INTERNATIONAL AVIATION LAW Flashcards
are a set of commercial aviation rights granting a country’s airlines the privilege to enter and land in another country’s airspace.
9 FREEDOMS OF THE AIR
They were formulated as a result of disagreements over the extent of aviation liberalization in the Convention on International Civil Aviation of 1944, known as the Chicago Convention.
9 FREEDOMS OF THE AIR
A COUNTRY GRANTING __ MAY IMPOSE FEES FOR THE PRIVILEGE. THE REASONABLENESS OF SUCH FEES HAS CAUSED CONTROVERSY AT TIMES. aircraft has the ability a lumipad sa territory ng ibang country without pick up and drop off air cargo
TRANSIT RIGHTS
THIS ALLOW COMMERCIAL INTERNATIONAL SERVICES BETWEEN, THROUGH AND IN SOME CASES WITHIN THE COUNTRIES THAT ARE PARTIES TO AIR SERVICES AGREEMENTS OR OTHER TREATIES.
TRAFFIC RIGHTS
The right to fly over a foreign country without landing.
FIRST FREEDOM
What example is this A flight from Canada to Mexico, flown by a Mexican airline, flying over the United States.
FIRST FREEDOM
The right to refuel or carry out maintenance in a foreign country without embarking or disembarking passengers or cargo.
SECOND FREEDOM
What example is this: A flight from the United Kingdom to the United States, flown by a British airline, refueling at an Irish airport.
SECOND FREEDOM
The right to fly from one’s own country to another country.
THIRD FREEDOM
i.e. A flight from New Zealand to Japan, flown by a New Zealand airline.
THIRD FREEDOM
The right to fly from another country to one’s own.
FOURTH FREEDOM
i.e. A flight from Chile to Brazil, flown by a Brazilian airline.
FOURTH FREEDOM
The right to fly between two foreign countries on a flight originating or ending in one’s own country.
FIFTH FREEDOM
i.e. A flight from Melbourne, Australia to Kuala Lumpur, Malaysia, with a stop in Denpasar, Indonesia, flown by a Malaysian airline. Passengers and cargo may travel between Melbourne and Denpasar, with no intention to continue on to Kuala Lumpur.
FIFTH FREEDOM
The right to fly from a foreign country to another while stopping in one’s own country for non-technical reasons.
SIXTH FREEDOM
The right to fly between two foreign countries, where the flights do not touch one’s own country.
SEVENTH FREEDOM
The right to fly inside a foreign country, having started from or continuing to one’s own country.
EIGHT FREEDOM
The right to fly within a foreign country without continuing to one’s own country.
NINETH FREEDOM
It all began in France with Joseph-Michel and Jacques-Etienne Montgolfier, sons of a wealthy paper-maker of Annonay.
1780
Who are the brothers noticed that bags, when held above an open fire, grew lighter and lifted into the air. They discovered that hot air did not leak through paper. They experimented with balloons of paper and manufactured larger balloons capable of lifting considerable weight.
Joseph-Michel and Jacques-Etienne Montgolfier
when was the the first manned flight In Château de la Muette in Paris, before a crowd of 100,000 spectators, in a paper- lined silk balloon designed by the Montgolfier brothers , scientist Jean-François Pilâtre de Rozier took off with fellow aviator Marquis d’Arlandes.
November 21, 1783
the French scientist of Charles’ Law fame. Accompanied by Nicolas-Louis Robert as co-pilot took off from the Jardin des Tuileries in Paris and travelled a distance of 36 kilometers before landing in the small town of Nesles-la-Vallée on December 1, 1783
Professor Jacques Alexandre Charles
Among the spectators is the late _____, The US ambassador to France asked by someone in the crowd ‘’ What’s the use of a balloon?’’ to which Franklin immediately replied: ‘What’s the use of a newborn baby?’ And this was certainly the birth of aviation.
Benjamin Franklin
when was the First Aerial Regulation? In less than four months, the first aerial regulation was promulgated. The Paris police introduce a law forbidding anyone to fly a balloon without a special license. This action created a link between aviation activities and regulatory standards that will continue and become the basis for all future aviation legislation.
April 23, 1784
Sometime later, again with the Parisian gendarmes, the Chief of Police of the Seine introduced regulations in _ requiring all balloon operations be equipped with a parachute.
1819
France and Germany Became increasingly concerned of the discharge of projectiles and explosives from balloons and of their use for covert operations. This led to the convening of the _____. High on the agenda were issues of national sovereignty and the seeking of resolutions proclaiming a state’s right to prohibit war and spying from balloons. Became increasingly concerned of the discharge of projectiles and explosives from balloons and of their use for covert operations.
first international aeronautical congress in Paris in 1889
the first international declaration relating to the prohibition of aerial warfare in balloons was signed.
Peace Conference of 1899 or The Hague
when was the Powered flight in Aircraft
2 July 1900
The first aircraft to attempt a controlled powered flight was in a non-rigid airship or dirigible – nowadays also referred to as a ___
blimp
The German Count ___ was responsible for what became known as the first ‘Zeppelin’ flight on 2 July 1900. Unfortunately, the flight lasted only 18 minutes due to a failure of the winding mechanism to balance the distribution of weight on board the aircraft.
