Professional Documents
Culture Documents
The quality of the text substance-wise and the difficulty of the topic
Logical presentation
Using correct and proper English
The use, quality and correctness of documentation (footnotes)
Appearance
But in some cases, public law delegates enforcement to private parties and
national courts.
For example, carriage contracts (airline tickets, etc.) are regulated by the
Warsaw Convention, but individual passengers must take action to ensure
their rights.
Cooperation and equal treatment
International aviation requires
a lot of collaboration between
states and airlines to function
effectively and safely.
>>FRAMEWORK<<
There are also bilateral treaties, mostly concerning air traffic rights.
SARPs
(PANS) (procedures for air navigation services)
Sources of international aviation law
SARPs are not legally binding like the Convention itself, but nearly always
followed.
If a state does not comply with a SARP, it must notify ICAO of the
differences between its own practices and the standard (Art. 38).
Some topics:
Examples:
Land areas
Territorial waters (12 nautical miles from the baseline)
Air sovereignty issues
The vertical extent of air sovereignty has not been agreed upon.
Suggestions, e.g.:
19 miles
50 miles (UN astronaut threshold)
62 miles (Krmn line)
99 miles
Air sovereignty issues
Trespassing military and civil aircraft (airspace violations):
Every state must refrain from using any weapons against civil aircraft
Right of self-defense (UN Charter) still exists
States must also undertake that the rules concerning state aircraft
have due regard for the safety of navigation of civil aircraft.
These (and Art. 3 bis) are the only rules of Chicago Convention which apply
to state aircraft; otherwise, the Convention only applies to civil aircraft.
The use (purpose), not the type of the aircraft determines whether its
civil or state.
Makes room for other types of state aircraft, including state transports,
like Air Force One, and rescue aircraft used by authorities.
Articles 5 & 6 types of civil flight
Chicago Convention divides civil aircraft flights into two categories:
++
1) + +
Land
Follow prescribed routes
Obtain permission for flight; usually file a flight plan
Follow regulations, conditions or limitations when transporting
For this reason, bi- and multilateral agreements sometimes also concern
non-scheduled (charter) traffic.
Complexity
The reality?
The distinction between scheduled and non-scheduled is a bit arbitrary.
Flexibility
Growth
Loss of national control?
A word about the freedoms of the air
= categories used to describe the trade of overflight and transport rights
The focus of ICAO is not on little quadcopters flying over your house
but long range BVLOS transport and surveillance operations.
Sight set for the future
Because operations are currently so domestic, national legislation is
the key when discussing UA.
Art. 9 Prohibited areas
States may restrict or prohibit foreign flights above certain territory.
Tempo-R
Tempo-D
TSA
(Local) TRA
This is oversimplifying the picture
Again, we must notice that the Chicago Convention generalizes, delegates
to Annex 11 and gives room for states to regulate.
States must ensure that every aircraft flying above its territory or carrying
its nationality complies with the applicable rules.
Over the high seas, only international rules (Annex 2) are followed.
So what are these rules actually?
Rules of the air are divided into two main spheres:
= Airports which are open to public use must be open under uniform
conditions to the aircraft of all other states.
Mare liberum but the airspace is not free: its under national sovereignty.
Immigration Quarantine
Delays
Customs Clearance
How can formalities be reduced?
According to Abeyratne (2014):
Maintenance
(continuing Structure
airworthiness)
Design and
Crashworthiness
construction
Age
Experience Knowledge
Medical
Skill
fitness
Licensing requirements
Licensing is extremely important: human factors are key to aviation safety.
Only applies when the requirements for the document were the same
or higher than those of Annex 8 to the Convention.
Standardization again
For flight above its own territory, each state has the right to refuse to
recognize licences granted to any of its nationals by another state.