Chapter 1 Flashcards
Aviation Law and Legislation
When and what was the Paris Convention?
1919
The first international meeting of aviation oriented
General principles of aviation law and aviation procedures were agreed and adopted
What was the significance of the Chicago Convention and when did it take place?
It provided a moral obligation for contracting nations/states to provide safe and efficient ground and flight organisations in their territories
1944
What is the ICAO and when was it formed?
The International Civil Aviation Organisation promotes aviation standards and recommended practices internationally.
It is based in Montreal, Canada
Formed in 1947
When referring to ‘Articles’ in aviation law, what is meant?
These are the broad principles of the ICAO as laid down by the Chicago Convention
Where are the articles of of the ICAO laid down?
In a document known as DOC 7300
Who is responsible for implementing DOC 7300?
The contracting state
What are the airspace boundaries of a contracting state’s sovereignty?
It has complete and exclusive sovereignty over the airspace above its territory
What constitutes a state’s territory?
The land and territorial waters over which it has sovereignty
What is meant by Article 4 - Misuse of civil aviation?
Each state agrees not to use civil aviation for any purpose contrary to the aims of the Convention
What is meant by Article 5 - Right of non-scheduled flight?
Each state must allow aircraft from all other states to fly into or through its airspace or to land without prior permission.
Scheduled international flights are the exception
In remote areas or those with inadequate navigation facilities, prescribed routes or prior permission may then be necessary
When may an international flight not have to land at a customs airport?
If it has prior permission to cross the territory without landing
Who does a state have a duty to enforce an obedience of air rules upon?
Any aircraft operating within its territory or carrying its nationality mark
What are a state’s right of search?
They have the right to search any aircraft or inspect documents when arriving in or departing from its state
How is an aircraft’s nationality decided?
It is assigned by the state in which it’s registered
What are the rules regarding dual registration for an aircraft?
It may not be registered in more than one state, though it may be changed from one to another
What is outlined by Article 22 - Facilitation of formalities?
That it is a state’s duty to facilitate flights between territories and prevent unnecessary delays, particularly in relation to customer, immigration and quarantine