To execute and regulate the air traffic effectively there is need to have proper rules and laws which will be helpful to the legislative authorities in nations. In the present report there will be discussion based on Chicago Convention which was the new reform in developing the International Civil Aviation Organisation (ICAO) which in turn helps in regulating the air traffic in the country. The report will highlight all the articles which were made in relation with developing the framework of the operation.
The preparation of that convention was in 1944 and was signed by 52 states which has started the operations from April 1947. It is regulated by United Nations specialized agency who promote the framework of such convention. It helps in regulating and controlling the international sir traffic which is normally belongs to controlling the Airspace and Aircraft registration, rights as well as safety (Dierikx, 2018). It will be beneficial to regulate and inspect the wants and requirements in an aviation industry. However, it has brought the freedom to each state and territory in terms of making the adequate implication of such articles and operation the aviation system. The fruitfulness of such reforms is that it exempt the fuel charges from taxes. Thus, it can be said that the aviation industries are not bound to pay taxes over the fuel consumed by the aircraft. However, the freedoms which are facilitated to such nation can be as follows:
It the right which has been facilitated to the aviation corporation that they can fly over a country without landing in there.
The right has been assigned to the aircraft and aviation entities that they can refuel the tank and have the repair of maintenance in the foreign country.
One can fly from own nation to another nation (Chicago Convention, 2016).
One and take-off from the foreign nation to the home country.
The aviation company has right to fly over 2 other country for having the lending and take-off from the home nation.
The aviation entity is benefited to take a fly from one foreign nation to another and have the lending in home nation.
They have right to fly over the foreign countries while not operating flights form such countries.
One can have flights from two or more airports while having the operational predicates from own nation.
The right is to have the flying operation in a foreign nation without operating in the home nation.
In order to develop the appropriate legal framework and operational rules and regulation there is need to have proper access and analysis through implicating the various articles. These are the articles which are being signed by the 52 states and it ensures the proper obey of such principles and applications of the convention. However, the 96 articles will be analysed as follows:
It can be said that there is right to have the sovereignty and ability to redesign the operations in every states in air space I its territory.
The protection of the national territory and resources such as territorial water will be adjacent as it has sovereignty, Mandate of protection and Suzerainty.
State and Civil Air crafts
1. The applicability of the convention only to civil aircraft.
2. The applicability of the state aircraft will come under military, costumes and police services.
3. There is need to have proper acceptance and approval from all the states on which the craft is flying which will be in the written agreement.
4. The right of civil aircraft to have due regards and regulatory execution of state authorities.
Misuse of Civil aviation authorities
It has been implicated that the state aviation is restricted for using the civil aviation in any terms or for any inconsistent purpose.
Non- scheduled flights
In relation with such flights and operations of the aviation entities in the contracting states does not have the right to modify and make changes in the flight schedule of the international flights. However, safety and security purposes they can have the changes in the schedules and in lending priorities.
Air service scheduling
One state cannot schedule the international flight in the territorial perspective. It can be scheduled and modified only if the special permission was granted to them by the authorities. They will have the changes in the flight schedules only if the right and permission to make changes facilitated to such states.
It has clearly been stated that no state has right to take passenger, employees of make any agreement within the national boundaries of the another nation. Therefore, to perform such kinds of operations one should have acquired the approval for making agreements.
Aircraft without pilot
It has been marked there that no aircraft has right to have flight without presence of any pilot. Therefore, it will be treated as the dangerous action of an aviation company to take-off a flight without any pilot.
1. It has the rights to the state to no perform the operational practices over such area which has some issues in relation with the military purpose. Therefore, the issue has been rises here with the consideration of public safety, security etc. However, such requirements has been stated in the contracts among the stated and may be on the alternative events which provokes the restriction of such territory.
2. It is a right which is awarded to the state to restrict the flying over such places which are having the issues during the emergency, public safety and effects of such state.
3. The right is to regulate the flight such stopping it before reaching the final destination. It will belong to the issues in 1 and 2 of the same article.
Custom airport lending
Aeroplane have permission to land across territory and shall depart from the same custom airport only which shall be published by State government. It has been permitted to them as they can cross the national territory of any state without landing in the such state while as if they land in the state than the civil aviation organisation will have authority to conduct the custom services.
