Airlaw – INTERNATIONAL LAW – 010 01 01 00

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X means BK or basic knowledge, LO may be hidden in questions.

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INTERNATIONAL LAW: CONVENTIONS, AGREEMENTS AND ORGANISATIONS

010 01 01 00 The Convention on International Civil Aviation (Chicago) — ICAO Doc 7300/9Convention on the High Seas (Geneva, 29 April 1958)

010 01 01 01 The establishment of the Convention on International Civil Aviation, Chicago, 7 December 1944

(01) X Explain the circumstances that led to the establishment of the Convention on International Civil Aviation, Chicago, 7 December 1944.

The need to enable the development of international civil aviation.

Source: ICAO Doc 7300/9 Preamble

010 01 01 02 Part I — Air navigation

(01) X Recall the general contents of relevant parts of the following chapters:

— general principles and application of the Convention;

Rights and obligations of contracting states without compromising sovereignty

— flight over territory of Contracting States;

The ability to fly to or over contracting states without unnecessary complication.

— nationality of aircraft;

The nationality of an aircraft is the state of registry

— international standards and recommended practices (SARPs), especially notification of differences and validity of endorsed certificates and licences.

Contained within the 19 annexes. Standards are mandatory, recommended practices should be adopted by each state. Deviations must be notified within 60 days. Must be published in the AIP too.

Source: ICAO Doc 7300/9 Part 1, Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, 17, 18, 19, 20, 37, 38, 39, 40

(02) X General principles

Describe the application of the following terms in civil aviation:

— sovereignty;

Freedom from external influence or control, autonomy.

— territory and high seas according to the UN Convention on the High Seas.

Thr land areas and adjacent territorial waters under the sovereignty, suzerainty or mandate of the state.

Source: Convention on the High Seas (Geneva, 29 April 1958) Articles 1, 2; ICAO Doc 7300/9 Part 1, Articles 1, 2

(03) Explain the following terms and how they apply to international air traffic:

— right of non-scheduled flight (including the two technical freedoms of the air);

All aircraft of other contracting states (not scheduled service) have the right to fly into or overfly its territory

To make stops for non-traffic reasons without permission.

The state may require the aircraft to land.

The aircraft is allowed to take on or discharge passengers, cargo or mail.

The state may impose regulations, conditions or limitations.

The state may require the aircraft to follow prescribes route for flight safety reasons (limited nav facilities)

— scheduled air services;

No scheduled air service may operate without permission and then only in accordance with the terms of that state.

— cabotage;

The right to operate in another state. Domestic operation by another state. States can refuse but must all state or no states.

— landing at customs airports;

Aircraft entering a contracting state’s airspace must land at a designated airport for customs and/or examinations. It must also depart from such an airport. These airports must be published to all states and ICAO.

— Rules of the Air;

Each state must make sure aircraft flying in its territory comply with the rules of the air (as close to ICAO as possible).

ICAO rules over the high seas.

Each state agrees to prosecute offenders.

— search of aircraft.

States have the right to search without unreasonable delay, aircraft or documentation.

Source: ICAO Doc 7300/9, Articles 5, 6, 7, 10, 12, 16

(04) X Explain the duties of Contracting States in relation to:

— documents carried on board the aircraft:

• R

certificate of registration;

• A

certificates of airworthiness; Issued or validated by state of registration.

• L

licences of personnel;Issued or validated by state of registration.

• R

recognition of certificates and licences; Issued or validated by state of registration.

Must also carry:

Radio, journey log, passenger names(embark and disembark detail. Cargo manifest and detailed decleration.

— C

cargo restrictions; Munitions and war stuff not allowed, the state can decide what constitutes these without discrimination between contracting states or equipment necessary for navigation.

— P

photographic apparatus. States may ban such equipment.

Source: ICAO Doc 7300/9, Articles 29, 31, 32, 33, 35, 36

010 01 01 03 Part II — The International Civil Aviation Organization (ICAO)

(01) X Describe the objectives of ICAO.

Ensure the safe and orderly growth of international civil aviation throughout the world.
Encourage arts of aircraft design and operation.
Encourage the development of airways, airports and air navigation facilities.
Meet the need for safe, regular, efficient and economical air transport.
Prevent waste caused by unreasonable competition.
Ensure the rights of Contracting States are fully respected.
Avoid discrimination between Contracting States.
Promote the safety of flight in international aviation.
Generally promote all aspects of international civil aeronautics.

Source: ICAO Doc 7300/9, Article 44

(02) X Recognise the organisation and duties of the ICAO Assembly, Council and Air Navigation Commission (ANC).

