International law: conventions, agreements and organisations
International law depends on agreements and treaties between states. Trade and transport
is regulated by agreed laws. Agreements and treaties bind states which agreed to them.
Founding states can agree a convention, which can be adopted by others and does not
require new treaties.
Agreements, treaties and conventions that govern how states behave is public international
law. How individuals act, their responsibilities and liabilities is private international law.
● Territory is land and sea within 12 NM of shore line and unlimited vertically.
● Sovereignty is right of the state to apply laws and customs.
● Suzerainty is the authority of a dominant state over a subordinate state.
ICAO and the Chicago convention (1944)
Held in Chicago, attended by 52 states. Compromises 96 articles under 19 annexes, based
on document 7300/9. It produced both Air Transit (no commercial intention) Agreement and
Air Transport Agreement (commercial intention).
Aims of Chicago Convention
Article 44 (aims of ICAO) - to develop principles and techniques of international air
navigation and foster the planning and development of international air transport as to:
● Ensure the safe and orderly growth of international civil aviation throughout the world.
● Encourage the arts of AC design and operation for peaceful purposes.
● Encourage development of airways, airports and air navigation for int civil aviation.
● Meet needs of the people of the world for safe, regular,efficient and economical air
transport.
● Prevent economic waste caused by unreasonable competition.
● Ensure the rights of CS are respected that that every CS has a fair opportunity to
operate int airlines.
● Avoid discrimination between CS.
● Promote safety of flight in int air navigation.
● Promote development of all aspects of int civil aeronautics.
Article 43 - establishes ICAO. ICAO responsible for amending and updating 19 annexes.
Article 37 - Authorises International Standards and Procedures (SRAPS). 19 annexes detail
these.
Structure - 1. Air Navigation 2. ICAO 3. International Air Transport 4. Final Provisions. 96
articles, 4 parts, 19 annexes.
General principles and applications (articles 1-4 of air nav articles)
Article 1, SOVEREIGNTY - CS recognise every state has complete and exclusive
sovereignty over the airspace above its territory.
Article 2, TERRITORY - territory of a state is deemed to be the land areas and territorial
waters under the sovereignty, suzerainty, protection or mandate of such state.
,Flight over territory of CS (5-12 and 16)
Article 5, RIGHT OF NON-SCHEDULED FLIGHT - each CS agrees all civilian AC of their
CS not engaged in scheduled international air services have the right to fly into / over its
territory to land for non-traffic purposes without the need to seek prior permission by the
state being overflown may require the AC to land, rather than transit. Charter flights eg.
Article 10, LANDING AT CUSTOMS AIRPORT - unless AC permitted to cross territory of a
CS without landing, every AC which enters territory of a CS shall if required land at and
depart from a customs airport. Info on all customs airports shall be published by the States
and transmitted to ICAO.
NATIONALITY OF AIRCRAFT (17-20)
Article 17 - NATIONALITY OF AC - AC have nationality of the state in which they are
registered.
CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 29 - DOCUMENTS CARRIED IN AC - certificate of registration, certificate of
airworthiness, appropriate licenses for each crew member of the crew, journey logbook, if
equipped with radio apparatus, aircraft radio station license, if carries PAX, list of their
names and places of embarkation and destination, if carries cargo, a manifest and detailed
declarations of the cargo. Hot cargo is hazardous cargo.
INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICE
Article 39 - ENDORSEMENT OF CERTIFICATES AND LICENSES - CofA must be endorsed
if an AC fails to meet ICAO standards. Licenses must be endorsed if holder doesn’t meet
conditions laid out by ICAO to hold such a licence.
STANDARDS AND RECOMMENDED PRACTICES SARPS
Most detail of int law is in the 19 annexes, that contain the SARPS. Mandatory for all CS.
● Standards - all member states expected to .incorporate Standards into their aviation
law.
● Recommended practices - procedures which States are recommended to adopt.
If you are not going to follow these rules, your deviations from SARPs must be notified to
ICAO within 3 months of adoption and publication by ICAO, plus an additional month for
preparation and transit. ICAO will publish the deviation in a supplement to the relevant
Annex and must be published in State’s AIP. SERA Standard European Rules of the Air are
the deviations for Europe. This depends on ICAO Annex 2. When flying in Europe you must
follow SERA rules. Deviations become effective more than 4 months after notification of the
SARP is received by the State.
PANS - ICAO publishes Procedures (documents) for Navigation Services which are
recommendations for member states. They have a lower status than SARPs, and member
,states don’t have to notify ICAO if they don’t accept the invitation. ICAO publish 40 ish
manual and circulars for guidance and info.
