AIR LAW
ATPL OXFORD 4TH EDITION
AIR LAW
RULES OF AIR
AIR TRAFFIC SERVICES
AERODROMES
INTERNATIONAL
AGREEMENTS
AND
ORGANISATIONS
THE CHICAGO CONVENTION
US sent invitation to 55 states to meet at Chicago at November 1944
Out of 55 states, 54 attended
52 signed – CONVENTION ON INTERNATIONAL CIVIL AVIATION
ICAO - International Civil Aviation Organization
In charge of administration of the principle
Consist of 96 articles
THE CHICAGO CONVENTION
Operate in Principle:
Every state has complete and exclusive sovereignty over its airspace
No scheduled international air services may operate over or into the territory of a
contracting state w/o states consent
Not an international LAW
Common Agreement
A proposal to make the agreement the law of member state (ADOPTION)
Then RATIFICATION to law.
In case of non conformance, Article 38 of Chicago Convention must be
followed.
THE CHICAGO CONVENTION
FREEDOM OF AIR - exchange of commercial rights in international civil
aviation.
Bilateral agreement
Grant each other certain rights regarding the commercial exploitation of civil
aviation
Give rights to transit the airspace of contracting states to scheduled flights
International Air Services Transit Agreement
permits aircraft to fly over or land for technical reason in the contracting/ another state
International Air Transport Agreement
allows the carriage of traffic between the State of Registration and another signatory
state.
THE CHICAGO CONVENTION
Freedom of air
Scheduled Flight
Flight concerning the schedule between states (at government level)
How many flights will be allowed in any period?
What aerodrome can be used?
What time of the days the flights will be allowed?
What reciprocating agreements would be required?
State not obliged to grant permission for an operator to operate a schedule
THE CHICAGO CONVENTION
Freedom of air
Non-Scheduled Flight
Flight not concerning a schedule (charter flight that are not flown on regular basis)
Embodiment of the freedoms that a state cannot refuse (on political or economic
grounds)
Cabotage
Transport of goods or passengers between 2 points w/in the country
Domestic scheduled commercial air transport
E.g. in US no foreign carrier is permitted to operate cabotage but un EU, the treaty of
Rome allows free access to all EU territory and forbids cabotage within individual EU
states. It allows Ryanair (Irish Operator) permitted to operate scheduled services w/in UK
and other EU states but doesn’t permit non-EU carrier to operate w/in EU.
THE CHICAGO CONVENTION
Facilitation of. Customs and Immigration
First point of landing in the contracting state at a recognized international airport
that provides customs, health and immigration facilities. (In UK it is known as
Custom Airports)
Within EU country, removal of restrictions to free trade allows to disregard the facilitation
THE CHICAGO CONVENTION
Article 38 of Chicago Convention
Requires each Sovereign State to notify ICAO of any differences between their
national regulations and the International Standards adopted.
Standards and Recommended Practices (SARPS).
Regulations established to facilitate smooth and expeditious flow of air traffic.
International (ICAO) Rules of the Air (Annex 2)
To standardize the procedures for civil aviation specifically for the safety of
aircrew and passengers.
THE CHICAGO CONVENTION
Right to Prosecute Offenders.
State at w/c the offence occurs has the right to try and punish the offenders.
“High Seas” – state of registration
If a state doesn’t want to prosecute, another state may do so.
Example: A bomb is placed on an American airplane by 2 Libyans in Frankfurt or
Rome. The airplane explode over Scotland. The ff. has the power to prosecute:
1. The UK (under Scottish Law)
2. The US- the airplane was registered in USA
3. The Italians – the bomb was placed on board in Rome
4. The Germans – because the airplane made a stop in Frankfurt
5. Any other state, the citizens of w/c were killed or injured
6. Libya – because the suspects are Libyan
THE CHICAGO CONVENTION
Duties of ICAO member states
Standards and Recommended Practices (SARPS) – states are required to comply
Contains 18 annexes
If state can’t follow, the state must inform ICAO under terms of Article 38
Customs, Duty and Excise
States are asked to exempt fuel, lubrication and other technical consumables taken on an
a/c ( for consumption in flight)
Creation of “FREE ZONE” (Annex 9) allow expeditious handling of goods and cargo
intended for import or which are passing through.
Aircraft Certificates, Registration and Licenses.
Carriage of Dangerous Cargo.
