Welcome to

AIR LAW
INTRODUCTION
Did You Hear That?
Midair Collisions
1960, New York
United airlines DC 8 and Lockheed constellation
133 people were killed
1971, Japan
All Neppon Airways 727 and a Jet fighter
162 were killed, the fighter pilot was able to bail successfully
1996, New Delhi
Saudia B 747 and Kazakhstan airline Illusion 76
350 were killed
2006, Brazil
B737-800 with Lear Jet
154 passengers and crew were killed
The two pilots of the Lear jet survived
Safeguarding Sovereignty
Tragic out come of violating airspace
April 20, 1978
Korean Air 902, B707 was shot down by Former Soviet Union Air
force
Sep 1, 1983
Korean Airlines 007, B747 was shot down again by the Soviet
Union Air force
More than 350 people were killed
Sep 1, 1999,
South African Learjet 35 was shot down by Ethiopian Air defense.
Around the same time, another South African Aircraft was forced
to land at Bahirdar. This time the pilot was safe, fined
5000 dollars
General Course Objectives
At the end of the course, trainees will be able to
describe different:
National laws and regulations, and
International rules and conventions with
respect to Civil Aviation
Trainees will also be able to execute the rules and
regulations to conduct the safe operation of
aircraft
Introduction to Air Law

Lesson Objectives

At the end of the chapter, trainees will be

able to:
 Describe different conventions made on
international civil aviation

 Explain the basic provisions of the three

major conventions of international civil
aviation
 Describe major duties and responsibilities of ICAO

 Explain the eight freedoms of the air

 Identify organizational structure of ICAO

 Differentiate between standards and

recommended practices

 List down major annexes to the convention

TOPICS
 Definition of Air Law

 Scopes of Air Law

 Sources of Air Law

 International Conventions on Civil Aviation

 The Major Provisions of Chicago Convention

 Overview of International Civil Aviation

Organization

 Article and Annexes of the Chicago convention

Introduction to Air Law
Definition
 Air law is body of principles and rules of
public, private, international or national law
which govern the legal relationships arising
from civilian air transport activities
Scopes of Air Law

Air law comprises the study of:

 Medium of aerial navigation
 Vehicles of aerial navigation
 Persons or property which are transported by
air
 Travel by air and the legal implications which
arises
Sources of Air Law

 International multinational treaties

 Bilateral air transport agreements

 National laws and regulations in the field of

civil aviation

 Contracts between states and airlines

 Contracts between airlines

 General principles of international law

The convention on
International Civil Aviation
 Paris Convention (1919)

 Habana Convention (1928)

 Chicago Convention (1944)

Paris Convention (1919)

Goals:
 Attempts to reach an agreement over
fundamental, legal and technical
standards which would govern all
aspects of civil Aviation at the
international level.

 To create an international organization

to develop standards
Paris Convention (1919)

Main Provisions:
 Establish basic principles of air
sovereignty

 Defined guidelines for national

registration of aircraft

 Placed restriction on movement of

military aircraft
Paris Convention Main Provisions
(cont’d)
 Established basic rules of airworthiness of
aircraft and competency of pilots

 Defined rules for navigation and

establishment of international airways

 Defined rules for flight of aircraft across

foreign territory

 Created the International Commission for Air

Habana Convention (1928)

Main Provisions:
 Reaffirmed the principles of air
sovereignty

 Provides for equality of treatment for

national aircraft and those belonging
to other signatories.

 Right for the states to require aircraft

flying over prohibited zones to land
Habana convention cont’d

 Calls for the registration of aircraft according

to the laws and provisions of each state.

 States that the airworthiness certificate issued

by one state can be considered inadequate
by another.
Habana Convention
Main Provisions (cont`d)
 Recognizes the right to land at different
points in one state and continue to another.

