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This article is penned by Shubhangi Upmanya, a first-year student of Vivekananda Institute of professional studies, Indraprastha University. In it, she has discussed the rules and regulations concerning international civil aviation with special reference to the Chicago Convention.

Introduction

With more advancements in the field of international civil aviation, new and strong friendships and understanding between the different nations all over the world will certainly be built but as everything has both – pros and cons, this field has cons too. This evolution has brought new challenges to be faced along with the commendable progress. These challenges could emerge out as a result of the abuse of such aviation activities that in exchange could lead to threatening the general security of the world at large.

To pursue the aim of providing equal opportunities to every country in the field of international civil aviation by using the services economically and orderly, the different countries became the signatories to the Chicago Convention of 1944.

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In this article, we will discuss the rules under which civil aviation operates under the Chicago Convention.

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The Chicago Convention 1944

The convention on international civil aviation was concluded in Chicago on 7th December 1944. Fifty-two countries signed this document and the International Civil Aviation organization was established for regulating air travel activities. 

Let us now have a look at the different features of this document.

Sovereignty and territory

The document recognizes every state as equally eligible to carry out aviation activities over the space encompassing its territorial area. The territorial area for the reference would be the land areas and the waters adjacent to that land. 

Such territorial limits are prescribed to mark the area to be in control of that State whose territory it is.

Difference between civil and state aircraft

State aircraft are the ones that are used in the service related to police, military or customs. Apart from the aircraft used for the above-mentioned purpose are known as civil aircraft.

Now, this convention is only applicable to the civil aircraft and the civil aircraft can only fly over the territory of different countries but the state aircraft are not allowed to do so unless it is authorized by some special agreement.

Furthermore, in such an agreement, it should be made certain by the state of whose state aircraft it is that the necessary arrangements have been made to ensure safety while navigating the state aircraft.

The purpose of the use of civil aviation should not be inconsistent with the provisions made hereto.

Basic information

  • The aircraft of the state has to be registered within its nationality.
  • The aircraft can not be registered in more than one state but in one state at a time. It means it can be transferred from one state to another.
  • Such transfer procedure will be according to the rules of the contracting state, whose nationality the aircraft is going to hold.
  • It should have prominent nationality marks and symbols on it.
  • The state whose nationality the aircraft holds will be one responsible for all its activities.
  • Every contracting state will have to inform the other contracting states or the International Civil Aviation Organization about the information regarding the registration and the ownership of the aircraft if they demand so.

Rights of Scheduled and Non-scheduled flight

If we talk about the rights concerning the non-scheduled flights, each state signatory to it has the right to make non-scheduled stops in or into transit without prior permission and also no permission is required to make stops for non – traffic purposes. 

Despite it, the states have the right to have the aircraft in situations where it is to be flown in the areas which are not accessible or lacks proper air navigation facilities which are necessary to adhere to the prescribed routes.

If in case, other than scheduled international air services, the aircraft involves passengers, cargo, or mail for remuneration or for the purpose of hire, then the state can discharge the passengers, cargo or mail according to its rules and such a thing will be subjected to Article 7 of this convention.

Now let us have a look at Article 7. It says that each state reserves a right to not give permission to the aircraft carrying passengers, cargo or mail. Also, no states by any kind of arrangements should obtain or make such privilege.

Whereas in the case of scheduled flights, special authorization is needed and according to those terms the scheduled flights will be operated over the territory of that contracting state.

In some cases, there can be a need to operate a pilotless aircraft over the territory and in such cases also special permission is necessary to be taken.

Prohibited areas

In some cases concerned with the military, the aircraft can be banned from operating over some specific areas but such restrictions should be the same for different aircraft of different contracting states operating under similar conditions.

The areas prohibited under these conditions should be reasonably acceptable and should be restricted to some extent so that it does not interfere with the normal course of air navigation.

The notice regarding the prohibition should be soon and duly communicated to other states of the organization.

Each state can impose such restrictions only under exceptional circumstances, during a period of emergency or, for public safety.

Landing and departure

If there exists no such permission that allows the international aircraft to cross the territory of the contracting state without even landing, the international aircraft should land and depart from the point designated. The information regarding landing and departure should be given to the countries of the organization. The rules concerning the departure and landing should be according to the contracting state on whose territory the aircraft will land and depart from. 

Such rules should not be biased on the basis of nationality.

