit of

territorial waters, which was agreed at the Geneva Convention on the Territorial Sea and

Contiguous Zones (1958).

2.7

High Seas. The early international maritime agreements concerned the right to use

the “high seas” unhindered. The right of free aviation operation over the high seas was

embodied in the Geneva Convention on the High Seas (also of 1958), in which the high seas

are defined as ‘...all the seas outside of territorial seas’. In these (and other) conventions, the

established privileges and freedoms of mariners, including those of the flag state (the State in

which a vessel is registered and the flag of which the vessel is allowed to fly), were applied to

aeroplanes. The rights of non-coastal states to ply the seas under the flag of those countries,

requires the co-operation of coastal States to allow free access to the sea. In aviation, similar

freedoms are embodied in the Chicago Convention to allow Contracting States to fly over the

territory of other Contracting States for the purpose of international civil aviation operations.

At the subsequent UN Convention on the Law of the Sea (1982) the original agreements were

updated and reinforced.

2.8

Territory. As defined in international legislation, in aviation terms applies to the airspace

existing over the defined limits of a country’s territory at ground level.

2.9

Sovereignty. This is the right of a country (or Contracting ICAO State) to impose

national law to users of the State’s territorial airspace.