 Use of arbitration to resolve dispute

 Duties and rights of aircraft commander

 No permanent centralized organization

Chicago Convention (1944)

International Conference on Civil

Aviation
 Convened on Nov 1, 1944

 Completed on Dec 7, 1944

 Attended by 52 nations
Purpose of the Chicago
Conference
 To foster the development of international
civil aviation in a safe and orderly manner

 To establish international air transport service

on the basis of:
 Equality of opportunity
 Sound and economical operation
Documents of the Chicago
Conference
 Creation of PICAO

 Creation of ICAO

 International air service transit agreements

(two freedom)

 International air transport agreement

 (Five freedoms)
Main Provisions of the Chicago
Convention
 Replace Paris and Habana conventions

 Grants exclusive and complete sovereignty

to states over air space above their territory

 The right to over fly and landing of non-

schedule services

 Right to reserve traffic for national carrier

Main Provisions of the Chicago
Convention
 Application of customs regulations and
national traffic rules

 Uniformity of compliance with international

standards and practices

 Creation of ICAO
PART I
AIR NAVIGATION

GENERAL PRINCIPLES AND APPLICATION

OF THE 
CONVENTION
Article 1- Sovereignty

 Article 2-Territory

 Article 3-Civil and state aircraft

 Article 4-Misuse of civil aviation

Flight over territory of Contracting
States

 Article 5- Right of non-scheduled flight

 Article 6-Scheduled air services
 Article 7-Cabotage
 Article 8-Pilotless aircraft
 Article 9-Prohibited areas
 Article 10-Landing at customs airport
Flight over territory of Contracting
States…cont’d

 Article 11-Applicability of air regulations

 Article 12-Rules of the air
 Article 13-Entry and clearance regulations
 Article 14- Prevention of spread of disease
 Article 15-Airport and similar charges
 Article 16-Search of aircraft
NATIONALITY OF AIRCRAFT

 Article 17-Nationality of aircraft

 Article 18-Dual registration
 Article 19-National laws governing registration
 Article 20-Display of marks
 Article 21-Report of registrations
MEASURES TO FACILITATE AIR
NAVIGATION
 Article 22-Facilitation of formalities
 Article 23-Customs and immigration procedures
 Article 24-Customs duty
 Article 25-Aircraft in distress
 Article 26-Investigation of accidents
 Article 27-Exemption from seizure on patent claims
 Article 28-Air navigation facilities and standard systems
CONDITIONS TO BE FULFILLED
WITH RESPECT TO AIRCRAFT
 Article 29-Documents carried in aircraft
 Article 30-Aircraft radio equipment
 Article 31-Certificates of airworthiness
 Article 32-Licenses of personnel
 Article 33-Recognition of certificates and licenses
 Article 34-Journey log books
 Article 35-Cargo restrictions
 Article 36-Photographic apparatus
INTERNATIONAL STANDARDS
AND RECOMMENDED PRACTICES

 Article 37-Adoption of international standards and

procedures
 Article 38- Departures from international
 standards and procedures
 Article 39- Endorsement of certificates and licenses
 Article 40-Validity of endorsed certificates and licenses
INTERNATIONAL STANDARDS
AND RECOMMENDED PRACTICES…cont’d

 Article 41-Recognition of existing standards of airworthiness

 Article 42-Recognition of existing standards

of competency of personnel
General principles

Sovereignty

The contracting States recognize that every State has complete

and exclusive sovereignty over the airspace above its territory.

Territory
For the purposes of this Convention the 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.
Right of non-scheduled flight
 Each contracting State agrees that all aircraft of the other
contracting States, being aircraft not engaged in scheduled
international air services shall ,

 have the right to make flights into or in transit non-stop

across its territory and,

 to make stops for non-traffic purposes without the

necessity of obtaining prior permission, and subject to the
right of the State flown over to require landing.
Right of non-scheduled
flight…cont’d

Each contracting State nevertheless reserves the right, for reasons of

safety of flight, to require aircraft desiring to proceed over regions
which are inaccessible or without adequate air navigation facilities to
follow prescribed routes, or to obtain special permission for such
flights.
Right of non-scheduled
flight…cont’d
Such aircraft, if engaged in the carriage of passengers, cargo, or
mail for remuneration or hire on other than scheduled
international air services, shall also, subject to the provisions of
Article 7, have the privilege of taking on or discharging
passengers, cargo, or mail, subject to the right of any State where
such embarkation or discharge takes place to impose such
regulations, conditions or limitations as it may consider desirable.
Scheduled air services