Every country sending its aircraft should make sure that it follows the rules and regulations of this convention and that the punishment should be provided to those who violate such laws.

Prevention of the disease spread

Nowadays, the disease “Covid-19” has been declared an epidemic disease and in such cases, the contracting state should, by all means, ensure that through air navigations, communicable diseases like cholera, smallpox, plague, typhus (epidemic) and yellow fever should not be spread. This could be done by taking into consideration the different organizations responsible for ensuring adequate sanitary conditions in the aircraft. Herein, in the case of corona disease, the Ministry of Health and Family Welfare acts as such an organization.

  • Services of aircraft like radio and meteorological service are open to all the states contracting for the expedition of air navigation and for observing safety. Furthermore, the charges imposed for using airports should be well communicated to other contracting states.
  • The contracting states can freely search the aircraft landed in their state as well as the documents for such navigation can be inspected by the authorities of the concerned state.

Collaboration in air navigation

Now, it is necessary to let the air navigation operations take place smoothly and this can be made possible by the cooperation that the contracting states give to each other. The states in order to make certain that the state to whom the aircraft belongs does it with ease and boost up its operation should provide backing to the respected state.

According to this Convention, the contracting state in order to facilitate and fasten up the operation should take every possible measure so that there are no delays to the aircraft and the passengers in it.

Necessarily, no hindrance should be projected to the laws concerning immigration, customs, quarantine, and clearance. Furthermore, the related procedures concerning customs and immigration should be made by states according to the practice which is prevalent in international air navigation.

Customs duty 

Let us talk about the customs duty which has to be imposed. So, every state has its own regulating customs, therefore according to that the aircraft of a different state arriving in a state should be admitted free of duty. Also, onboard elements like fuel, lubricants, spare parts, other mandatory equipment, and aircraft stores will also on arriving on the territory of another state, be exempted from any kind of customs duty.

In case, any spare parts or equipment are imported to be used in any aircraft involved in the international air navigation, no duty should be imposed on it.

Distress management

There could be times when the aircraft landing on a different state’s territory finds itself in some kind of distress that may demand assistance. So, this convention has provided rules for it which says, the state on whose territory the aircraft has landed should under his authorities make sure that all measures are taken and assistance is provided to help the aircraft if found in any kind of problems or distress.

If any aircraft goes missing then the states should under every possible extent, provide for collaboration under the rules made pursuant to this convention. 

Investigating accidents

Accidents are the possible outcomes of any operation taking place, so this convention does give us the rules that have to be followed under the same circumstances.

If any kind of accident amounting to death and injury takes place, or any kind of technical error occurs, the state on whose territory the accident has taken place has the right to investigate into that accident under the rules of the International Civil Aviation Organization.

Also, the contracting state who owns the aircraft has the opportunity to appoint some observers and send them to the site of investigation and also the investigating state has to send reports and information about the matter to the owner state.

Detention or seizure

For an illustration, if any contracting state’s aircraft is detained or seized by another contracting state while flying over its territory for some patent issue, the seizure will not be permitted. Under this convention, the contracting state has no right for seizure or detention of the aircraft flying with or without landing, on the grounds concerning any issue related to construction, mechanical process, aircraft’s parts, and accessories, infringement of any patent, or model and design.

Facilities and standard systems

This convention provides for some rules regarding facilities that have to be adhered to by all contracting states. These facilities include:

  • Constructing airports and air navigation services.
  • Providing radio and meteorological services.
  • Standard system used for lighting, communication, codes, etc.
  • Aeronautics charts and maps.
  • License to all the crew members.

Apart from this, the aircraft should have a radio transmitting apparatus only if the license to install such apparatus is provided. The apparatus should only be used by the crew persons who hold a proper license for such activities.

Also, every aircraft has to stand the test of airworthiness by achieving a certificate regarding it. Along with it, the crew members should have a competency certificate and proper license provided by competent authorities. The competency certificate should be issued only by the state which owns the aircraft and that the owner state’s authorization will only be valid and accepted by the other contracting states. Apart from it, the journey logbooks have to be maintained from time to time and the states can ban any photographic apparatus on board in the aircraft.

Considering the war munitions like cargo, the carrying out operations of which above the territory of another state is completely banned. This is until the state has given permission to the owner state to fly it considering every sort of information relevancy and rules. The permission should be granted without making any kind of bias regarding nationality.