The regulation states that arrival or departure of aircraft shall be applied to states indulge in contracting despite of distinction. The contracting state will have the adequate admission to the departure from its territory of aircraft which will be engaged in the international air navigation.
Applicability of Air rules
All aircraft flying shall be abide by the rules which are applicable to aeroplane whether flying in national territory or not. It is mandatory for all the aircraft aviation centre to have implication of the necessary laws and regulations specially the craft carrying in the nationality mark.
Regulations related to entry and clearance
The laws apply to entry, clearance, customs and other purpose shall be complied by passengers. It will be performed at the time of arrival and departure of a person from a state to another. These are the informations such as immigration, passport, customs etc. are need to be under observation of the passenger and the legal authority.
Necessary prevention from various diseases shall be taken with reference to sanitary measures. Mostly the diseases like cholera, typhus, yellow fever, smallpox, plague etc. are the communicable diseases which can be spread easily and affect the health of the group of individual sitting in the craft.
Charges including of airport
Various charges shall be imposed on account of facilities provided in air navigation.
1. If the aircraft is not able to perform the internal air services due to any engagement in other schedules than the national aircraft has to make arrangements for such schedules.
2. This is necessary for the national aircraft to make facilitate the adequate services to the international air services.
The authorities have the right to find aircraft without any delay whether on landing or departure.
Aircraft must have nationality of particular state registered in it.
Aeroplanes cannot be registered in one or more states, registration may be easily changed.
Registration may be made with reference to complying of national regulations on prior basis.
Aircraft should display marks with which it is legally registered while engaged in international navigation.
Report on registration
Contracting State is under liability to provide reports to ICAO on registrations made. Here each contracting state is needed to report the international civil aviation organisation under such regulations which are required to control the aircraft registration as well as air navigation services.
All measures should be taken so that no flight delays and to prevent delays to cargo should be made. These are necessary to manage the flight
Process of immigration and custom
Time to time procedures should be adopted with reference to custom and immigration affecting air navigation.
Provision related to custom duty
Free of custom duty should be applied on fuel, lubrication oils and other aircraft equipments.
a. There are several free duties which are need to be facilitated by the contracting states as per the arrival of the craft in the territory such as fuel, oil lubricants, regular equipments, spare parts etc.
b. Importing the equipments and spare parts from the contracting states which need to be free of cost and free from the custom duties.
Aircraft in discomfort
Proper and practical measures which are necessary should be permitted and provided by State authorities. It facilitates the adequate authority to the states in which they can be helpful to find the missing aircraft.
In the event of any accident or injuries occurred in aircraft, investigation enquiry needs to be set up by State authorities.
Exempting from takeover of claims of patents
No seizure of aircraft or any claim may be taken against operator or owner.
a. There has been exemption of parts, accessories, construction, mechanism, patents, models or designs etc.
b. State is bound to facilitate patented parts and equipments which are necessary for the repair of the aircraft.
c. The benefits of this article is only helpful to those states which are having the protection for the industrial property and laws to protect the inventions.
Standards and air navigation amenities
It is required to provide air navigation facilities and standard system of codes, markings etc.
a. Facilitating the meteorological services, air navigation facilities and various radio services which is need to be meet with the standard.
b. This is the most adequate and appropriate standard system of communication procedure, markings, signals, lightings, codes etc.
C. There is need to develop the collaboration which will be helpful in recommending the aviation industry on time to time basis.
Necessary documents in aircraft
Aircraft should carry out documents such as registration certificate or appropriate licenses.
A. The certificate of registration
B. Airworthiness certificates
C. Proper licensing of crew members
d. Log book of the trip
e. Licensing of radio station etc.
Radio equipments must be installed in aircraft and flight crew should use the same.
All aircraft registered under State must be imparted with certificate of airworthiness legally.
Pilot of the aircraft and other crew members should be provided with competency certificates and other licenses by concern State.
Licenses and certificates' recognition
The licenses and other certificates issued by the State authorities shall be recognised and equal or more than minimum standards.
Log books related to various journeys should be maintained and provided in aircraft indulge in air navigation.
Restriction on cargo
Restrictions on cargo should be imposed and prohibited from carrying cargo above territorial boundaries.
Restriction on Photographs
No photographs shall be taken and as such, prohibition shall be imposed on taking photographs in aircraft.
