INTERNATIONAL AIR LAWS PHILIPPINES REVIEWER

INTERNATIONAL AIR LAWS

1. AIR LAWS AND REGULATIONS – INTERNATIONAL
book reference 01 oxford
HISTORICAL BACKGROUND
FIRST FLIGHT
December 17, 1903
Wright Brothers
Lasted for 12 seconds
FIRST INTERNATIONAL CONFERENCE ON CIVIL AVIATION
Paris, 1919
Chicago Convention
55 countries invited
52 countries attended
WORLD WAR II
Created great acceleration
WWII condensed 25 years of aeronautical development
into just 6 years
Wartime innovations laid the foundation for the post-war
air transport industry
CRITICAL ISSUES
COMMERCIAL RIGHTS: Which arrangements would allow
airtimes to fly into or through foreign territories?
NAVIGATION FACULTY MAINTENANCE: Many were
located in remote or sparsely populated areas
LEGAL AND ECONOMIC CONFLICTS: Arising from
peacetime flying across national borders
United States
Laid the groundwork for cooperation
Recognizing aviation’s future importance, the US
government initiated exploratory tasks that allied nation
in early 1941
Were aimed at resolving airspace rights, navigation
control, and aviation law
1944 (Chicago convention)
55 nations were invited by the US to attend a conference
in Chicago
THE CHICAGO CONFERENCE
1944
Five weeks that changed the aviation
Attended by delegates from 52 countries in November-
December 1944
Purpose: Address pressing problems of international civil
aviation in the post-war world
Goal:
to foster the future development of International Civil
Aviation
to help create and preserve friendship and understanding
among peoples of the world
to prevent its abuse becoming a threat to general security
KEY OUTCOMES OF THE CONFERENCE

2. Agreement to develop civil aviation in a safe and
orderly manner
Establishment of international air transport services
The basis of equality of opportunity
Economically sound operations
Aviation seen as a tool for peace, diplomacy and development
INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO)
Was created to implement the principles agreed in
Chicago
Mandate:
Facilitate cooperation among states
Develop and enforce international aviation standards
Monitor compliance with civil aviation agreements
Core Principles:
The legal framework of international aviation
Compromised of 96 articles
Key Provisions:
Sovereignty: Each state has complete and exclusive
control over its own airspace
No scheduled international air service may enter another
country’s airspace without prior consent
Standards and Recommended Practices (SARPs)
Air navigation regulation
Installation and maintenance of navigation facilities
Facilitation of air transport by reducing customs and
immigration barriers
How The Convention Still Shapes Today’s Aviation:
Laid the legal and organizational foundation for global
air transport
ICAO continues to:
Enhance global aviation security
Foster environmental protection
Promote fair access and technical cooperation
IMPORTANT ICAO ARTICLES
ARTICLE 1 – Every state has complete and exclusive
sovereignty over airspace above its territory
ARTICLE 2 – Territory of a state shall be deemed to be the
land areas and territorial waters adjacent thereto under
the sovereignty, suzerainty, protection or mandate of
such state
ARTICLE 20 – Display of Marks: Every aircraft engaged in
international air navigation shall bear its appropriate
nationality and registration marks
ARTICLE 29 – Before an international flight, the pilot in
command must ensure that the aircraft is airworthy, duly
registered and that the relevant certificates are on board
the aircraft. The required documents are:
oCertificate of Registration
oCertificate of Airworthiness
oPassenger names, place of boarding and
destination

3. oCrew licenses
oJourney logbook
oRadio license
oCargo manifest
Article 30 – The aircraft of a state flying in or over the
territory of another state shall only carry radios licensed
and used in accordance with the regulations of the state
in which the aircraft is registered. The radios may only be
used by members of the flight crew suitably licensed by
the state in which the aircraft is registered
Article 33 – Recognition of Certificates and licenses
oCertificates of Airworthiness
oCertificates of Competency
oLicenses issued or validated by the state in which
the aircraft is registered, shall be recognized as
valid by other states. The requirements for the
issuing of those certificates of airworthiness,
certificates of competency or licenses must be
equal to or above the minimum standards
established by the convention
ARTICLE 37 – Of the Convention charges ICAO with
establishing International Standards and Recommended
Practices (SARPs)
ARTICLE 44 – states that the aims and objectives of ICAO
are to develop the principles and techniques of
international air navigation and to foster the planning
and development of international air transport
CHICAGO CONVENTION
Remains the cornerstone of international civil aviation
governance
INTERNATIONAL LAW IN CIVIL AVIATION
National delegations propose international agreements to their
own parliaments. If approved, the agreement is:
Adopted – formally accepted
Ratified – legally binding in national law
Result: the agreement becomes locally enforceable within each
participating state
TERRITORIAL AIRSPACE – JURISDICTION IN THE SKY
A state’s law applies only within its territorial jurisdiction
In aviation, jurisdiction is limited laterally (horizontal
boundary of airspace) but unlimited vertically
Examples:
Switzerland: Airspace clearly defined by land borders
UK: Airspace defined by territorial waters (Geneva
convention 1958)
AIRSPACE OVER THE HIGH SEAS – FREEDOM OF AVIATION
BEYOND BORDERS
HIGH SEAS
Defined by the Geneva convention (1958)
All waters beyond territorial seas
Guarantees freedom of navigation and flights
Rights originally for maritime vessels were extended to aircraft
Operate under the laws of the flag state (where aircraft is
registered)

