Chapter 2 : INTERNATIONAL ORGANISATIONS AND CONVENTIONS

Paris Convention, 1919

  • Significance:

    • First International Agreement on Civil Aviation.

    • Signed on 13 October 1919 at the Peace Conference in Paris under the League of Nations.

  • Key Points:

    • Established preliminary technical standards for international civil aviation.

    • Created the International Commission on Air Navigation (ICAN), precursor to ICAO.

  • Later Development:

    • Superseded by the Chicago Convention, 1944.

Chicago Convention, 1944

  • Overview:

    • Signed on December 7, 1944, consisting of 96 articles.

    • India has ratified this convention.

Important Articles from the Chicago Convention:

  1. Article 1 - Sovereignty:

    • States have complete and exclusive sovereignty over their airspace.

  2. Article 2 - Territory:

    • Defines territory for the purpose of the Convention including land areas and adjacent waters.

  3. Article 3 - Civil and State Aircraft:

    • Applicable only to civil aircraft, excludes state aircraft (e.g., military).

    • State aircraft need special agreements to fly over other states.

  4. Article 4 - Misuse of Civil Aviation:

    • States agree not to misuse civil aviation against the Convention's aims.

  5. Article 5 - Right of Non-Scheduled Flight:

    • Non-scheduled flights are allowed across state territories with certain conditions.

  6. Article 6 - Scheduled Air Services:

    • Requires special permissions for scheduled air services over/into contracting states.

  7. Article 7 - Cabotage:

    • Right to restrict foreign aircraft from taking on cargo/passengers within their territory.

  8. Article 8 - Pilotless Aircraft:

    • Requires authorization for pilotless aircraft to fly over contracting states.

  9. Article 9 - Prohibited Areas:

    • Allows states to restrict foreign aircraft from flying over certain areas for security reasons.

  10. Article 10 - Landing at Customs Airport:

    • Landing must be at designated customs airports.

  11. Article 11 - Applicability of Air Regulations:

    • Aircraft treated equally irrespective of nationality in a state's territory.

  12. Article 12 - Rules of the Air:

    • States must ensure compliance with flight rules in their territory.

  13. Article 13 - Entry and Clearance Regulations:

    • Passengers, crew, and cargo must comply with entry laws of the state.

  14. Article 14 - Prevention of Spread of Disease:

    • Measures must be taken to prevent communicable diseases through aviation.

  15. Article 15 - Airport and Similar Charges:

    • Charges for airport services must be equal for domestic and international aircraft.

  16. Article 16 - Search of Aircraft:

    • Authorities may search aircraft upon landing or departure.

  17. Articles 17-19 - Discuss aircraft nationality, dual registration, and laws governing registration.

  18. Articles 20-34 - Address various aspects of air navigation, including cargo restrictions, certificates and licenses, etc.

ICAO (International Civil Aviation Organization)

  • History and Structure:

    • Formed by the Chicago Convention in 1944.

    • Comprises an Assembly, a Council, various Committees and Commissions, and a Secretariat led by a Secretary-General.

  • Objectives:

    • Develop principles for international air navigation.

    • Promote safe growth of international civil aviation, facilities, and competition.

Technical Publications and Standards

  • ICAO publishes technical manuals, PANS, and guidelines that become Annexes to the Convention.

  • Annexes cover a wide range of topics such as:

    • Annex 1: Personnel Licensing

    • Annex 2: Rules of the Air

    • Annex 10: Aeronautical Telecommunication.

International Air Services Transit Agreement, 1944

  • Technical Freedoms of the Air:

    • First Freedom: Fly across territory without landing.

    • Second Freedom: Land for non-traffic purposes.

Unlawful Acts and Related Conventions

  • Tokyo Convention (1963): Addressed offences onboard aircraft.

  • Hague Convention (1970): Defined unlawful seizure of aircraft and established punishments.

  • Montreal Convention (1971): Focused on acts of violence affecting civil aviation.

  • Montreal Protocol (1988): Extended coverage to airport acts of violence.