Complying with International standards
International standards should be adopted so that measures can be easily taken such as implementing standards of ICAO
a. Providing better communication system and ground marking
b. Managing the landing area
c. Rules of the air traffic control
d. Licensing of the mechanical personnel
e. Airworthiness for aircraft
f. Identification and proper registration of crafts.
Departure from international process
If any aircraft finds difficult to adopt standards of ICAO, then it shall immediate write letter in not complying with international standards to it.
Failing to adherence to abide by standards, licenses and certificates shall be endorsed or attach with airworthiness.
Validity of endorsements
Aircraft shall be restricted to participate in international navigations if licenses and certificates are endorsed.
Recognising existing standards
No applicability to aircraft of such type prior to three years of date should be submitted.
Recognising existing standards of personnel's competency
It is not applicable to personnel's whom license was issued prior to one year after adopting standard qualifications.
Composition and name of organisation
The name should be made up of Assembly, Council and named after ICAO international authority.
Encouraging development of airway sector, design and air navigation facilities and safety of international civil aviation to foster development.
a. To control the safety and growth of international civil aviation.
b. Designing the air craft design and peaceful operations.
c. Capital development such as airways, navigation services, airports etc.
Provision related to permanent seat
Final interim meeting of international authority should decide upon the permanent seat of company.
Interim council shall take first meeting when convention come into legal force at decided time and place.
Capacity of organisation
Organisation shall be provided legal capacity to enjoy juridical personality wherever, it can be applicable to the same.
Annual meetings shall be convened at decided time and place and moreover, equal rights shall be provided to Council
Power should be provided to assembly to elect officers and other matters and have the full right to adhere to.
1. Meetings with the president and relevant professionals
2. Analysing and implicating the appropriate actions as well as reporting to the council.
3. Voting based budgetary decisions.
4. Appropriate modifications of the amendments etc.
Council's composition and election
The council shall consist of twenty-one contracting States. After first meeting, next shall be held after three years.
President shall be elected by council for term of not more than three years. Again, he can be elected for continuing position.
Decisions taken by the council is required to approved by majority of members electing for the same.
Participating without having vote
Contracting State can participate without having vote. However, it is not applied where party is under dispute
Council has the function of submitting annual reports and carrying out liabilities imposed by the assembly. Air Navigation Commission shall also be established.
Permitted function of Council
It can carry out goals of Convention, formulate subordinate air transport commission and delegation of authorities of air commission.
Appointment and nomination of air navigation commission
The commission shall consist of twelve members from persons nominated by contracting States which are duly appointed by Council.
The commission has duties such as recommending Council for implementing Annexes, implementing technical sub-commissions and providing advice to Council.
Council has the right to appoint personnel's relating to method of appointing, termination, salaries and training etc.
Personnel's international character
Contracting State is under liability to respect international character of personnels and as such, not discharge their duties with regards to personnels.
Privileges and immunities should be provided to the personnels and Council and Secretary General are under duty to adhered to.
Budgets and Expenditures
Council has the responsibility to provide estimation of expenditures and receipts and annual budgets as well
Suspend from voting
When financial liabilities are not discharged by the organisation, Assembly has the right to suspend from voting
Contracting State should bear expenditures incurred on various representatives relating to travel, remuneration etc.
Arrangements for providing security
By voting in Assembly, world security arrangements shall be provided with any organisation to initiate peace
Arrangements with international authorities
Agreements can be entered with other international authorities to maintain services and for arranging services for personnel.
Functions of agreements
Functions are required to be carried out which are provided by International Air Services Transit Agreement.
Reports to Council
Council shall be provided traffic reports, statistics reports and final accounts by the contracting Council.
Routes and airports' designation
Routes are required to be designated which is required to abide by international air service in its territorial boundaries and same apply to airport.
Improving upon air navigation facilities
Improvement should be made if any radio or other facilities are not adequate for safety purpose and initiating economical services
Initiating finance for air navigation facilities
State is under liability to bear all expenditures incurred in such arrangements and recommendations shall also be provided. Contracting States shall bear expenses for financing purpose.
Provision and initiating facilities
Council may provide facilities if it is requested by the contracting State regarding maintenance of airports
Land can be provided to contracting State on requesting upon Council for carrying tasks effectively
Expenses and funds
The Council can assess requirement of capital funds over a particular time frame to contracting State. The council shall provide capital requirements to State.