THE CHICAGO CONVENTION
Standards and Recommended Practices (SARPS)
Standards
any specification for physical characteristics, configuration, materiel, performance,
personnel or procedure the uniform application of which is recognised as necessary for
the safety or regularity of international air navigation and to which Contracting States
will conform in accordance with the Convention.
Recommended Practice
any specification for physical characteristics, configuration, materiel, performance,
personnel or procedure the uniform application of which is recognised as desirable for
the safety or regularity of international air navigation and to which Contracting States
will endeavour to conform in accordance with the Convention.
THE CHICAGO CONVENTION
The International Civil Aviation Organization (ICAO)
Inter-government organization in relationship with UN
HQ is at Montreal
It provides the machinery to achieve standardization and agreement
technical,
economic and
legal aspects of international civil aviation.
THE CHICAGO CONVENTION
The International Civil Aviation Organization (ICAO)
Aims and Objectives
1. Ensure the safe and orderly growth of international civil aviation throughout the world.
2. Encourage arts of aircraft design and operation.
3. Encourage the development of airways, airports and air navigation facilities.
4. Meet the need for safe, regular, efficient and economical air transport.
5. Prevent waste caused by unreasonable competition.
6. Ensure the rights of Contracting States are fully respected.
7. Avoid discrimination between Contracting States.
8. Promote the safety of flight in international aviation.
9. Generally promote all aspect of international civil aeronautics.
THE CHICAGO CONVENTION
The International Civil Aviation Organization (ICAO)
THE CHICAGO CONVENTION
The International Civil Aviation Organization (ICAO)
The Assembly
Sovereign body (all contracting states)
Meets once in 3 years
Each contracting state entitled to 1 vote
The Council
Composed of 33 elected contracting state
3 years term
Governing body
THE CHICAGO CONVENTION
The International Civil Aviation Organization (ICAO)
The Commissions and Committees
Appointed by the council
They are:
1. The Air Navigation Commission
2. The Air Transport Committee
3. The Legal Committee
4. The Committee on Joint Support of Air Navigation Services
5. The Personnel Committee
6. The Finance Committee
7. The Committee on Unlawful Interference
THE CHICAGO CONVENTION
The International Civil Aviation Organization (ICAO)
The Commissions and Committees
Appointed by the council
They are:
1. The Air Navigation Commission – proposes, formulates and finalizes SARP
2. The Air Transport Committee
3. The Legal Committee
4. The Committee on Joint Support of Air Navigation Services
5. The Personnel Committee
6. The Finance Committee
7. The Committee on Unlawful Interference
THE CHICAGO CONVENTION
The International Civil Aviation Organization (ICAO)
The Secretariat
Supplies technical and administrative aid to the Council.
headed by a Secretary- General
Five main divisions:
1. Air Navigation Bureau
2. Air Transport Bureau
3. Technical Assistance Bureau
4. Legal Bureau
5. Bureau of Administration and Services
THE CHICAGO CONVENTION
The International Civil Aviation Organization (ICAO)
Regional offices
Main function is to maintaining, encouraging, assisting, expediting and following-up the
implementation of air navigation plans.
Nine geographic regions
1. AFI - Africa - Indian Ocean
2. NAM - North America
3. ASIA – Asia
4. CAR – Caribbean
5. NAT - North Atlantic
6. EUR – Europe
7. PAC – Pacific
8. MID - Middle East
9. SAM - South America
THE CHICAGO CONVENTION
ICAO Publication
ICAO Annexes
Compose of 18 annexes
The 18 annexes are:
1. Personnel Licensing
2. Rules of the Air
3. Meteorological Services for International Air Navigation
4. Aeronautical Charts
5. Units of Measurement to be used in Air and Ground Operations
6. Operation of Aircraft
7. Aircraft Nationality and Registration Marks
8. Airworthiness of Aircraft
9. Facilitation
10. Aeronautical Telecommunications
11. Air Traffic Services
12. Search and Rescue
13. Aircraft Accident Investigations
14. Aerodromes
15. Aeronautical Information Services
16. Environmental Protection
17. Security - Safeguarding International Civil Aviation against Acts of Unlawful Interference
18. The Safe Transport of Dangerous Goods by Air
THE CHICAGO CONVENTION
ICAO Publication
PANS - Procedures for Air Navigation Services (PANS)
Contains contain operational material that would be too detailed for SARPs
PANs are approved by the council while SARPs are adopted by the council
SARPs are supplemented by 6 PANS:
1. PANS-ABC: Abbreviations and Codes
2. PANS-AERO: Aerodromes
3. PANS-AIM: Information Management
4. PANS-ATM: Air Traffic Management
5. PANS-OPS: Aircraft Operations
6. PANS-TRG: Training
THE CHICAGO CONVENTION
ICAO Publication
SUPP- Regional Supplementary Procedures (Doc 7030/4)
In case of navigational procedure/s differ from the worldwide procedures
SUPPS are approved by the Council, but only for regional use.