Assembly
Elect president and officers-Elect States represented on the council-Act on reports from the council-Determine rules of procedure-Budgets-Refer to the council-Delegate to the council-Consider proposals-Deal with anything the council doesn’t.
Council
Responsible to the assembly26 delegates from contracting StatesElection every 3 years-Submit reports to assembly-Perform tasks from assembly-Define structure and procedure-Appoint air transport committee-form ANC-ICAO financials-Study info relevant to safe navigation-report violations-adopt SARPS. Blah blah blah….
ANC
Reviews the annexes and proposes to the council.

Source: ICAO Doc 7300/9, Articles 48, 49, 50, 54, 56, 57

(03) X Describe the 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 – Aircraft Nationality and Registration Marks
Annex 8 – Airworthiness of Aircraft
Annex 9 – Facilitation
Annex 10 – Aeronautical Telecommunications
Annex 11 – Air Traffic Services
Annex 12 – Search and Rescue
Annex 13 – Aircraft Accident and Incident Investigation
Annex 14 – Aerodromes
Annex 15 – Aeronautical Information Services
Annex 16 – Environmental Protection
Annex 17 – Security
Annex 18 – The Safe Transportation of Dangerous Goods by Air
Annex 19 – Safety Management

Source: ICAO Doc 7300/9, Articles 54, 90, 94, 95

010 01 02 00 Other conventions and agreements

010 01 02 01 The International Air Services Transit Agreement (ICAO Doc 7500)

(01) Explain the two technical freedoms of the air.

International Air Services Transit Agreement:

1st The right of an aircraft of one State to overfly another without landing.

2nd The right of aircraft from one State to land in another for technical reasons.

Source: ICAO Doc 7500

010 01 02 02 The International Air Transport Agreement (ICAO Doc 9626)

(01)

Explain the three commercial freedoms of the air.

International Air Transport Agreement:

3rd – Allows passengers AND freight from the home state to be set down in another.

4th – Allows passengers AND freight to be picked up again….

5th – Allows passengers to be picked up or set down from states other than the home State.

Source: ICAO Doc 9626

010 01 02 03 Suppression of Unlawful Acts Against the Safety of Civil Aviation — The Montreal Convention of 1988

(01) Describe the measures and actions to be taken by the pilot- in-command (PIC) of an aircraft in order to suppress unlawful acts against the safety of the aircraft.

Require or authorise crew to act and authorise or request passengers act. Tokyo 1963?

Source: ICAO Doc 9518 — Protocol supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 23 September 1971, and signed at Montreal on 24 February 1988

010 01 02 04 Intentionally left blank

010 01 02 05 International private law

(01) Explain the legal significance of the issue of a passenger ticket or of baggage/cargo documents (that the issue is a form of contract).

(02) Describe the consequences for an airline or the PIC when a passenger ticket is not issued (that the contract is unaffected).

(03) X Explain the consequences for an airline operator of Regulation (EC) No 261/2004 on passenger rights in the event of delay, cancellation or denial of boarding

Source: Regulation (EC) No 261/2004

(04) Explain the liability limit in relation to destruction, loss, damage or delay of baggage.

1131 SDRs per passenger (Special Drawing Rights)

010 01 03 00 World organisations

010 01 03 01 The International Air Transport Association (IATA)

(01) Describe the objectives of IATA.

Source: http://www.iata.org/about/pages/mission.aspx

010 01 04 00 European organisations

010 01 04 01 European Aviation Safety Agency (EASA) Regulation (EC) No 216/2008

(01) X Describe the objectives of EASA.

Establish and maintain a high, uniform level of civil aviation within the EU.

(02) Describe the role of EASA in European civil aviation.

(03) State that the structure of the regulatory material related to EASA involves:

— hard law (regulations, implementing rules);

Must be followed – Regulations (Authority maintained rules and directives. Delegated Acts (Supplement or amend existing law but cannot change basic legal element). Implementing Acts (Legally binding to ensure regulations are introduced fairly and uniformly). Implementing rules (Binding legislation which specifies a high level of safety with uniform conformity and compliance).

— soft law (certification specifications, acceptable means of compliance, guidance material).

Guidance: CS – Certification specifications (Technical standards to meet requirements). AMC – Acceptable means of compliance (Examples of applied law). GM – Guidance material (Non-binding explanatory and interpretation material on how to achieve requirements)

(04) State the meaning of the terminology associated with the EASA regulations’ structure, specifically: regulations; implementing rules; certification specifications; acceptable means of compliance; guidance material.

regulations
Authority-maintained rules and directives
implementing rules
Binding legislation used to specify a high level of safety with uniform compliance.
certification specifications
Technical standards aimed at meeting requirements.
acceptable means of compliance
Explanations and examples of applied law that are acceptable to the Authority.
guidance material
Non-binding explanatory and interpretation material on how to achieve requirements.

010 01 04 02 EUROCONTROL

(01) X Describe the Single European Sky (SES) regulations.

A number of large but functionally common airspace blocks based on efficiency rather than territorial borders.