4. Requires coastal states’ cooperation for sea and air
access
CHICAGO CONVENTION – permits overflight rights for
international aviation
Territorial Airspace
The application of national law is only applicable to the
territory over which that state has jurisdiction. The extent
of jurisdiction is limited by the lateral limits of territorial
airspace but unlimited vertically
High Seas
All the seas outside of territorial seas
United Nation on the Law of Seas
1982
Reaffirmed and updated Geneva agreements
Emphasized: Continued freedom of the seas, Rights and
obligations of states in maritime and aerospace
navigation
Territory
Refers to airspace above a country’s defined ground level
territory
Includes land, international waters and territorial seas
Sovereignty
The right of a state (including ICAO contracting states) to
impose its own laws within its territorial airspace
Includes authority over: Air traffic, Aircraft registration,
Enforcement of national regulations
Suzerainty
French suzerain (feudal overlord)
A state accepts and follows international rules and
standards even when there is no practical or legal
obligations to do so
Often practiced in aviation to: maintain harmonization
and ensure global cooperation and flight safety
FOCUS OF THE CHICAGO CONFERENCE
Key Concern: Commercial Rights in Civil Aviation
Emphasis: exchange of commercial rights
Result:
Contracting states agreed bilaterally to grant each other
specific rights for:
oScheduled Flights
oNon-scheduled flights
Also known as FREEDOMS OF THE AI
Foundation for international air traffic
operations and transit
Freedoms of the Air

5. Framework for Airspace Transit and Traffic Rights
Allows scheduled and non-scheduled flights
oTo transmit through other countries’ airspace
oTo land for technical or commercial reasons
These freedoms are applied through bilateral
agreements, not a multilateral agreement
BILATERAL AGREEMENT
A single global agreement couldn’t satisfy all 52 original
states
Two supplementary bilateral treaties were introduced:
1.INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT
(IASTA)
Permits overflight or landing for technical reasons
E.G. Refueling or maintenance stop
2.INTERNATIONAL AIR TRANSPORT AGREEMENT (IATA)
Allows carriage of passengers, mail, and cargo between
the signatory states
Only applies between the state of registration and the
partner state
SCHEDULED FLIGHTS
Agreed at government level
Agreements cover: numbers of flights per period,
airports to be used, times of operation, reciprocal
arrangements (e.g. slots or codeshare)
A state is not obligated to grant scheduled flight
permissions
NON-SCHEDULED FLIGHTS
One-Off or Charter Flights
No recurring schedule
Includes: Charter flights, ad hoc (when necessary or
needed) cargo deliveries, medical evacuations
 A state CANNOT refuse non-scheduled flights on political
or economic grounds
CABOTAGE – DOMESTIC AIR TRANSPORT RESTRICTIONS
CABOTAGE
Transport of passengers or cargo between two points in
the same country
Applies to both scheduled and non-scheduled services
Aviation Rules:
States may restrict cabotage to national operators only
Often used to protect local markets and maintains
sovereignty over internal airspace
Examples of Cabotage:
United States – Strict Cabotage: No foreign airline may operate
domestic flights within the US
European Community
oUnder the treaty of Rome. Cabotage forbidden within the
EC