International standards and practices

  • All the standards laid down, procedures and regulations made regarding the air facility and auxiliary services should be uniform in all aspects to strengthen and improve the air navigation services and to bring uniformity.
  • There will be international standards made, so if any contracting states want to bring in a change in its own practices that differ from the international standard, it should immediately inform the International Civil Aviation Organization.

Let us see what matters have to be taken care of:

  1. Communications channels and air navigation aids like ground marking; 
  2. Information regarding the airports in each state and landing areas therein;
  3. Regulations and rules of the air traffic control;
  4. Providing license to the operating and mechanical crew;
  5. Aircraft’s airworthiness and the identification marks;
  6. Registration of aircraft;
  7. Collecting and exchanging the meteorological Information;
  8. Logbooks, aeronautical charts, and maps;
  9. Customs and immigration procedures;
  10. Knowledge regarding the aircraft in distress and complete report of the investigation of accidents.

Now, if these standards are not met, the aircraft should endorse the details of the fail and its cause on the airworthiness certificate. In case of personnel who have failed to perform his duties properly, the same that is the details of the fail including its causes should be attached to the certificate of license.

The personnel and the aircraft which has the certificate of details of the fail attached, will not be able to operate until the state on whose territory they are going to enter, gives the permission that is, it is at the discretion of the state.

International Civil Aviation Organization

The organization is made by convention and composed of:

  • An Assembly;
  • A Council;
  • Other bodies may deem to be necessary.

Objectives

The objectives of the organization are:

  • To make certain, the safety and growth of international civil aviation; 
  • To promote the arts of aircraft design;
  • To encourage the operations to take place for peaceful purposes; 
  • To promote the development and maintenance of airways, airports, and air navigation facilities; 
  • To bring out safe, regular, efficient and economical air transport for the people; 
  • To eradicate any kind of economic waste due to unreasonable competition; 
  • To respect the rights of contracting State;
  • To make sure that every contracting State has been given a fair opportunity to operate international airlines without any discrimination; 
  • Eradicate discrimination between contracting States, if any; 
  • To make the safety of flight in international air navigation as a priority; 
  • To encourage by all means the development of all ends of international civil aviation.

The seat of the International Civil Aviation Organization

According to the Convention, the seat of the organization will be at a place that will be decided by the interim assembly of the provisional international organization. Right now, the headquarters of the  International Civil Aviation Organization is in Montreal, Canada.

The seat can be temporarily transferred anywhere else too but only after the decision of the Council of the Organization.

The Interim council will address the First meeting and will inform the organization about the time at which the next meeting will be held.

For the purpose of Air Navigation, each contracting state will enjoy certain legal capacity. This legal capacity will be based on the drafted rules of the organization. At times complete legal operations capacity can be granted as per the provisions relevant and compatible with the laws of the contracting states.

All the concerned authorities, the president, the Secretary-General and other personnel will not take orders or attend to responsibilities received from any other authority other than this organization. The responsibilities received by the contracting states will reserve the character of the responsibilities as an international one and will not distinguish on the basis of nationality.

Let us now, in detail look at the components of this organization. 

The immunities and privileges should be accorded to the president, the Secretary-General and other personnel of this organization, according to the privileges and immunities granted to the other authorities of the same natured organization, that is the other public international organizations.

The Assembly

  • The assembly will meet on an annual basis upon being convened by the council. In cases of emergency, if 10 contracting states call upon the assembly, the meetings can be held.
  • All the delegates representing the contracting states will have full rights to participate in and give their one vote. They can also bring technical expertise but they will have no vote.
  • All the decisions of the assembly will be taken up by a majority vote that is necessary to constitute a quorum.

Its  Functions

  • To elect the president to preside over in every meeting.
  • To elect the contracting states to represent in the council.
  • To decide upon the matters which may be referred to the assembly.
  • Evaluate the reports submitted.
  • Lay down rules and procedures to be followed.
  • Arrange for financial resources and make annual budgets.
  • Allocate powers and functions to the relevant authorities.
  • Look into the proposals and amendments by the contracting states.

The Council

  • As already mentioned, the assembly will elect the members to be represented in the council, so one of the functions of the council will be to represent itself in the organization. In total, there will be 21 contracting states in the council. 
  • The election will take place every three years, starting from the very first session of the assembly. 
  • No bias should be done in the carrying out of such activities but adequate representation has to be given to the contracting states who represent major geographic areas involved in air navigation also whose contribution in the field of air navigation is the most. Though, such representation should be made on the basis of the share of navigation operations and the financial offerings.
  • The president will be elected by the council for three years and his vote will not be counted. The president functions include: convening the meetings, carrying out the functions of the council on its behalf, and representing the council.
  • The council’s decision will only be approved if it is passed by the majority of the contracting members. And if the decision is referred to the committee set up, the decision can be appealed by the other contracting members.