FREEDOM OF THE AIR
Freedom - privilege conferred by virtue of signatory status to a bilateral
agreement
For general aviation and non-scheduled commercial operations, the filing
of an international flight plan is the method by which a flight gives
notification to exercise the privileges of the appropriate freedoms.
Technical Freedoms - International Air Services Transit Agreement (first 2
freedom)
Commercial Freedom - International Air Transport Agreement.
FREEDOM OF THE AIR
Technical Freedom = International Air Services Transit Agreement
First Freedom - The privilege to fly across the territory of another participating
state without landing.
Second Freedom - The privilege to land in another participating state for non-
traffic purposes (i.e. refuelling or repair. but not for uplift or discharge of traffic
passengers, cargo or mail).
FREEDOM OF THE AIR
Commercial Freedom = International Air Transport Agreement
Third Freedom - The privilege to put down in another state (e.g. the USA) traffic
taken on in the state of registration (e.g. the UK).
Fourth Freedom – The privilege to take on in another state (e.g. the USA),
traffic destined for the state of airline registration (e.g. the UK).
Fifth Freedom – The privilege for an airline registered in one state (e.g. the UK)
and en-route to or from that state, to take on traffic in a second state (e.g.
Greece) and put them down in a third state (e.g. Italy).
FREEDOM OF THE AIR
Modern Freedom (Beyond Freedom)= International Air Transport
Agreement
Sixth Freedom – Combination of 3rd and 4th freedom.
“Unofficial Freedom”
If only granted with 3rd and 4th only and not the 6th, the airline use the term ”Connecting
Flight”
Seventh Freedom – fly traffic from one country to another other than its home
country.
Eighth Freedom – “Consecutive Cabotage”. Fly traffic to 2 domestic points in a
foreign country from home country.
Ninth Freedom – “Full Cabotage”, “Stand Alone Caboatge”, “Open Skies”.
Flying between 2 points in a foreign country
FREEDOM OF THE AIR
TOKYO CONVENTION OF
1963
The Convention on Offences and Certain Other Acts Committed on
Board Aircraft, commonly called the Tokyo Convention, is an international
treaty concluded at Tokyo on 14 September 1963. It entered into force on 4
December 1969, and as of 2022 has been ratified by 187 parties
This convention provides that the State of Registration of an aircraft is
competent to exercise jurisdiction over offences and acts committed on
board.
Contains power of PIC in case of unlawful acts while flying in airspace other
than the state of registration
HAGUE CONVENTION OF
1970
Convention for the Suppression of Unlawful Seizure of Aircraft
signed in Hague in Dec 1970
It defines the act of unlawful seizure of aircraft (hijacking) and provides
provisions on establishment of jurisdiction by states over the offence.
MONTREAL CONVENTION OF
1971
Convention for the Suppression of Unlawful Acts against the Safety
of Civil Aviation
Came into effect in 26 Jan 1973
It mainly concerned w/ acts other than unlawful seizure like:
Acts of violence on board which endanger people and property and the safety of
the aeroplane
The destruction of an aircraft in service or causing damage which renders it
incapable of flight or which is likely to endanger its safety in flight
Placing in an aircraft any device likely to destroy, damage or render unfit for
flight any aircraft
Destroying or damaging any air navigation facility or interference with its correct
operation
The communication of information known to be false which endangers the safety of
an aeroplane in flight
WARSAW CONVENTION
Convention for the Unification of Certain Rules Relating to
International Carriage by Air,
Carrier and agents of aircraft’s responsibility and liabilities
It limits the liability to US$10,000/ pax
In 1955, it was amended during the Hague Protocol and change the limit to
US$100,000/ pax but carriers agree a higher amount if warranted by a Court.
Issuing of ticket – forms a contract between the person receiving the ticket
and carrier.
In case the carrier accepts a pax, luggage or cargo w/o a ticket, the carrier is still
liable but w/o the protection of the convention.
In case of lose, irregularity or absence of ticket does not affect the validity of
contract.