Provision for technical assistance and using revenues
Funds shall be provided on the request of contracting State and other technical assistance shall also be imparted by Council.
Taking amenities from Council
Contracting State has the right to discharge liabilities and take airports and other amenities which are provided by Council.
Funds shall be returned to contracting State of any reimbursements and amortisation payments by the Council
Permission to joint organisations
No restriction should be made regarding operations of joint organisations but they should strictly adhere to rules.
Contracting State are granted permission to joint organisation to operate freely from any route
Provision for participating in organisations
State can participate in joint operating organisations through various ways. Companies may be owned by State, privately owned.
Conventions of Habana and Paris
Contracting State is required to give immediate notice to various authorities of Habana and Paris. The laws of air navigation for Habana and Paris shall be effective followed.
Registering existing agreements
It is required that contracting State should register existing agreements with Council while coming in force of this Convention.
Cancellation of inconsistent agreements
All the inconsistent agreements are required to be cancelled having inadequate terms and conditions.
Registering new arrangements
New arrangements are required to be registered having any inconsistent provisions of preceding article
Disputes shall be settled between two States. Council shall settle dispute between them so that operations may not be interrupted.
Procedure of Arbitration
Arbitration procedure can be adopted which is pending for appeal. Tribunal shall settle own arbitration procedure by imparting decisions on a majority vote
Decision of International Justice shall be final. The convention shall remain effective of stated by the Council and appeal shall be rejected if non-conforming from the provisions.
Penalty to Airline
Penalty may be imposed to airline on flying above territory. No operation of airline shall be made over other territorial boundaries and final decision shall be made by imposing penalty when non-conforming with convention.
Penalty to State
Voting power shall be suspended by Council in the assembly and any contracting States which is found in default stated in this convention.
War and emergency provisions
No provisions shall affects freedom of contracting States. Unchanged principles should be followed in any war or emergency conditions which announces emergency and shall be notified the same to Council.
Two third voting is required for amending Annexes. The amendment shall become effective within span of three months after depositing the same to contracting States. Moreover, council shall inform all contracting States of coming into force of such annex if any.
It can be ratified by Signatory States. The instruments must be deposited of ratification in archives of US government, thereby giving notice to signatory States. Convention when ratified must become effective from thirtieth day of after deposit from twenty-six instruments of same twenty-six States.
It is required and opened to adhere by United Nations. Such adherence must be effective only after notification provided to government of the United State of America and should came in force from thirtieth day of receipt of notification issued from the concerned government to all contracting States.
States can be admitted by approval of Council. Admission can be approved of other States by having at least four-fifth vote of assembly may be easily admitted carrying out any case even in present war by State is necessary to be adopted.
Two third votes are required to amend any regulation. The number should be at least more than two third of total number of contracting sales. If amendment is to make an opinion of justification of course, resolution can be passed for adopting the same for ratification purpose.
Notice can be provided after three years to government of USA. Denunciation should be effective only after getting receipt of notification within one year.
Air service means service provided by aircraft, airline means offering air services. “International air service” means it flies over more than one state. “Airline” means air business providing air services to passengers.
The laws affect airline management as it has to incur additional costs such as training to crew members. Moreover, management has to make sure that it is able to meet demand of customers. Decisions are affected of management as it have to comply with different laws. To regulate the air traffic as well as schedule the flight this is essentially required to have the influence of laws and legal regulations in the business operations. It helps in funnelling the state or civil aviation authority to follow all the necessary laws and regulation which is the internal issues and have to deal with the problems as they felt while operating the flights. It also ensures the internation security from unlawful acts such as terrorist attacks, left threatening diseases etc. as well as it also protects the rights of the state.
Hereby it can be concluded that aviation industry is affected by various provisions which are required by Chicago Convention. Moreover, ICAO provides guidelines which are to be followed by aviation industry.
Books and Journals
Dierikx, M. (2018). A History of International Civil Aviation. From its Origins through Transformative Evolution, by Alan P. Dobson: London and New York: Routledge, 2017, 135 pp.,£ 105.00 (hardback), ISBN: 978-1-13-874559-9.
Chicago Convention. 2016. [Online]. Available through :<https://www.skybrary.aero/index.php/Chicago_Convention>
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