International Air Law & Chicago Convention

Sovereignty

Complete and exclusive right of a State to govern its airspace. No other state may exercise authority. ICAO cannot override it.

Suzerainty

State voluntarily follows international rules without strict legal obligation. Self-imposed compliance with external standards.

Cabotage

Carriage between two domestic points by a foreign carrier. Every State has absolute right to PROHIBIT it.

Standard vs Recommended Practice

Standard = NECESSARY (MANDATORY – file difference if non-compliant). RP = DESIRABLE (ADVISORY – no filing required).

Accident investigation

State of Occurrence institutes inquiry. State of Registry may appoint observers.

7 mandatory documents

Registration; Airworthiness; Crew Licenses; Journey Logbook; Radio License; Passenger List; Cargo Manifest.

Recognition of certificates

Must recognize foreign C of A and licenses IF issued under ICAO minimum standards.

Article 83 bis

Allows State of Registry to TRANSFER safety oversight to State of Operator for leased aircraft. Must register with ICAO.

Article 90

Annex effective within 3 months unless MAJORITY disapprove. Silence = acceptance.

Denunciation

NO state has ever denounced Chicago Convention. 3-year waiting + 1-year notice.

Customary International Law

Two elements: State Practice + Opinio Juris (belief of legal obligation).

Pacta Sunt Servanda

Every treaty binding and must be performed in GOOD FAITH. Foundational enforcement rule.

Domestic law vs treaty

State CANNOT invoke domestic law to justify treaty non-compliance.

Hard Law vs Soft Law

Hard = legally binding (treaties, customary). Soft = not binding but influential (SARPs internationally).

Self-Executing vs Non-Self-Executing

Self-executing = domestic law upon ratification. Non-self-executing = requires implementing legislation.

Chicago Conference problems

1) Commercial rights; 2) Navigation facility costs; 3) Legal

Chicago Conference outcomes

1) Chicago Convention; 2) IASTA (1st & 2nd Freedoms); 3) IATA (5 Freedoms – limited).

Article 3 bis

PROHIBITS use of weapons against civil aircraft. Adopted 1983, entered 1998 (15 years).

Non-scheduled flights

No prior permission for non-traffic stops. State may require landing or prescribe routes.

Scheduled flights

NO scheduled service without special permission (bilateral ASA required).

Article 17

Aircraft have nationality of State of Registry.

Article 18

DUAL REGISTRATION PROHIBITED. Aircraft only in ONE state.

Article 19

Each State governs registration by its own laws.

Article 20

Must display nationality and registration marks on fuselage

Article 21

States supply registration info to other States or ICAO on request.

State of Registry vs Operator

Registry = issues C of A, licenses. Operator = airline's principal place of business (may receive Article 83 bis).

Customs duty

Aircraft duty-free. Int'l jet fuel NOT subject to customs duty on arrival.

Aircraft in distress

States MUST provide assistance. Non-optional.

Stop for non-traffic purposes

Landing NOT for taking on

Emergency squawk codes

7600 = Radio failure. 7700 = Emergency. 7500 = Unlawful interference.

Article 38 differences

If cannot comply with Standard, MUST notify ICAO. NOT optional. RPs not required.

Non-filing consequence

Violation of Chicago Convention → USOAP findings, FAA

War & Emergency

State may immediately restrict

Philippines dualist approach

Treaties NOT automatically domestic law – require implementing legislation (PCARs). Original signatory Dec 7, 1944.

Article 2

Territory = land areas + territorial waters (12 nm) under sovereignty, suzerainty, protection, or mandate.

Article 3

Convention applies ONLY to civil aircraft. State aircraft (military, customs, police) need special clearance.

Article 4

States agree NOT to use civil aviation for any purpose inconsistent with Convention aims.

Article 8

No unmanned aircraft over territory without special authorization. Legal root of drone regulation.

Article 12

States ensure compliance with ICAO rules. Over HIGH SEAS, ICAO rules apply WITHOUT EXCEPTION.