Ferdinand Von Zeppelin
The next advancement in airship manoeuvrability was attributed to a pilot by the name of ___who effectively attach an internal combustion engine to his airship.
Alberto Santos-Dumont
Prestigious prize won by Alberto Santos-Dumont by successfully flying his airship named number 6 Over Paris from the Parc de Saint Cloud, around the Eiffel Tower and then finally returning to his departure point all that in under 30 minutes.
Deutsch de la Meurthe Prize
When was the freedom of the air
1901
At the turn of the twentieth century, a French academic lawyer by the name of ____ wrote a treatise entitled Le Domaine Aérien et le Régime Juridique des Aérostats. In his publication he argued that there should be a ‘freedom of the air’, that is, unrestricted freedom of travel for airships in the airspace over the territory of any other country.
Paul Fauchille
The Institute of International Law (Institut de Droit International) met in Brussels and considered a proposed convention on the regulation of aerial navigation drafted by Fauchille.
1902
Father of Aviation Law
Paul Fauchille
when was the Wright Brothers, Orville and Wilbur, were the first to successfully carry out a powered flight in a heavier-than-air aircraft. The historic flight, at Kitty Hawk, North Carolina, lasted just 12 seconds and spanned a mere 120 yards.
1903
Chief Justice of the Supreme Court of Connecticut, _____, wrote a treatise entitled Will Airships Change Our Laws? that states the publication highlighted the impact of airships on the legal framework of aviation, which is the issue of whether airships should have the right to fly over people’s property in 1909
Professor Simeon Baldwin
An increasing number of politicians and academics were becoming increasingly critical of Paul Fauchille’s concept of ‘freedom of the air’. The ____ in his publication ____ and England’s Professor____ in _____ strongly opposed the concept, so much so that Fauchille’s opponents came down heavily in favour of complete national sovereignty of airspace.
Dutch-born Johanna Nijeholt - Air Sovereignty (1910)
Harold Hazeltine - The Law of the Air (1911)
The first attempt at creating a set of rules and regulations for aviation on an international scale was initiated by the French government.This was in response to German balloons making frequent flights above French territory. it was reported that ‘at least ten German balloons crossed the frontier and landed in France carrying over twenty five aviators at least half of whom were German officers’
1910
Passed the _____ that states the power to close British airspace – including the English Channel – from all foreign aircraft when considered necessary.
Aerial Navigation Act 1911
When was the start of WW1
1914
Immediately following the War, the issue of sovereignty was finally resolved on an international basis. Once again, the nations of the world convened in Paris for the first major international conference on aviation which resulted in the drafting of the Convention Relating to the Regulation of Aerial Navigation, also know as the ____
Paris Convention.
This proclamation finally put to rest the debate, which had begun in the previous century, of whether the airspace was ‘free’ – as it is with the high seas – or whether it was ‘part’ of the subjacent state or territory.
1919
The first article of the Convention strictly specifies that states have complete and exclusive sovereignty over their own airspace in stating:
'’The High Contracting Parties recognize that every Power has complete and exclusive sovereignty over the air space above its territory’’
____ a highly esteemed expert on international aviation law, proclaimed:
‘In peacetime there can be no talk about absolute “freedom of the air” in view of the danger to the state from airships dropping objects, observing military installations and so on’
Franz von Liszt,
It was the ____ that also brought about a realization of both the importance of aviation and its potential danger to states and their citizens in threatening their sovereignty.
First World War
FUNDAMENTALS OF REGULATION
To create a truly effective aviation regulatory environment, it is suggested that three essential elements must exist, namely:
- Effective legislation
- Competent regulatory agencies
- A culture of compliance within the aviation industry
the regulatory framework, that is, the supporting legislation, must be clearly stated and structured so that it can achieve the statutory objectives intended by the state;
Effective legislation
there is a need for an effective and competent regulatory authority, and it is essential that properly trained, resourced and committed professionals are given the administrative tools by which they can affect the statutory objectives with which they have been entrusted;
Competent regulatory agencies
those who are regulated should be understanding and supportive of the regulatory process. This commitment requires more than just a preparedness to comply, but also a willingness to embrace common goals that a regulatory regime is designed to achieve.
A culture of compliance within the aviation industry:
The Convention on __ or __ as it is commonly referred to, essentially updated and replaced the Paris Convention.
International Civil Aviation of 1944, or the Chicago Convention
Today the Chicago Convention is by far the most prolifically adopted international treaty. More than __ sovereign states have ratified (made into domestic law) this convention and in so doing have agreed, under international aviation law, to be bound by the technical and operational standards developed by the ICAO as detailed in the 19 Annexes to the Convention.
192
established for the licensing of flight crew, air traffic controllers, flight operations officers, aeronautical station operators and aircraft maintenance personnel.
Annex 1: Personnel Licensing
A state having issued a license shall ensure that the privileges granted by that license are not exercised unless the holder maintains competency and meets the requirements for recent experience established by that state.