No scheduled international air service may be operated over or

into the territory of a contracting State, except with the special
permission or other authorization of that State, and in
accordance with the terms of such permission or authorization.
Cabotage

Each contracting State shall have the right to refuse permission to

the aircraft of other contracting States to take on in its territory
passengers, mail and cargo carried for remuneration or hire and
destined for another point within its territory.
Each contracting State undertakes not to enter into any
arrangements which specifically grant any such privilege on an
exclusive basis to any other State or an airline of any other State,
and not to obtain any such exclusive privilege from any other
State.
Landing at customs airport

Except in a case where, under the terms of this Convention or a

special authorization, aircraft are permitted to cross the territory of
a contracting State without landing, every aircraft which enters the
territory of a contracting State shall, if the regulations of that State
so require, land at an airport designated by that State for the
purpose of customs and other examination.
Landing at customs airport…cont’d
On departure from the territory of a contracting State, such
aircraft shall depart from a similarly designated customs airport.
Particulars of all designated customs airports shall be published
by the State and transmitted to the International Civil Aviation
Organization established under Part II of this Convention for
communication to all other contracting States.
 Applicability of air regulations

 Subject to the provisions of this Convention, the laws and

 regulations of a contracting State relating to the admission to or
departure from its territory of aircraft engaged in international air
navigation, or
 to the operation and navigation of such aircraft while within its
territory, shall be applied to the aircraft of all contracting States
without distinction as to nationality, and shall be complied with
by such aircraft upon entering or departing from or while within
the territory of that State.
Rules of the air

Each contracting State undertakes to adopt measures to insure that

every aircraft flying over or maneuvering within its territory and
that every aircraft carrying its nationality mark, wherever such
aircraft may be, shall comply with the rules and regulations relating
to the flight and maneuver of aircraft there in force.
Rules of the air…cont’d

 Each contracting State undertakes to keep its own regulations

in these respects uniform, to the greatest possible extent, with
those established from time to time under this Convention.

 Over the high seas, the rules in force shall be those established
under this Convention.

 Each contracting State undertakes to insure the prosecution of

all persons violating the regulations applicable.
Search of aircraft
The appropriate authorities of each of the contracting States shall
have the right, without unreasonable delay, to search aircraft of
the other contracting States on landing or departure, and to
inspect the certificates and other documents prescribed by this
Convention.
The duties of Contracting States in relation to:
Documents carried on board of the aircraft:

Every aircraft of a contracting State, engaged in international

navigation, shall carry the following documents in conformity
with the conditions prescribed in this Convention:
(a) Its certificate of registration;
(b) Its certificate of airworthiness;
(c) The appropriate licenses for each member of the
crew;
(d) Its journey log book;
Documents carried on board of the
aircraft:…cont’d
(e) If it is equipped with radio apparatus, the aircraft radio station
license;

(f) If it carries passengers, a list of their names and places of

embarkation and destination;

(g) If it carries cargo, a manifest and detailed declarations of the

cargo.
certificates of airworthiness

Every aircraft engaged in international navigation shall be

provided with a certificate of airworthiness issued or rendered
valid by the State in which it is registered
Licences of personnel
(a) The pilot of every aircraft and the other members of
the operating crew of every aircraft engaged in international
navigation shall be provided with certificates of competency and
licenses issued or rendered valid by the State in which the aircraft is
registered.
(b) Each contracting State reserves the right to refuse to
recognize, for the purpose of flight above its own territory,
certificates of competency and licenses granted to any of its
nationals by another contracting State.
Recognition of certificates and licenses
 Certificates of airworthiness and certificates of competency
and licenses issued or
 rendered valid by the contracting State in which the aircraft is
registered, shall be recognized as valid by the other contracting
States,
 provided that the requirements under which such certificates or
licenses were issued or rendered valid are equal to or above the
minimum standards which may be established from time to
time pursuant to this Convention.
Cargo restrictions
 (a) No munitions of war or implements of war may be
carried in or above the territory of a State in aircraft engaged in
international navigation, except by permission of such State.