6. oEC carriers can operate across all EC member states,
including internally within other EC countries
oNon-EC carrier are not allowed to operate internally
within EC states
Promotes a liberalized aviation market within the EC. Protective
stance toward external non-EC carriers.
CUSTOMS AND EXCISE, IMMIGRATION
International Aviation and National Sovereignty
Under the international law, states retain the right to:
Impose customs duties or tariffs
Enforce health and safety inspections
Control the importation of prohibited or dangerous items
Legal Basis: These are recognized as sovereign rights and are not
overridden by ICAO provisions
INTERNATIONAL FLIGHT REQUIREMENTS
Designated first point of entry for flights. All international flights
must land first at:
An approved customs airport
Equipped with customs, health, and immigration services
UK: Customs Airports
Purpose: Allows proper inspection before passenger or goods
enter sovereign territory
FREE MOVEMENT WITHIN THE EU
Within the European union
Customs and restrictions between member states are
removed
Intra-EU flights may land at non-customs airport under certain
conditions:
Must adhere to facilitation rules
Includes notification and record-keeping obligations
Similar exceptions do not apply to immigration. Separate
rules govern passenger entry
BECOMING AN ICAO CONTRACTING STATE
A state accepts ICAO standards but retain sovereignty
ICAO does not override national law within national
borders
ARTICLE 38
State must notify ICAO of differences between national
regulations and ICAO SARPs. This ensures transparency
and global situational awareness
RULES OF THE AIR – ICAO ANNEX 2
Mandate: standard operating procedures globally
Ensures:
oSafe aircraft separation
oCommunication protocols
oEmergency protocols
Standards and Recommended Practices (SARPs)

7. Promote efficiency and safety
Support global interoperability and uniform service levels
PROSECUTION JURISDICTION IN AVIATION
Over national airspace – state has the right to prosecute
Over high seas – state of registration has jurisdiction
Note: If one state refuses to prosecute, others are obliged to act
(as per montreal convention)
SEARCH AND RESCUE (SAR) OBLIGATIONS
All contracting state must:
oProvide search and rescue services:
oWithin national territory
oOver assigned high seas areas via RAN
agreements
Requirements:
oAvailable 24 hours/day
oScaled to air traffic volume and type
oMinimum operational readiness must be ensured
Cooperation Obligations:
States must:
oCoordinate with neighboring nations
oAssist in joint SAR upon request
DUTIES OF ICAO MEMBER STATES
Purpose of the Chicago convention & ICAO
Core Objectives of ICAO:
oPromotes safe, regular, and efficient international civil
aviation
oEnables standardized procedures across nations
oDevelop SARPs to ensure global compatibility
Legal Foundation:
o1944 Chicago convention
oICAO formed as a UN specialized agency to oversee
implementation
Standards and Recommended Practices (SARPs)
Published in 18 Annexes to the Chicago convention
17 for air navigation
1 for environmental protection (Annex 16)
Creation Process:
1.Drafted by the Air Navigation Commissions
2.Reviewed by Contracting States & international bodies
3.Approved by ICAO council (requires 2/3 majority)
States unable to comply must file differences under Article 38
ANNEX 1 – PERSONNEL LICENSING
Licensing for: Pilots, Flight Engineers, Air Traffic Controllers,
Aircraft Maintenance Personnel
Main Objective:
Ensures a uniform level of competence across
international operations
Promote global mutual trust and safety
Validation of license:

8. A license from one state is not automatically valid in
another
States must have validation or conversion procedures in
place
ANNEX 7 – AIRCRAFT NATIONALITY AND REGISTRATION MARKS
Format and visibility of marking
Use of nationality prefix
ANNEX 8 – AIRWORTHINESS OF AIRCRAFT
Mandatory certificate of airworthiness
Aircraft must be inspected and declared to fly
ANNEX 9 – FACILITATION
ICAO requires States to:
Provide customs, immigration, and health services at first
point of entry
Facilitate crew and passenger processing
Accept machine-readable travel documents (MRTDs)
Encourage:
Advance Passenger Information (API)
Single-window clearance for cargo
Reduced inspection times for compliant operators
Important in minimizing delays and aligning with international
health/security protocols
ANNEX 18 – SAFE TRANSPORT OF DANGEROUS GOODS
Over 50% of cargo in all transport modes is considered
hazardous
ICAO Requires:
Adoption of technical instructions (every 2 years)
State legislation aligned with Annex 18
Operator training & declaration for shippers and
handlers
ICAO member states require to carry:
1.Certificate of Airworthiness
2.Certificate of Registration
3.Flight crew licenses
4.Load Sheet/Weight Balance
5.Journey Logbook
6.Maintenance Release
7.Noise Certification
8.Dangerous goods documentation (if applicable)
Aircraft carrying photographic or surveillance equipment must
have appropriate permits or exemptions under state and ICAO
rules
ARTICLE 12 – ENFORCEMENT OF ICAO RULES IN AIRSPACE
States must enforce SARPs within their territorial
airspace
Over high seas, international rules apply without
exception
ARTICLE 33 – RECOGNITION OF CERTIFICATES
Mutual recognition of licenses/certificates
Subject to ongoing surveillance an audit

9. ANNEX 12 – SEARCH AND RESCUE (SAR)
States must:
