Chapter 2 - Aviation Law Flashcards
Chicago Convention
Convention on International Civil Aviation Organisation (ICAO)
- 1944, 52 States, Created 19 Annexes
- Standards are Laws
- Recommended as said
- Created ICAO to administer and execute SARPs
Sovereignty
The right of a country to impose the national law to the users of the states territorial airspace
Suzerainty
The acceptance by a state of the rules agreed at the international conventions, even if there is no need for the state to adopt these rules
Scheduled Flights
Agreement between two states;
- how many flights within a period
- what aerodromes are to be used
- time of day or night
- any reciprocal arrangements
- states not obliged to grant permission
- states cannot refuse a scheduled flight for political reasons
Cabotage
Is the transport of goods or passengers between two points in the same country by a vessel or aircraft registered in another state
- most countries refuse cabotage
- BUT cannot refuse cabotage to an EEC state (European Economical Community)
Customs and Immigration
All international flights must make the first landing at an international airport which provides customs, health and immigration facilities (Not applicable to EU states)
International Obligations and Contracted State
A contracted state does not have to adopt a SARP as long as it informs ICAO and publishes the difference in the National AIP
Search and Rescue
- Ensure the service is available on a 24 hour basis
- Provide S&R procedures and facilities within their territory
- Cooperation with an adjacent state/territory
- Ensure the areas do not overlap
- Be ready to assist other states in S&R aoperations
Photographic Apparatus
States are able to prohibit or regulate the use of photographic apparatus in an aircraft over their territory
SARPS
SARPS are finalised by the ICAO air navigations committee and submitted to the council for adoption
ICAO
- Meet the need for safe, regular and efficient air transport
- Ensure the safe and orderly growth of international civil aviation throughout the world
- Develop principles and techniques for international civil aviation
Organisation of ICAO
- Sovereign Body - The Assembly
- The Governing Body - The council (33 members)
- The committees and commissions
- The Secretariat
Air Navigation Commission
- Purposes
- formulates
- Finalises SARPS
- Presents them to the council for adoption
Regional Structures
- 7 regional offices
- 9 regions
Procedures of the air (PANS)
A PANS is an explanation of a complex SARPS
Freedoms of the air
- CROSS
- LAND
- TAKE
- BRING
- 3rd STATE
Convention of TOKYO
- The state of jurisdiction has authority over offences committed onboard the aircraft
- deals with penal law and powers of the captain
Hague and Montreal convention
HAGUE - Unlawful interference/seizure
MONTREAL - Suppresion of unlawful acts against the safety of civil aviation (At airports)
Warsaw Convention
Responsibilities and liabilities of the carrier/agent
- compensation of passengers for injury or loss of life and delays or lost baggage
- the issuing of a passenger ticket, luggage ticket, or consignment note
- forms a contract between the two parties
- not affected by loss of ticket
Rome convention
Liability of the operator for damage caused by foreign aircraft to 3rd parties on the ground
International Air Transport Association (IATA)
- global trade organisation
- seeks to improve understanding between decision makers and the industry
- challenges unreasonable rules/charges/laws
- strives for sensible legislation
European Civil Aviation Conference (ECAC)
Responsible for common Civil Aviation policy across Europe
European Aviation Safety Agency (EASA)
- mission statement “to produce rules and regulations to promote the highest common standards of Civil Aviation safety and environmental protection in Europe and worldwide”
Single European sky
- This single agreement between European states was published with objective being;
- the provision of air navigation services in the single European sky
- to establish common requirements for the safe and efficient provision of air navigation services in the community