 Each State shall determine by regulations what constitutes

munitions of war or implements of war for the purposes of this
Article, giving due consideration, for the purposes of uniformity,
to such recommendations as the International Civil Aviation
Organization may from time to time make.
Cargo restrictions…cont’d

 (b) Each contracting State reserves the right, for reasons

of public order and safety, to regulate or prohibit the carriage in or
above its territory of articles other than those enumerated in
paragraph (a):

 provided that no distinction is made in this respect between its

national aircraft engaged in international navigation and the
aircraft of the other States so engaged; and ,

 provided further that no restriction shall be imposed which may

interfere with the carriage and use on aircraft of apparatus
necessary for the operation or navigation of the aircraft or the
safety of the personnel or passengers.
Photographic apparatus

Each contracting State may prohibit or regulate the use

of photographic apparatus in aircraft over its territory.
Aims and Objectives of ICAO
 To ensure safe and orderly growth of
international civil aviation throughout the
world
 To encourage the arts of aircraft design and
operation for peaceful purposes
 To encourage development of airways,
airports and navigation facilities
 To meet the need for safe, regular, efficient
and economical air transport
Objectives of ICAO (cont`d)

 To prevent economic waste caused by

unreasonable competition

 To ensure rights of the contracting states

 To avoid discrimination between contracting

states

 To promote safety of flight

 Promote development of all aspects of

International Civil Aviation
Organization (ICAO) head quarter
and regional offices

 Specialized branch of UN

 Established in 1947

 Based in Montreal

 Over 188 contracting member states

Organization and duties of ICAO
Regional Offices
 Assembly
 All-member assembly meets every
three years
 Council
 33 member states elected by the
assembly for three years terms
 Secretariat
SECRETARIAT

 Air Navigation Bureau

 Air Transport Bureau

 Legal Bureau

 Technical Cooperation Bureau

 Bureau of Administration and Services

The Assembly

 Sovereign body of ICAO

 Composed of all member states

 Member states have an equal right to be

represented in the assembly

 Each state has one vote

 Decisions are made by majority vote

 The assembly meets at least once every

Functions of the Assembly

 Decide on the general policy of the

organization

 Delegates power to the council

 Approve budget and financial arrangements

 Refer matters to commissions

 Consider and propose to states modifications

The Council

 Executive body of ICAO

 Responsible to the assembly

 Composed of 33 states elected by the

assembly for a three year period

 The decisions of the council are taken by the

majority
Functions of the Council

 Appoint the secretary general and the

members of the permanent commissions

 Submit annual report to the assembly

 Administer the finances of the organization

 Generally responsible to implement the

objectives of the organization
The Secretariat

 Headed by the secretary general elected by

the council

 Composed of technical experts from the staff

 Divided in to five bureaus corresponding to

the committees and commissions of the
council
ICAO's Area of Activity

 Air navigation

 Air transport

 Financing

 Legal matters

 Technical assistance

 Unlawful interference with civil aviation

Worldwide wide ICAO regions

 Paris

 Dakar

 Cairo

 Nairobi

 Bangkok

 Mexico City
Hierarchy of ICAO Publications (SARPS
and DOCs)

 Articles and Annexes

There are 96 articles of the Chicago
convention
There are 19 annexes to the convention
Hierarchy of ICAO Publications
(SARPS and DOCs)
 ICAO has achieved high degree of
worldwide standardization
 This has been made possible through the
creation, adoption and amendment of
SARPs and PANS ,by the council
 SARPs are contained in the annexes to the
convention
STANDARD

 A specification whose uniform application is

necessary for the safety or regularity of civil
aviation

 Compliance is mandatory

 In case of impossibility to comply with, ICAO

must be notified
Recommended Practices

 A specification whose uniform application is

desirable, but not essential

 Application is not mandatory

Annexes to the Convention
 ANNEX 1: Personnel Licensing

 ANNEX 2: Rules of the Air

 ANNEX 3: Meteorological Services

 ANNEX 4 : Aeronautical Charts

 ANNEX 5: Units of Measurement

 ANNEX 6: Operation of Aircraft

 ANNEX 7: A/C Nationality and Registration

marks

 ANNEX 8: Airworthiness of Aircraft

 ANNEX 9: Facilitation
(Annexes cont`d)

