Basis of international Legislation (19-07-18) Flashcards
How many delegates attended the chicago convention?
52
What was the purpose of the chicago convention?
Foster the future development of international civil aviation, to help to create and preserve friendship and understanding amongst the peoples of the world, so as to prevent its abuse becoming a threat to the general security.
How many articles were created from the chicago convention, and what did they lay the foundations for?
96
ICAO
What are the 3 types of international law?
Public international law
Private international law
Supranational law
What is public international law?
law which refers to the process that binds states to agreements
What is private international law?
law that concerns conventions in which states agree on where an individuals case can be heard, and how law will apply to it.
What is Supranational law?
Law which is imposed with legal force by a higher body, on one or more states.
What is sovereignty?
The right of each state to impose its national law on users of its airspace.
What is territory?
The airspace over and withing a states territorial borders. it has no vertical limit.
What are the high seas?
Areas beyond teritorial waters in which all ships and over which all A/C are allowed to pass unhindered.
What rules are in force over the high seas?
ICAO rules
How many annexes are in the chicago convention, and what do thay outline?
19
SARPS covering all aspects of aviation
What 2 agreements are produced in the chicago convention?
the international air services transit agreement
the internatoinal air transport agreement
What is the purpose of the 96 articles of the chicago convention?
establish the privileges and restrictions of all contracting states
provide for the adoption of international SARPS regulating air navigation
recommend the installation of navigation facilities by contracting states
and suggest the facilitation of air transport by the reduction of customs and immigration formalities.
What was the purpose of article 43 of the chicago convention?
to authorise the formation of ICAO
Where are the headquarters of ICAO?
Montreal, Canada
What does the ICAO comprise of?
An assembly, a council and a secretariat.
With chief officers being the president of the council and the secretary general
How often is the president of the council of ICAO elected?
every 3 years
How often does the assembly of ICAO meet?
at least every 3 years
What makes up the assembly of ICAO?
a representative from all contracting states
How is the council of ICAO decided?
it is elected by the assembly for a 3 year term.
What makes up the council of ICAO?
36 elected delegates.
What is the function of the council of ICAO?
submit annual reports to the assembly
carry out the directions of the assembly and discharge duties and obligations which are laid on it by this convention
establish an Air Navigation Commission
Appoint the secretary general
consider SARPS and PANS recommended by the ANC
What makes up the Air Navigation Commission?
15 members appointed by the ICAO council
What is the purpose of the Air Navigation Commission?
to finalise and approve SARPS
What are the 5 divisions of the secretariat of ICAO?
The Air Navigation Bureau
The Air Transport Bureau
The Technical Co-operation Buraeu
The Legal Buraeu
The Buraeu of Administration and Services
What are the nine geographical regions of ICAO?
European - EUR
Middle East - MID
Asia - ASIA
African Indian Ocean - AFI
South America - SAM
North America - NAM
South Pacific - PAC
Caribbean - CAR
North Atlantic - NAT
What are the 7 regional offices of ICAO?
Bangkok
Mexico City
Cairo
Nairobi
Dakar
Paris
Lima
What are the 7 regional offices of ICAO responsible for?
keeping regional plans up to date
What is a standard?
something all member states are expected to incorporate into their aviation law.
What is a recommended practise?
procedures which states are recommended to adopt (but dont have to)
How quickly must the council of ICAO be notified if a state deviates from SARPs?
within 60 days
The deviations must also be published in the states AIP
What freedoms are involved with the international air services transit agreement?
1st and 2nd
(technical freedoms)
What freedoms are involved with the international air transport agreement?
3rd 4th and 5th
(commercial freedoms)
What is the first freedom of the air?
the right of A/C from state A to overfly state B without landing
What is the second freedom of the air?
The right of A/C from state A to land in state B for technical reasons
What is the third freedom of the air?
The right of A/C from state A to accept paying traffic from State A and put it down in state B
What is the fourth freedom of the air?
the right of A/C from state A to pick up paying traffic in state B and put it down in state A
What is the fifth freedom of the air?
the right of A/C from state A to take paying traffic from state B to state C
What is cabotage?
the transport of passengers and goods by state A within state B
When was the European Civil Aviation Conference founded?
1955
What was the purpose of ECAC?
to drive the formulation of aviation policy for all EU member states
What was the purpose of the JAA?
to implement standards for large A/C and engine certification to meet the needs of the european industry.
What are JARs?
Joint Aviation Regulations - regulatory documents published by the JAA
What is the mission of EASA?
to promote the higest common standards of civil aviation safety and environmental protection in Europe and worldwide
When was Eurocontrol founded?
1960
What is the purpose of eurocontrol?
to act as ATC in upper airspace regions of member states
expanded in 1986 to include Air Traffic Flow Management in Europe
(carried out by the European Central Flow Management Unit (CFMU))
Where is the ATCC of eurocontrol located?
Maastricht
What is IATA?
International Air Transport Association
a global trade organisation for the aviation industry
founded in 1945
