AIR SPACE/AIR LAW Flashcards
By which legal frameworks is the air space regulated?
- UNCLOS
- Chicago Convention of 1944
- Tokyo Convention of 1963
- The Hague Convention of 1970
- Montreal Convention of 1971
- Other European Regulations
According to UNCLOS (Art. 34), and regarding arispace, does the regime of passage (water or air) threats the sovereignty of the bordering State?
No it doesnt threat it.
The regime of passage through straits used for international navigation established in this Part shall not affect the legal status of the waters forming such straits or the exercise by the States bordering the straits of their sovereignty or jurisdiction over such waters and their air space, bed and subsoil.
According to UNCLOS (Art. 49), does the archipelagic State enjoy sovereignty in the airspace of its archipelagic waters?
Yes
What is the key concept of the Chicago Convention (1944)?
States enjoy sovereignty in the airspace above its territories.
To what do States compromise by the Chicago Convention (1944)?
To respect the right of aircrafts from the contracting States to fly into or over their airspace without permission, even if that requires technical stops.
What key organization is created by the Chicago Convention (1944)?
The International Civil Aviation Organization
To what does the Tokyo Convention (1963) apply?
To offences against the penal law committed within an aircraft during the time of the flight.
According to the Tokyo Convention (1963), when does a flight start and end?
It starts in the moment when power is on for the purpose of take off. It ends when the landing run finishes.
What State is responsible to prosecute crimes and offences committed on board?
According to the Tokyo Convention, the State where the aircraft is registered is in charge of taking legal action.
What is the main focus of The Hague Convention (1970)?
Aircraft Hijacking
What does The Hague Convention (1970) establish?
Either extradition or guaranteed prosecution, plus an environment of cooperation between signing States
According to the Montreal Convention (1971), when does the flight start and end?
It starts when the external doors are closed after embarkation and finishes when they are open for disembarkation.
At the European level, what aircraft regulations do we have?
- The European Civil Aviation Handbook
- The Single European Space
What are the main organizations regulating airspace law?
- International Civil Aviation Organization
- International Air Transportation Association (private)
- European Union Aviation Safety Agency