 ANNEX 10: Aeronautical Communications

 ANNEX 11: Air Traffic Services

 ANNEX 12: Search and Rescue

 ANNEX 13: A/C Accident Investigation

 ANNEX 14: Aerodromes

(Annexes cont`d)

 ANNEX 15: Aeronautical Information services

 ANNEX 16: Environmental Protection

 ANNEX 17: Security

 ANNEX 18: Safe Transport of Dangerous Goods

by air

 ANNEX 19: Safety Management System (SMS)

Documents (PANS)

 Procedures for air navigation services

 Approved by the council for world-wide

application

 Comprised mostly of operating procedures

 Not yet mature enough for adoption as

SARPs

 Material of a more permanent character

The International Air Service Transit
Agreement
 The two technical Freedoms of
the Air
 Technical Freedoms
 First Freedom:
The right to fly over the territory of a state without
landing
 Second Freedom:
The right to land in another state for technical
reasons
The International Air Transport
Agreement
 The three commercial Freedoms
of the air
 Third freedom:
 The right to carry revenue traffic from the
home state of the carrier to the territory of
another state
 Fourth Freedom:
 The right to carry traffic from the territory of
the grantor state to home state of the carrier
 Fifth Freedom
 The right to carry traffic between the territory
Freedoms of the Air (cont`d)

Additional freedoms of the air

 Six Freedom:
 Applies to revenue traffic carried between
two countries via the home state of the
carrier

 Seventh Freedom:
 Applies to international traffic carried by a
carrier operating entirely outside its home
Additional Freedoms of the Air
(cont`d)
 Eighth Freedom (cabotage)
 Refers to the right to carry revenue
traffic between two points within the
territory of a state by a carrier from
another country
 Ninth Freedom
 The right to carry passengers or cargo
within a foreign country without
continuing service to or from one's
own country
Legal Situations with Regard to the
freedoms of the Air

 The freedoms of the air is applied in all

contracting states on all aircraft carrying the
nationality and registration mark if a
contracting states.
The Conventions of Tokyo, Den
Haag and Montreal
 This document was signed 0n the 14th of sept
1963

 This 26 article document was signed and

came in force on 4th of December 1969

 It is all an agreement against unlawful

interference.
Suppression of unlawful acts against the
safety of civil aviation; the Conventions
of
Tokyo, Den Haag, Montreal
THE CONVENTION OF TOKYO 1963
 The Japanese Government convened a
meeting to tackle the unlawful seizure of
aircraft.

 The agreements made at this convention

cover offences and certain other acts
committed on board aircraft including
THE CONVENTION OF TOKYO …cont’d

 The convention covers the jurisdiction of the pilot in

command and national jurisdiction.

National Jurisdiction
 The State of Registry of an aircraft is responsible for
exercising jurisdiction over offences and acts committed
on board, with the stipulation that the authority of any
other state does not apply (see Jurisdiction of Other
States).
Jurisdiction of Other States
 A contracting state, which is not the State of Registry,
may interfere with an aircraft in flight in order to exercise
legal control over any offence committed on board when:

 An offence has been committed on board in the territorial

airspace of that state.

 An offence committed on board has an effect on the

territory of the state.
Pilot in Command

 If a person commits, or is about to commit, an unlawful

act on board an aircraft, the
 aircraft commander may impose reasonable measures,
including restraint, considered necessary:

 To protect the safety of the aircraft, persons or property

on board.

 To maintain good order and discipline.

Jurisdiction of Other States…cont’d
 An offence has been committed on board against a
national, or permanent resident, of that state.
 An offence has been committed on board against the
security of that state.
 The offence committed is a breach of the rules or
regulations relating to the flight of aircraft in that state.
 The exercise of jurisdiction is necessary to ensure the
observance of any multinational
 agreements between states.
 Jurisdiction of Other States…cont’d

 To enable handing a person over to the competent

authorities. This can include

 removal of a passenger from an aircraft, or refusal of

permission for a person to board an aircraft.

