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Air Law > Chicago convention > Flashcards

Chicago convention Flashcards

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1
Q

What year was the convention set?

A

1944

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2
Q

Purpose of the convention

A

Foster the future development of international civil aviation

create & preserve friendship and understanding between peoples of the world

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3
Q

How many countries attended the convention?

A

52 nations

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4
Q

What was the outcome of the convention?

A

CICA was formed: Convention of International Civil Aviation OR Chicago convention

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5
Q

Objective of the convention?

A

Don’t FAF around

Future: Foster the future development of Civil Aviation
Abuse: prevent its abuse becoming a threat to general security
Friendship: Create and preserve friendship and understanding amongst peoples of the world

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6
Q

What is the CICA document comprised of?

A

96 articles and 19 annexes

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7
Q

What is the outcome of the Convention?

A

Laid the foundation of modern Civial Aviation.
Formed ICAO - International Civil Aviation Organization

The 96 articles set the duties and responsiblities of the organizational components within ICAO

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8
Q

What is ICAO
International Civil Aviation Organisation

A

Formed based on Article 43 of the Convention

A UN Agency based in Montreal
193 member countries

Adminster the principles of the convention (the 19 annexes)

Develop, put in practice, and modify rules and recommendations and techniques of international air navigation

Foster planning and development of international air transport

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9
Q

state national laws

A

One of the key principles of the convention is that every state must create its own national legislation
* which puts into national law the standards laid by ICAO

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10
Q

What are the objectives of ICAO?

A

Development & Enhancements:
1. Encourage safety and growth of civil aviation world wide
2. Encourage aircraft design and operations for peaceful purposes
3. Encourage development of airports, air navigation facilities, airways
4. Promote safety of flights in international air navigation
5. Promote development of international civil aeronautics

People
1. Provide people with safe, efficient, timely, regular air transport

States Rights
1. Avoid economic waste due to unreasonable competition
2. Ensure the right of states is respected and that they have fair opportunity to operate own airlines
3. To not discriminate amongst states

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11
Q

Adoption & amendment of annexes

A

The adoption of annexes by the Council requires = 2/3 votes of council

Thereafter:
- Council submits proposal to states
- changes become effective 3 months after submission (unless a date is set) unless in the meantime the majority of states register their disapproval

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12
Q

amendment of Convention

A

The amendment of Convention by the Assembly requires = 2/3 votes of Assembly

Thereafter:
- Assembly decides on the min. # of states that must ratify the amendment.
- Usually not less than 2/3rd of contracting states
- Amendment comes to force to the states that have ratified the amendment

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13
Q

Denunciation of Convention

A

Any state can ‘leave’ the convention 3 years after the convention has come into effect

request must be addressed to the Government of USA

Will take 1 year to take effect after the notifiation is submitted

all contracting states are informed immediately.

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14
Q

The Council

A

Permanent body

Delegates:
* Delegates elected every 3 years
* 36 delegates from contracting states voted by the Assembly

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15
Q

The Air Navigation Commission

A

Delegates:

  • has a ‘president’ appointed by the council
  • 19 delegates nominated by states but appointed by the council
  • all must have aeronautical experience & qualifications
  • they create ‘sub-commissions’ to cover various areas of expertise

Duties to the council:
* Review annexes
* Propose modifications to SARPs
* provide information that is necessary to improve international air navigation

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16
Q

ICAO Assembly

A

Meet: every** 3 years**

They are called by:
- the council
- on the request of 1/5 of the contracting states

Voting
- Each state has right to be represented. –> gets 1 vote
- Decisions: based on Majority votes

17
Q

What is EASA

A

European Aviation Safety Authority
(An EU agency)

18
Q

When is EASA established and how many countries involved

A

2002

27 EU countries + 4 free trade association (norway, swizerland, iceland,lichtenstein)

19
Q

What is the role of EASA

A

Responsible for implementing safety rules in Aviation in EU

Each state must create its own national legislation which put into national law the standards laid by ICAO

EASA ensures and monitors the implementation of ICAO standards by member states

20
Q

What is NAA and their role

A

National Aviation Authority

The authority assigned by each member state responsible for implementing regulations

21
Q

Explain Hard Law

A

When an EASA rule becomes EU regulation (hard law), states must adopt the regulations into national laws implemented via NAA

EU regulation is found in EU Commission Regulation

22
Q

Soft Law and AMC/GM

A

ICAO regulations before they turn into EU state regulation and national law.

Found in Acceptable Means of Compliance Guidance Material, which explains the implementations of these regulations and how to apply them in practice

23
Q

How does EASA regulations affect pilots

A

F A A A T
C O T

Flight crew licenses
Aircraft certificates and maintenance
Aircraft Operations
Airt traffic management and airports
Training standards

24
Q

Where are the differences between ICAO and State regulation documented?

A

** MUST be documented in the GEN section of AIP (Aeronautical Information Publication)

25
Q

What is SARP

A

International air laws are containted in 19 annexes

THE 19 ANNEXES CONTAIN:
* Standards and Recommended Practices

Standards ( BINDING ):
* are expected to be incorporated in state’s national aviation laws

Recommended practices:
* are processes which states should ‘ideally’ adopt

these are like soft laws (not inforced)

they are detailed in the annexes and are revised and modified by ICAO.

The are treated as overarching framework for national legistlation adopted by each state

26
Q

What happens if a state deviates from SARP

A

State should notify ICAO within 60 days

ICAO publishes deviations in
* suppliments for the relevant annexes
* in AIP

27
Q

High Seas rules

A

First established by
Geneva convension on the High Seas
then updated in the UN Convention on the Laws of High Seass

High seas are goverend by ICAO rules

28
Q

EASA

A

European Aviation Safety Agent

  • aviation rule maker-
29
Q

EASA mission

A
  1. ensure highest common level of safety for EU citizens and environmental protection
  2. be a single regulatory body for certification processes
  3. facilitate internal aviation single market/create a playing field
  4. work with other aviation organizations an 3rd parties
  5. draft implementing rules and set common rules for operation within and into EU
  6. certify and approve products and organisations (airworthiness)
  7. provide oversight and support
  8. oversee 3rd country operators and ensure all flights into and within EU are within the convention remit
30
Q

laws

A
  1. EASA proposes Europea legislation to be approved by EU
  2. once approved, it is passed as Law
  3. The Aviation Authorities of each country must implement the legislation
31
Q

Basic Regulations

A

sets the legal basis of EASA itself

legal implementation of ICAO standards (with addditional rules over and above ICAO)

Defines:

  • EASA competencies
  • Scope of Aviation safety requirements

called: REGULATION (EU) 2018/1139 (For civil Aviation)

10 Annexes under the Basic Regulation:
1. Each annex has an Implement Rule

  1. EAch Implementing Rule is subdivided into annexes called ‘Parts’
  2. Parts might be divided into subparts
  3. subparts are accompanied by AMC/GM
32
Q

HARD LAWS

A

Hard laws must be followed by state

Regulations
Delegated acts
Implementing acts
Implementing rules

33
Q

Soft law

A

specifications and guidelines of how things should be done

certifications specifications (non biding tech specs)
AMC - acceptable means of compliance
GM - Guidance material

Air Law (21 decks)

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