Annex 1: Personnel Licensing
Annex 2
Rules of the Air
The Convention provides for states to undertake and provide meteorological services to facilitate international navigation in accordance with the Annex. The regulatory material in the Annex is identical to the technical and other regulations issued and authorized by the World Meteorological Organization.
Annex 3: Meteorological Service for International Navigation
The Annex establishes detailed operational requirements for all charts concerned and specifies which charts shall be available, specifying aerodrome obstacle charts, precision approach terrain charts, en route charts, area charts, standard departure and arrival charts, instrument and visual approach charts and world aeronautical charts.
Annex 4: Aeronautical Charts
The standardized system of units in the Annex is based upon the International System of Units (SI) and other non- standard units necessary to support the safe operation of international aviation.
Annex 5: Units of Measurement tobe used in Air/Ground Operations
contains minimum standards required to ensure that civil aviation operations are carried out in a safe and consistent manner. It contains mandatory material on the responsibility of the operator to maintain operations manuals, the promulgation of performance limitations, maintenance procedures, crew training and the overall supervision and management of flight operations.
Annex 6: Operation of Aircraft
specifies the use and application of aircraft __ how they shall be selected, where they shall be positioned on the aircraft and the requirement for states to maintain a register listing certificates of registration.
Annex 7: Aircraft Nationality and Registration Marks
every aircraft shall be provided with a ___ issued or rendered valid by the state in which the aircraft is registered. The standards in ___ are broad specifications that state the objectives rather than provide a methodology or system of how the objectives shall be realized by individual states.
Certificate of Airworthiness Annex 8: Airworthiness of Aircraft
reduce the amount of paperwork required to handle and clear filters through ports of entry and focuses upon entry permits, customs procedures, etc.
Annex 9: Facilitation
comply with standards for the operation and maintenance of radio equipment, navigational facilities and radio frequencies.
Annex 10: Aeronautical Telecommunications
The standards are applicable to both manufacturers and users of technical facilities designed for ___, and the Annex also details how Aeronautical Information Services shall be provided and operated.
Annex 10: Aeronautical Telecommunications
establishment of airspace, units and services so that ____ are provided to aircraft in a uniform and consistent way
Annex 11: Air Traffic Services
determine how the airspace is organized, where and how the ___ shall be provided within that airspace, the communications requirements and the procedures to be adopted.
Annex 11: Air Traffic Services
all states shall provide Search and Rescue(SAR) services on a 24-hour basis. This required the establishment of a Rescue Coordination Centre (RCC), rescue units, and the responsibilities and functions of those units and the procedures to be adopted, whether provided by private or public organizations.
Annex 12: Search and Rescue
requires states to investigate any aircraft accident within such lawsthat may be permitted under procedures recommended by the ICAO. The Annex requires the state to take all reasonable measures to protect the evidence andmaintain the safe custody of the aircraft for the purposes of the investigation.
Annex 13: Aircraft Accident and Incident Investigation
provides states with guidance and instructions on the physical characteristics of airports and the technical services to be provided. The Annex prescribes in considerable detail the dimensions of runways, taxiways, strips, runway end safety areas and terminal areas, etc.
Annex 14: Aerodromes
All states are required under the Convention to provide and maintain an ___ the purpose of which is to collate, collect, edit and publish information concerning aviation operations in that state. This may be provided by a private or public agency, provided that the requirements of the Annex are properly met.
Annex 15: Aeronautical Information Services
deals with aircraft noise and engine emissions. It provides an international noise exposure unit for land use planning and establishes noise abatement procedures.
Annex 16: Environmental Protection
The Annex also requires that aircraft shall be noise certificated topredetermined levels as promulgated by the ICAO and that the noise certification granted by one state shall be recognized by another state.
Annex 16: Environmental Protection
- establish an organization, develop plans and implement procedures to meet security threats;
- establish a national security programme; designate an authority to be responsible for the security programme; and
- establish means of coordinating activities between the departments, agencies and other organizations concerned with aspects of the national security programme.
Annex 17: Security – Safeguarding International Civil Aviation against Acts of Unlawful Interference
They are derived to a large extent from the UN Committee of Expertson the Transport of Dangerous Goods and establish inspection, surveillance and enforcement procedures.
Annex 18: Safe Transport of Dangerous Goods by Air
When was the Annex 19 take effect after having been proposed at the Organization’s High- level Safety Conference in 2010.?
14 November 2013
The purpose of creating this Annex was to address safety risks associated with aviation in a proactive manner.
Annex 19: Safety Management
19 Annexes
ANNEX
1: Personnel Licensing
2: Rules of the Air
3: Meteorological Services for Air navigation
4: Aeronautical Charts
5: Units of Measurement for ground and air operation
6: Operation of Aircraft
7: Aircraft Nationality and Registration Marks
8: Airworthiness of Aircraft
9: Facilitation
10: Aeronautical Telecommunication
11: Air Traffic Services
12: Search and Rescue
13: Aircraft Accident and Incident Investigation
14: Aerodrome
15: Aeronautical Information Services
16: Environmental Protection
17: Security - Safeguarding International Civil Aviation Against Act of Unlawful interference
18: The safe transport of dangerous goods by air
19: Safety Management