Article 15

Airports open to all contracting states under UNIFORM CONDITIONS. Non-discrimination.

Article 16

Authorities may search aircraft on landing

Article 22

States expedite navigation and prevent delays. Basis for e-gates, single-window cargo (Annex 9).

Article 23

Procedures align with ICAO practices (MRTD biometric passports – Doc 9303).

Article 28

States provide airports, radio, met services per ICAO standards.

Article 30

Aircraft must carry radio station license if equipped with transmitting apparatus.

Article 31

Every aircraft in int'l navigation must have a Certificate of Airworthiness.

Article 32

Crew must hold licenses issued or validated by State of Registry.

Article 34

Must contain flight details, fuel, defects.

Article 37

States collaborate in securing uniformity in regulations, standards, procedures.

Article 39

Certificates

Article 40

States not meeting ICAO minimums may have certificates rejected by other states.

Article 41

Aircraft already certificated before standards adopted may be exempted.

Article 42

State aircraft exempt from airworthiness provisions.

Article 43

Organization named "International Civil Aviation Organization."

Article 44

Safe

Article 45

MONTREAL, CANADA (determined at first Assembly).

Article 46

Called by provisional PICAO within 60 days of Convention entry into force.

Article 47

ICAO has legal personality and capacity in contracting states.

Article 48

Meets at least every 3 years. Each state = ONE VOTE.

Article 49

Elect Council; vote budget; amend Convention; determine policies.

Article 50

36 states elected by Assembly for 3-year terms.

Article 51

Elected by Council for 3-year term. May be re-elected.

Article 52

Each Council member has ONE VOTE. Decisions by majority.

Article 53

Meets as often as necessary, at least 3 times per year.

Article 56

Council appoints ANC from nominees put forward by states.

Article 57

Examines and recommends SARPs. Members serve in PERSONAL CAPACITY.

Article 58

Perform duties assigned by Council. Elect own chairman.

Article 59

Appointed by Council on nomination by states. Chief administrative officer.

Article 60

Secretary-General prepares budget. Council approves, Assembly adopts.

Article 61

Expenditures charged based on SCALE OF ASSESSMENTS (GNP + traffic share).

Article 62

States in financial arrears may have voting rights SUSPENDED.

Article 63

Expenses of Council members and ANC borne by ICAO.

Article 64

Council adopts financial regulations for ICAO.

Article 65

Assembly receives annual reports from Council.

Article 66

Property and assets exempt from taxation in contracting states.

Article 67

States submit statistics to ICAO as requested.

Article 68

Regional commissions established by Council.

Article 69

ICAO may recommend action if air navigation facilities inadequate.

Article 70

ICAO may provide financial

Article 71

ICAO may administer joint financing arrangements.

Article 72

States contribute to joint financing arrangements.

Article 73

Council reports on joint financing to Assembly.

Article 74

ICAO may provide technical assistance to states.

Article 75

ICAO may receive and administer funds for technical assistance.

Article 76

Regional planning commissions established for navigation facilities.

Article 77

States may jointly operate air transport organizations.

Article 78

ICAO may participate in joint organizations.

Article 79

Joint organizations shall not contravene Convention.

Article 80

Existing agreements must be registered with ICAO.

Article 81

All air transport agreements registered with ICAO.

Article 82

Inconsistent agreements abrogated.

Article 84

Disagreements decided by ICAO Council. Appeals to arbitral tribunal or ICJ.

Article 85

Arbitration procedure determined by Council unless parties agree otherwise.

Article 86

Appeals from Council decisions go to arbitral tribunal or ICJ.

Article 87

Council may BAN non-compliant airline from ALL member states' airspace.

Article 88

Assembly SUSPENDS VOTING RIGHTS of defaulting state.

Article 91

Convention entered force 4 April 1947. US government is depositary.

Article 92

States gaining independence adhere through notification to US government.

Article 93

States may be admitted by Assembly on recommendation of Council.

Article 94

Requires 2