Airlaws

Engr. NBDC
Air Law is a series of rules governing the use of airspace and its
benefits for aviation, the general public and the nations of the
world. Definition of which is plenty but it cannot be applied
indiscriminately or without exceptions. Like, the terms of
Aviation Law and, or Navigation Law are become out-dated, the
designation of Air Transportation Law has been employed on
occasions, but the areas it covers are only conveying a narrow
interpretation. In presence, the term of Aeronautical Law is
currently being used especially in Romance languages, while Air
Law is practically adopted in the rest regimes.
Brief history of aviation law
Because of the first engine-powered flight had successfully been
carried out by the Brothers Wright in 1903, it is already 100 years in
the year of 2003. It is possible to review to the past when one takes
into account the national rules and regulations in various states.

The first concerted attempt at codification on an international scale

took place before 1910, when German balloons repeatedly made
flights above French territory. 2 The French Government was of the
opinion that for safety reasons it would be desirable for the two
governments involved to try and reach an agreement to resolve the
problem. As a result the Paris Conference of 1910 was convened, the
tendency of the conference did not adopt the idea of ‘freedom of the
air’ but was in favor of the sovereignty of states in the space above
their territories, which was reflected on the draft convention at the
plenary session of the conference.
Following the 1st World War, the first scheduled air service
between Paris and London come into force on 8 Feb 1919, the
existing regulations was considered incorporated into a
convention. But a choice had to be made between a free
airspace analogous to the principle of maritime law, and an
airspace governed by the sovereignty of the states. No matter
the rule of Air Law was to be made subject to the rules existent
to regulate other means of other transportation like rail, road or
sea. Air Law in a general viewpoint that covers an area which is
determined by the special characteristics and demands of
aviation, but whenever this implies a departure from the
existing law, the justification for this departure must be most
carefully assessed and weighed. Between those two poles Air
Law will have to find its range and its limits thereof.
Main organizations in Aviation
• ICAO - The International Civil Aviation Organization
• IATA - The International Air Transportation Association
ICAO
• ICAO is playing an outstanding role in world aviation events.
Its set-up is starting by the agreement concluded during the
Chicago conference of 19445. The impulse of its set-up is
generated as to the field of aviation in structural innovations
of international co-operation and law making after the 2nd
World War.
IATA
• IATA is not an official body but its aim and objective are clearly set
out in its incorporating acts for the safe, regular and economical air
transport for the benefit of the air aviation, to foster air commerce
and to study problems connected therewith by means of
collaboration among airlines engaged directly or indirectly in
international air transport service. Its job is always working with
ICAO and the other international organization, lies in the sectors of
technical and commercial.
• IATA has another important functions, one of which is performing as
a clearing-house, handling the ticketing clearing for airlines’ account
under the responsibility of its financial committee since 1947 in
London, later, it moved to Geneva. The other function of IATA is to
fix tariff rates for international air transport, its activities find their
expression in Resolutions and Recommended Practices adopted by
the Traffic Conferences which become binding on the member when
approved by interested governments
 CONVENTIONS
Rapid development of aviation has brought some
international problems such as:
➢The coordination of operational techniques and laws
➢The dissemination (spreading widely) of technical and
economic information far beyond the ability of individual
governments to solve.
The need for safety and reliability in air transportation involves:
* Building airports
* Setting up navigation aids
* Establishing weather reporting systems
The standardization of operational practices for international services is
fundamental importance so that no error may be caused by
misunderstanding or inexperience.
The establishment of such standards or rules of the air, of air traffic
control, of personnel licensing and of the design of airplanes and
airports and other considerations of prime importance to the safety
and economic viability of international aviation all require more than
national action.
 As the airplane developed during the first decade of 20th
century, the question arose as to the sovereignty of each
nation in the airspace above it.
“Should airspace above a nation be considered within the
sovereignty of each nation or should airspace, like the high
seas, be considered international?”
 Two principle theories of national sovereignty of airspace
were advocated by international jurists:

1. The air is free and therefore that individual states have

no authority over it, either in time of peace or in time of
war, except when necessary for self-preservation.
2. The opposing view held that the individual states indeed
have a right of sovereignty over the airspace above their
soil. They claimed that aircraft flying only a few miles
over the land are in a position to observe, photography
and obtain data that might be used to the disadvantage
of the nation over which the aircraft are flown
• As the close of World War I, in November 1918, the problems of
international air control became an important subjects at the peace
conference. The secretary of the Inter-Allied Aviation Committee
proposed that the committee be constituted as an organization for
international air regulation.
 THE PARIS CONVENTION-1919

• Representatives from the allied and associated nations met in Paris in

1919 and formed the International Commissions for Air Navigation and
enacted the International Air Navigation Code, usually referred to as
Paris Convention of 1919.
• The war experiences and the unity of the allies tended to
promote agreement among them. With the convention, some
principles were drawn up. These principles served as guides to
3 sub-commissions on technical problems; legal problems and
military affairs that drafted the text of the convention and its
annexes.
THE PARIS CONVENTION-1919