Its Functions

  • To submit the annual reports to the assembly from time to time.
  • To follow the directions of the assembly.
  • To discharge the functions and obligations delegated by the assembly.
  • The Air transport Committee will be appointed among the representatives of the council and their duties will be allotted by the council itself.
  • It will decide upon the emolument to be given to the president.
  • To appoint a Chief Executive Officer who will be designated as the Secretary-General.
  • Will administer the functions delegated by the assembly.
  • Gather, analyze and work upon the information related to air navigation operations. The information to work on will include – every expenditure occurred and the payments are given to carry forward these activities.
  • If any kind of failure is caused, the council should immediately report it to the other contracting states. This failure includes the delay in taking any action after the notice of infraction, the failure to follow any directions or recommendations.
  • The council will adopt some standards and procedures to be followed by the organization.
  • The council may if a need is felt appoint a subcommittee on air navigation on a regional basis. Further, the council may delegate the duties to this commission along with some other duties mentioned in the convention.
  • The council may from time to time do research in every aspect of the air navigation operations and may submit reports on such a result to the contracting states. Also, act efficiently to communicate the exchange of the information based on the research among the contracting states.
  • To study every condition and situation affecting the operations of air navigation and the plans of the assembly.
  • The council has every right to investigate the situations where there is a chance of hindrance causing the operations and the ongoing plans to be terminated at undesirable ends.

If there are no such provisions made in the Convention or no ruling passed by the assembly, the council will adopt the measures for appointment or termination and the salary and allowances of the personnel and the Secretary-General.

Air Navigation Commission

The state will be composed of twelve members in total which will be decided by the contracting states that are among the members that will be nominated. The members will have to be well experienced in the field of science and aeronautics.

The president of the Air Navigation Commission is appointed by the council whereas the commission will ask for the nominations to the contracting states. 

Its functions

  • It will pass recommendations to the council for making any amendments to the convention or adding any new annexes.
  • It may form a technical subcommission to assist.
  • To advise the council for the plans, measures, rules, and regulations made in the interests of growth in air navigation.

Other points to be noted

  • Where the council will produce the annual financial statements of budgets and expenditure, the assembly will by a majority of votes, bring modification or amendment to it if it feels so. 
  • The assembly can suspend the voting power of any of the contracting states in the assembly as well as in the council if they fail to perform their duties properly.
  • The expenses of traveling and those incurred to make the representation in the council will be bored by the particular contracting states whose delegation it is.
  • Every kind of security arrangement should be arranged for and for such purpose or for the advancement of the air navigation field the organization can reach out to the other organizations.
  • More agreements made in Chicago in the year 1944 were the International Air Services Transit Agreement and the International Air Transport Agreement. And, if any duties are given by these agreements to be performed by the organization, the organization is bound to perform such duties.
  • Whereas the members who are not a signatory to these two mentioned agreements will have no right to vote on such matters concerning these agreements.

International Air Transport

We will now be learning about the rules under which the international airlines will function.

  • The international airlines will have to give annual reports and financial statements i.e. the cost incurred from time to time.
  • The contracting states will have to specify the routes that may be used by the international airlines within the territory of the contracting state.
  • The services like radio and meteorological as well as the routes should be safe, efficient and economical, so to make sure that the council on finding that any of these not being met by the contracting states may try to find remedies and consult the state for this.
  • Note: if the contracting states do not comply with the recommendations passed by the council, it will not be liable for an infraction.
  • The state if it does not elect to bear the cost of the financing of the recommendation, the council will itself bear all the cost for the financing.

Conclusion

The field of air navigation is evolving, wherein, the different countries are coming forward with new technologies to contribute to international civil aviation. In today’s time aviation has been the desirable means of transport and the need to enhance it is the constant want. Every country wants to excel in it, therefore the rules and regulations like the Chicago Convention are the means to protect the interest of the different countries.  

Organizations like the International Civil Aviation Organization is the organ which strives to bring in growth and development in this field. The utmost want is the safety and security of the people and the contracting states to the conventions which this organization with its Chicago Convention brought into force.

References

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