 To carry out his task the aircraft commander may require

the assistance of other crew members.

 Passengers may also be asked to assist, if necessary.

THE HAGUE CONVENTION OF 1970

 Following the Tokyo Convention, and after a spate of

politically motivated terrorists hijackings , ICAO called a
convention hosted by the Dutch government to address
this problem.

 The Convention for the Suppression of Unlawful Seizure

of Aircraft defines the act of unlawful seizure and the
measures to be taken by contracting states to enforce
severe punishment upon perpetrators.

 This agreement specifies extradition of offenders and

obliges contracting states to extradite offenders.
THE MONTREAL CONVENTION OF 1971

 The Convention for the Suppression of Unlawful Acts

Against the safety of Civil Aviation
 compliments the Hague Convention by making it an
offence to:
 Commit acts of violence on board aircraft that endanger

people and property and the safety of the aircraft.

THE MONTREAL …cont’d
 Destroy an aircraft in service or cause damage which
renders the aircraft incapable of flight or which is likely
to endanger the safety of flight.

 Place a device on board an aircraft that is likely to

destroy the aircraft, damage it, or render it unfit for flight.

 Destroy or damage any navigation facility or

interference with its correct operation.

 Interfere with aircraft communications or transmit

information known to be false that

 endangers the safety of an aeroplane in flight.

THE PROTOCOL TO THE MONTREAL
CONVENTION OF 1971

This extended the Montreal Convention to include offences

committed at aerodromes serving international civil aviation,
including the intentional use of any device, substance or
weapon:

• Likely to cause serious injury or death.

• To destroy or seriously damage the facilities of an airport.
THE PROTOCOL…cont’d

 To destroy or damage aircraft not in service at the

airport.

 To disrupt the services at an airport.

 Note: In this context, a protocol is a diplomatic method

whereby the content of an agreement can be amended
without the need to re-convene the entire convention.
Bilateral Agreements

 The different rules and regulations being

there, they can not be implemented unless
bilateral agreements are signed between
the concerned parties.

 So many bilateral agreements have been

signed between states
International Private Law

 The Warsaw Convention

 This is convention for the unification of certain

rules relating to international carriage by air,
signed at Warsaw on the 12th of October
1929.

 This Convention applies to all international

carriage of persons, luggage or goods
performed by aircraft for reward.
The Warsaw Convention…cont’d

It applies equally to gratuitous carriage by aircraft

performed by an air transport undertaking.

For the purposes of this Convention the expression

"international carriage" means any carriage in which,
according to the contract made by the parties, the place of
departure and the place of destination, whether or not there
be a break in the carriage or transhipment, are situated
either within the territories of two High Contracting Parties,
or within the territory of a single High Contracting Party.
Other conventions and protocols
designed to cover liability towards
persons and goods
 There are so many conventions but Warsaw
convention is used worldwide for marketing
purpose.
Legal significance of the issue of a
passenger ticket and/or of
baggage/cargo
It is clearly indicated in chapter III Article 17
documents

of Warsaw convention that it is liability of the
carrier.

 The carrier is liable for damage sustained in

the event of the death or wounding of a
passenger or any other bodily injury suffered
by a passenger, if the accident which
caused the damage so sustained took place
on board the aircraft or in the course of any
The consequences for an airline and/or the
PIC when a passenger ticket is not
issued

1. For the carriage of passengers the carrier must

deliver a passenger ticket which shall contain the
following particulars:-

(a) the place and date of issue;

(b) the place of departure and of destination;

The consequences…cont’d

(c) the agreed stopping places, provided that the carrier

may reserve the right to alter the stopping places in case
of necessity, and that if he exercises that right, the
alteration shall not have the effect of depriving the carriage
of its international character;

(d) the name and address of the carrier or carriers;

(e) a statement that the carriage is subject to the rules

relating to liability established by this Convention.
The consequences…cont’d
2. The absence, irregularity or loss of the passenger ticket
does not affect the existence or the validity of the contract
of carriage, which shall
none the less be subject to the rules of this Convention.