• On October 13, 1919, the convention, with its

annexes, was agreed upon, adopted and opened the
signature by the representatives of 32 allied and
associated powers represented at the peace
conference. The 34 articles covered the reservation of
sovereignty of airspace by the contracting nations;
THE PARIS CONVENTION-1919
-each nation’s registry of aircraft
-the issuance of certificates of airworthiness and
competence by each contracting nation
-the flight of aircraft across foreign territory
-international aircraft navigation rules
-prohibition of the transportation of arms, explosives
and photographic equipment by aircraft
-the establisment and maintenance of a permanent
commission for air navigation.
Principles of Paris convention of
1919
1.Each nation has absolute sovereignty over the airspace overlying
its territories and waters. A nation, therefore, has the right to deny
entry and regulate flights (both foreign and domestic) into and
through its airspace
2. Each nation should apply its airspace rules equally to its own and
foreign aircraft operating within that airspace, and make rules such
that its sovereignty and security are respected while affording as
much freedom of passage as possible to its own and other
signatories' aircraft.
3. Aircraft of contracting states are to be treated equally in the eyes
of each nation's law
4. Aircraft must be registered to a state, and they possess the
nationality of the state in which they are registered
THE PARIS CONVENTION-1919
The convention had 9 chapters, dealing with

• General Principles
• Nationality of aircraft
• Certificates of airworthiness and competency
• Admission to air navigation above foreign territory
• Rules to be observed on departure when under way and
on landing
• Prohibited transport
• State aircraft
• International Commission for air navigation
• Final Provisions
THE WARSAW CONVENTION-1929
It is the convention for the unification of certain
rules relating to international transportation by air
applies to any international transportation of
persons, baggage or merchandise by aircraft
compensations. The Warsaw Convention provided
that an air carrier was liable for damages sustained
by:
• Death or injury to the passengers
• Destruction, loss or damage to baggage or goods
• Loss resulting from delay in the transportation of
passengers, baggage or merchandise.
THE WARSAW CONVENTION-1929
• The limit of liability with respect to passengers on
international flights was set at 8300 USD. The
convention also set standards for passenger tickets,
cargo waybill and other air travel documentation.
• On September 28, 1955 the monetary limit was
doubled to 16600 USD as a maximum recovery for
death and extended to agents of the carrier. At a
diplomatic conference, held in Guetemala City in 1971,
the limit of the carrier’s liability adopted as a
maximum amount of 100.000 USD per person.
THE CHICAGO CONFERENCE-1944
• Worl War II had a tremendous impact on the
technical development of air transportation, but
there were many problems on political, legal,
economical and technical subjects. Therefore,
representatives of 52 nations assembled in Chicago
in November, 1944.
• The aim of the conference was to foster (to develop)
development of international civil aviation “in a safe
and orderly manner” to establish international air
transport service on the basis of equality of service.
THE CHICAGO CONFERENCE-1944
The contracting states were required to undertake to
secure the highest degree of uniformity in complying
with international standards and practices with
respect to the followings:
• Communication systems and air navigation aids
• Characteristics of airports and landing areas
• Rules of air and air traffic control practices
• Licensing of operating and mechanical personnel
• Airworthiness of aircraft
THE CHICAGO CONFERENCE-1944
• Registration and identification of aircraft
• Collection and exchange of meteorological
information
• Logbooks
• Aeronautical maps and charts
• Customs and immigration procedures
• Aircraft in distress and investigation of accidents and
other matters concerning the safety, regularity and
efficiency of air navigation.
THE CHICAGO CONFERENCE-1944
• The Chicago Conference established the International
Civil Aviation Organization (ICAO) to foster the
planning and development of international air
transport.
• The Chicago Conference provided another significant
document, “The International Air Transport
Agreement” or the “Five Freedoms Agreement”. This
agreement is applicable only to civil aircraft engaged
in scheduled air services.
TOKYO CONFERENCE-1963
This convention provides that the State of
Registration of an aircraft is competent to exercise
jurisdiction over offences and acts committed on
board.
Its object is to ensure that offences, wherever
committed should not go unpunished. As certain
acts committed on board or may prejudice good
order and discipline on board, the aircraft
commander and others are empowered to
prevent such acts being committed and to
disembark the person concerned.
TOKYO CONFERENCE-1963

In the case of an anticipated or actual unlawful or forcible

seizure of an aircraft in flight by a person on board, the States
party to the Convention are obliged to take all appropriate
measures to restore and preserve control of the aircraft to its
lawful commander.
HAGUE CONFERENCE-1970
• Convention for the Suppression of Unlawful Seizure
of Aircraft was signed at the Hague in December
1970.
• The Convention defines the Act of Unlawful Seizure
of Aircraft, and lists which Contracting States have
undertaken to make such offences punishable by
severe penalties.
• The Convention contains detailed provisions on the
establishment of jurisdiction by States over the
offence, on the taking of the offender into custody
and on the prosecution or extradition of the
offender.
MONTREAL CONFERENCE-1971
This convention came into force on 26 January 1973. It
is mainly concerned with acts other than those
pertaining to the unlawful seizure of aircraft. For
example:
• Acts of violence on board which endanger people and
property and safety of the aeroplane.
• The destruction of an aircraft in service or causing
damage which renders it incapable of flight or which is
likely to endanger its safety in flight.
MONTREAL CONFERENCE-1971

