17

AIRLAW
all
not onlyover
each stateexercisessovereignty
pointedearlier theoriesregarding
Air-Space.-As There are several
the but alsooverair-space.
territory, exercisescontroloverits
landswithin to one vieweach state
controlover itand
air-space.ACCording
eSOvereigntyover It isentitled to exercisecomplete
pto an
unlimited height. Thisview has been
of aircraft of other statesinthisarea.
air-space the entry and technological developments
ay not permit because in view of scientific foreach stateto
to criticism Itisnot possible
ahiected at a very high altitude. of its
and space-craft
aircraft
can fly and, therefore, thisview loses much
unlimitedheight
vercise controlover
strataofthe air
relevance. stateexercises controlover the lower
to anotherview each to be a betterview
According is limited to thatextent.Thisseems exercise
only
itssovereignty when the statecan
sDace and can be effective
only have
above view becausesovereignty and claimthatthey
thanthe in states do not accept thisview an urgent
over it.But practice, area.There is, therefore,
up to an unlimited
control
over their
air-space
sovereignty law inthisconnection.
rulesof international
definite international
need of evolving
isgenerallygoverned by
Navigation
Aerial Navigation.-Aerial are as follows:
The most importantofthem
treaties.
Navigation, 1919;
ParisConventionofAerial
Havana Convention;
1929;
3 Warsaw Convention,
1944-Thisconvention
place
occupiesa significant
The convention
4) ChicagoConvention,
or conventionsregarding
treaties
aerialnavigation.
among the and exclusive sovereignty
the principlethatevery Statehas complete to Civil
recognised The Conventionapplies only
above its territory.
over the air-space used inmilitary customs and police
Stateaircraft
aircraftand does not apply to over the territoryof
No Stateaircraft of a contractingStateshallfly or
services. specialagreement
Stateor land thereon withoutauthorisationby thatno
another
withthe terms thereof.Itfurtherprovided of
otherwiseand inaccordance or intothe territory
Air Servicemay be operatedover
scheduled International
the specíalpermission or other authorizationof
state,except with or authorization.
contracting with the terms of such permission
thatStateand inaccordance were also declared under this
53 and
states fivefreedoms of air
Itwas signedby
convention: CivilAviation
the Convention on International
established
The Chicago Convention of theU.N.whichestablished rulesof air-
a airagency to
Organisation (ICAO), specialized detailstherightsof the signatories inrelation
and safetyand
space, aircraft
registration thisConvention.(ItincludesCook Islands
So far192 Statepartieshave ratified
ar
and
ravel.
Liechtenstein and Dominica).
U.N.members except
all 5 freedoms of
of 1944 declaredthefollowing
ive freedoms of Air.'-Convention
theair
withoutlanding;
territory
Freedom toflyacrosstheforeign
forP.C.S.
Seealso (1984)Q.6.
[123]
 INTERNATIONALLAW &HUMAN RIGHTS
124
CHAP.11
iFreedomtolandfornon-traffic purposes;
in loreign traffic
territory,
(iiFreedomto disembark natingin
inthe
originating
of thecraft: state
of
origin the

(v).Freedom topick-upinforeigncountry,traffic
destinedforthe state of
stateof
the
oftheaircraft;

()Preedomtocarrytraffic
between two foreign
countries.
Inorder to giveconcrete shape of thc above fivefreedoms, the
a
following
agreementswere enteredinto: two

(i)The AirServiceAgreement,1944.-This
International agreem
two freedoms. Itisan agreement which
incorporatedthe first ent
two
to allowInternational
Commercial air transportbetween their nations
sign
territories
on Chicago nventionitisthus,a bilateral system. Based

iiThe AirTransportAgreement,1944.-This
International
agre ment
thelastthreefreedoms.
incorporated
The First ofthe stateswhereas the
agreement was signedby the majority second was
signedonly by a few states.
A briefreference may also be made here to the International Civil Aviation
Organisation(ICAO) which was establishedin 1947.As of November 2011, ICAO had
191 members. ICAO has standardizedcertainfunctionsfortheuse in the airline industy
such as Aeronautical Message Handling (AMHS) it a
System making standards
The ICAO has made many rules relatingto International
organization. Air Transport and
AirTraffic.
International Followingaresome ofthe treatiesadopted undertheICAO:
1948 of
Convention of ontheInternational Recognition RightsinAircraft.
,
enteredintoforceon 17th September, 1953.

Rome Convention of1952

on
damage caused by foreign
aircraft
to theirpartyon
on 12thOctober, 1929 and came
Warsaw Convention
the service. was signed
intoforceon 13th February,1933.So farithas 152 parties.
of amendments of the Warsaw Convention,
Protocol, 1929 concerningthe
of theAir Carrierto passengersand Cargo concluded atHague in1955
liability
as in 1971.

CaseofBanningofPakistaniAir through IndianTerritory

Flights orJurisdiction
of
L.C.A.O.
Council I.C.J.
(Indiav. Pakistan), (1972) 46 ff:
Reports pp.
n 1971,antheIndianaircraft
was hijackedand was taken to Pakistan. Insteadof
appiehending hijackersand punishing them or returningthem to Inala
OvernmentofPakistanindirectly encouraged the hijackers. Subsequently,the Indian
Dlanewas burntat thePakistanairport. theGovernment ofIndia
As a reprisal, banaedal
Pakistaniair-flights through Indianterritory, thereupon the Government of rak
lodged a complaint inthe Councilof I.C.A.Ó. The Government of Indiachallengethe
jurisdiction of the Councilof I.A.A.O. an
to hear and decide this
aidt
complaint filed.
applicationin the InternationalCourt of Justicein thisconnection.The Inte tional
ide
Court of Justicedecided in 1972 thatthe Council tohearand
has the jurisdiction
thecomplaintfiledby Pakistan.The World court,however,didnot dwellupou merits
of thecase.
ed
Subsequently,Indiaand PakistanenteredintoSimlaAgreement whereinthey
theirdisputes
tosettle Later on Pakistanwithdrew itscase
bilaterally. .C.A.0.
Counciland Indiaallowedthe TO
to be resumed.
overflights