Nevertheless, if the carrier accepts a passenger without a

passenger ticket having been delivered he shall not be
entitled to avail himself of those provisions of this
Convention which exclude or limit his liability.
Limitations on liability towards persons
and goods (the Montreal Convention,
May28, 1999)
1. The carrier is liable for damage sustained in
case of death or bodily injury of a 75
passenger upon condition only that the
accident which caused the death or injury
took place on board the aircraft or in the
course of any of the operations of embarking
or disembarking.
Limitations on liability towards persons
and goods (the Montreal Convention,
May28, 1999)
2. The carrier liable for damage sustained in case of
destruction or loss of, or of damage 76 to, checked
baggage upon condition only that the event which
caused the destruction,

3. If the carrier admits the loss of the checked

baggage, or if the checked baggage 77
Limitations…cont’d

 loss or damage took place on board the aircraft or during

any period within which the
 checked baggage was in the charge of the carrier.

 However, the carrier is not liable if and to the extent that

the damage resulted from the inherent defect, quality or
vice of the baggage.

 In the case of unchecked baggage, including personal

items, the carrier is liable if the damage resulted from its
fault or that of its servants or agents.
Consequences of the EC Regulation
about passenger rights in case of delay

 EU observed this and recognized the need

for binding rules.

 Through the Regulation (EC)1592/2002 EU

established the European Aviation Safety
Agency (EASA) and gave it the responsibility
for developing and managing common EU
rules for the airworthiness and certification,
and for technical maintenance of aircraft
etc., as well as for environmental issues.
Consequences of the EC…cont’d

 However EASA remains an Agency of the European

Union and must therefore comply with all EU and
European Commission rules and procedures with regard
to staffing, finance, procurement etc.

 It is funded partly out of fees and charges, set by EU

regulation, and partly from a Community subsidy agreed
under the EU´s budgetary procedures. It is active since
September 28, 2003.
The convention of Rome and Other
Documents Related to Rights in Aircraft

 This convention produced uniformity in place

of the differing national laws covering the
liability of the owner or operator of an aircraft
that causes damage to persons or property
on the ground.

 The operator is liable for any damage, but

the liability is limited to a sum that is
 proportionate to the weight of the aircraft.
The convention of Rome…cont’d

 The Convention makes it compulsory to insure against

this liability.

 A later Rome Convention looked at the problems of

damage caused by foreign aircraft to third parties on the
surface of the earth.

 The amount of compensation is limited, but

 carriers are liable for damage caused to third parties.
Ethiopian civil Aviation
Authority(ECAA)

Ethiopian Civil aviation Authority(ECAA) , as a legal

entity was reestablished under proclamation
No.273/2002 under the ministry of Transport and
communication, is responsible for the administration
of the Air transport sector in Ethiopia.
ECAA…cont’d

The Authority’s main responsibilities can be divided in

to two parts; namely regulatory and service rendering.

The Regulatory responsibilities are:

A)Technical Regulations:
ECAA…cont’d

 To ensure the provision of highest degree of safety

and adequate air transport service to the public;
 To license pilots and other professionals engaged
in the operation of civil aircraft;
 To control and regulate the manufacture,
possession, use , operation , sale , import and
export of aircraft;
ECAA…cont’d

 To register all civil aircraft and ; issue registration marks

; inspect and issue air worthiness certificate ,specify
the type of service for which aircraft may be used;
prescribe conditions as to the maintenance and
repair of aircraft.
 To inspect, license, and regulate all aerodromes and
air navigation facilities and services;
 To identify air routes to be used within Ethiopia and
prescribe the conditions of their use;
ECAA…cont’d

 To determine conditions for air navigation and

admission to and departure from Ethiopian territory.

 To apply and enforce all laws, regulations and

directives relating to Civil aviation and international
conventions and agreements to which a party, etc.
ECAA…cont’d

B) Economic and Air Transport Regulation

 To promote and maintain an efficient air transport and
general aviation in the country;

 To license and regulate air transport and general

aviation services;

 To determine conditions under which passengers,

goods and mail may be transported in aircraft.
ECAA…cont’d

The service rendering responsibilities are:

 To identify air routes to be used within Ethiopia and
prescribe the conditions of their use;

 To determine conditions for air navigation and admission

to and departure from Ethiopian territory;

 To provide communications, Navigations, Navigation,

Surveillance organized Air traffic management;
World Organizations

 The International Air Transport Association

(IATA)

Organization
 IATA is a body whose members are
composed of airlines.