• Placing in an aircraft any device likely to destroy,

damage or render unfit for flight any aircraft.
• Destroying or damaging any air navigation facility
or interference with its correct operation.
• The communication of information known to be
false which endangers the safety of an aeroplane
in flight.
The Protocol Supplementary to the Montreal
Convention of 1971
This protocol was adopted by a conference, which met
at Montreal in 1988. It extends the definition of
offence given in the 1971 Convention to include
specified acts of violence at airports serving
international civil aviation. Such acts include:
• The international and unlawful use of any device,
substance or weapon in performing an act of violence
against a person at an airport serving international
civil aviation, which causes or is likely to cause serious
injury or death.
The Protocol Supplementary to the
Montreal Convention of 1971
• The international and unlawful use of any device,
substance or weapon to:
a. Destroy or seriously damage the facilities of an
airport.
b. Destroy or seriously damage aircraft not in
service at the airport.
c. Distrupt the services at an airport.
FREEDOMS OF THE AIR
• The first and second freedoms are considered as
technical freedoms. The third, forth and fifth
freedoms are called commercial freedoms.
FIRST FREEDOM
The right to fly over another country without landing.
SECOND FREEDOM
The right to make a landing for technical reasons (e.g.
refueling) in another country without picking
up/setting down revenue traffic. (The privilege to land
non-traffic purposes).
FREEDOMS OF THE AIR
THIRD FREEDOM
The right to carry revenue traffic from your own
country (A) to the country (B) of your treaty partner
(e.g. From İstanbul to Paris).

FOURTH FREEDOM
The right to carry traffic from country (B) back to your
own country (A). (e.g. From Paris to İstanbul).
FREEDOMS OF THE AIR
FİFTH FREEDOM
The right of an airline from country (A) to carry
revenue traffic between country (B) and other
countries such as (C) or (D) on services starting
or ending in its home country (A). This freedom
cannot be used unless countries (C) or (D) also
agrees. (The right for an airline to carry traffic
between countries outside its own country).
SUPPLEMENTARY RIGHTS
SIXTH FREEDOM
• The use by an airline of country (A) of two sets of third
and fourth freedom rights to carry traffic between two
other countries but using its base at (A) as a transit
point.
• This freedom is very rarely accepted in bilateral
agreements or in multi-lateral conventions. For
example, it permits to the same passenger to fly Paris-
London then London-Singapore with British Airways.
SUPPLEMENTARY RIGHTS

SEVENTH FREEDOM
The right of an airline to carry revenue traffic between
points in two countries on services which lie entirely
outside its own home country. For example,
Singapore permitted British companies to handle
traffic from Singapore to South-East Asia.
SUPPLEMENTARY RIGHTS
EIGHT FREEDOM
• The eight freedom is also called cabotage. The right for an airline to
pick up and set down passengers or freight between two domestic
points in another country on a service originating in its own home
country. This freedom is the most protected by the states. Domestic
market depends on the sovereignty of each state.
SUPPLEMENTARY RIGHTS
NINTH FREEDOM
This freedom is a direct result of the IATA conference
and permits interlining or code sharing. This is a
scheduled flight being flown by an operator other than
the operator to whom the schedule has been granted
or with whom the schedule is shared. In this situation,
the flight code (identifying the carrier/operator and the
schedule flight) is used by another operator. In this
situation, the passenger must be informed who the
actual carrier is.
BILATERAL AGREEMENTS
At first it was the desire of leaders of the conference to develop
a multilateral air transport agreement, by which many
countries would enter into an agreement regarding air routes.
However, the Multilateral Transport Agreement was rejected
by a majority of the states and all that was left to work out
commercial freedoms were bilateral negotiations.
BILATERAL AGREEMENTS

• As a result of this rejection the Final Act of the

Chicago Convention includes a “Form of
Standards Agreement for Provisional Air Routes”.
One of the first of these bilateral agreements
was the Bermuda Agreement (1946).
• Agreements concluded on the Chicago standard
form have the following provisions:
BILATERAL AGREEMENTS

• Intergovernmental exchange of air rights to be

exercised by designated airlines of the respective
countries.
• Equality of treatment and non-discriminatory
practices with respect to airport charges.
• The imposition of customs duties and charges in
certain cases.
• Mutual recognition of worthiness certificates
and personnel.
BILATERAL AGREEMENTS

• Compliance with laws and regulations pertaining

to entry, clearance, immigration, passport,
customs and quarantine regulations.
• Regulations pertaining to ownership and control
of each country’s air services.
• Registration of pertinent agreements with ICAO.
• Termination of agreement on one year’s notice.
• Procedures for amending the annexes to the
agreement.