Objectives
 uniform fares, uniform ticketing
arrangements, and other procedures The
IATA interlining agreements led to carriers
accepting other carriers’ tickets and waybills.
 Federal Aviation Administration
(FAA)
The collaborative harmonisation work between the U.S.
and the EU has taken place under the Memorandum of
Cooperation (MOC) between the United States of
America and the European Union on Civil Aviation
Research and Development that was signed in March
2011, and specifically under Annex I, which covers “SESAR-
NextGen Cooperation for Global Interoperability
European Aviation Safety
Agency (EASA)
 In the succeeding years, ICAO has initiated,
conducted and supervised much of the rule
harmonization as seen within aviation up until
today.

 Through the thematically divided 19 annexes in

the Chicago Convention “standards and
recommended practices” (SARPs) were
developed that provide guidelines for what
each country’s aviation regulations shall/should
look like.

EASA…cont’d

 However, it’s somewhat controversial to what extent the

Convention states are legally bound by the Convention and
its annexes.

 Therefore ICAO’s SARPs provide some scope for different

applications.
EASA…cont’d
 Individual states also have the opportunity to report
deviation from the SARPs.

 Such deviations are published together with the

annexes. Although the ICAO-annexes form a very
important contribution to promoting legislation
harmonization on an international basis, they are not
thus not able to secure full harmonization
EUROCONTROL
 Eurocontrol was formed in 1965.
 Its membership encompasses most of Europe and
some non-European adjacent states.

 The stated objectives of Eurocontrol are:

 To plan European air traffic management to meet
future needs.
 To optimise the use of airspace by matching
capacity to demand to carry out the above.
EUROCONTROL…cont’d
 From its origins as the Maastricht (Holland) ACC,
providing a centralised ATC service for the

 Benelux countries and Northern Germany,

Eurocontrol now provides ATC services for most

 European flight information regions (FIRs).

EUROCONTROL…cont.d

 It actually controls operations in the upper airspace

from two ATCC (Maastricht and Vienna) and has R&D
facilities in Luxembourg, Maastricht, and
 Bretigny near Paris.

 Eurocontrol also provides a very efficient centralised

enroute charge recovery service on behalf of the
states, which even non-Eurocontrol states use.
ATC HARMONISATION
 Eurocontrol is also at the heart of the ATC
harmonisation process in Europe.

 the surrounding states, which will lead to the

development of a data processing and handling
system capable of taking inputs from any ATC
system in the world.

 The first link in this network is the new ATCC at

Swanwick, near Southampton, providing area
control for the London FIR and UIR.
JOINT AVIATION AUTHORITIES (JAA)

 The JAA has developed since the 1970s and the members
are bound by the “Arrangements” signed in Cyprus by the
then member states in 1990.

 The main JAA objectives are:

 To ensure through co-operation common high levels of

safety within the member states.
JOINT AVIATION AUTHORITIES
(JAA)…cont’d

 Through the application of uniform safety standards,

to contribute to fair and equal competition within
the member states.

 To aim for cost effective safety and minimum

regulatory burden so as to contribute to the
European industries’ international competitiveness.
EUROPEAN CIVIL AVIATION
CONFERENCE (ECAC)
In 1953 a European conference convened on Co-ordination
of Air Transport in Europe (CATE), to discuss methods of
improving commercial and technical co-operation between
the airlines of the European countries participating in the
conference, as well as the possibility of securing closer
co-operation by the exchange of commercial rights between
the European countries.
ECAC OBJECTIVES
 Continuing the work of the CATE conference.

 Reviewing the development of intra-European air

transport with the object of improvement.

 Considering any special problem that might arise

from the above.
Summary

The Three Major Conventions

 Paris Convention
 Havana Convention
 Chicago Convention

The freedoms of the Air

 Technical freedoms
 Commercial Freedoms

Articles and Annexes of the Convention

The End