STRUCTURE OF ICAO
1. Assembly - representatives from all CS. sovereign body, meets every 3 years.
2. Council - governing body composed of 36 states. Elected by Assembly for a 3 year
term.
3. Air Navigation Commission and Air Transport Committee - assist the council in
technical and economic matters respectively.
ICAO Regional Offices are in Montreal, Mexico City, Lima, Dakar, Paris, Cairo, Nairobi,
Bangkok.
Annex 19 - Safety Management
Most important ones for P0: 1, 2, 7, 8, 9, 11, 12, 13, 14, 15, 17
TECHNICAL ANNEXES - Annex 1 PERSONNEL LICENSING - chapters:
1. Definitions and general rules concerning licenses.
2. Licenses and ratings for pilot:
1. General rules concerning pilot licenses and ratings 2. Student pilot 3. PPL
4. CPL 5. Multi crew pilot licence appropriate to the aeroplane category 6.
ATPL 7. IR 8. FI rating appropriate to aeroplanes, airships, helicopters and
powered lifts 9. Glider pilot licence 10. Free balloon pilot licence.
3. Licenses for flight crew members other than licenses for pilots:
1. General rules concerning flight navigator and flight engineer licenses. 2.
Flight navigator licence 3. Flight engineer licence 4. Flight radiotelephone
operator.
, 4. Licenses and ratings for personnel other than flight crew members
1. General rules concerning licenses and ratings for personnel other than
flight crew members. 2. AC maintenance (technician/ engineer/ mechanic). 3.
Student ATController 4. ATController licence 5. ATController ratings 6. Flight
ops officer/ flight dispatcher licence 7. Aeronautical station operator licence 8.
Aeronautical meteo personnel
5. Specifications for personnel licenses
6. Medical provisions for licensing:
1. Medical assessments - general 2. Requirements for medical assessments
3. Class 1 medical assessment 4. Class 2 medical assessment 5. Class 3
medical assessment.
Annex 2 - RULES OF THE AIR - chapters:
1. Definitions.
2. Applicability of rules of the air:
1. Territorial application of the rules of the air 2. Compliance with the rules of
the air 3. Responsibility for compliance with the rules of the air 4. Authority of
PIC of an AC 5. Problematic use of psychoactive substances.
3. General rules:
1. Protection of persons and property 2. Avoidance of collisions 3. Flight plans
4. Signals 5. Time 6. ATCS 7. Unlawful interference 8. Interception 9. VMC
visibility and distance from cloud minima.
4. VFR.
5. IFR:
1. Rules applicable to all IFR flights 2. Rules applicable to IFR flights within
controlled airspace 3. Rules applicable to IFR flights outside controlled
airspace.
Annex 3 - METEO SERVICE FOR INTERNATIONAL AIR NAVIGATION - chapters:
1. Definitions and terms used with a limited meaning.
2. General provisions.
3. World area forecast system and meteo offices.
4. Meteo observations and reports.
5. AC observations and reports.
6. Forecasts.
7. Sigmet and airmet info, aerodrome warnings and wind shear warnings and alerts.
8. Aeronautical climatological info.
9. Service for operators and flight crew members.
10. Info for ATS, SAR services and aeronautical info services.
11. Requirements for and use of comms.
Annex 4 - AERONAUTICAL CHARTS:
● Contains SARPs for 17 types of aeronautical charts.
● ICAO does’t produce these charts - they are published and distributed by civil
aviation authorities of ICAO member States.
● Planning and visual navigation charts:
○ Aeronautical chart - ICAO small scale.
○ World aeronautical chart - ICAO 1:1,000,000.
International law depends on agreements and treaties between states. Trade and transport
is regulated by agreed laws. Agreements and treaties bind states which agreed to them.
Founding states can agree a convention, which can be adopted by others and does not
require new treaties.
Agreements, treaties and conventions that govern how states behave is public international
law. How individuals act, their responsibilities and liabilities is private international law.
● Territory is land and sea within 12 NM of shore line and unlimited vertically.
● Sovereignty is right of the state to apply laws and customs.
● Suzerainty is the authority of a dominant state over a subordinate state.
ICAO and the Chicago convention (1944)
Held in Chicago, attended by 52 states. Compromises 96 articles under 19 annexes, based
on document 7300/9. It produced both Air Transit (no commercial intention) Agreement and
Air Transport Agreement (commercial intention).
Aims of Chicago Convention
Article 44 (aims of ICAO) - to develop principles and techniques of international air
navigation and foster the planning and development of international air transport as to:
● Ensure the safe and orderly growth of international civil aviation throughout the world.
● Encourage the arts of AC design and operation for peaceful purposes.
● Encourage development of airways, airports and air navigation for int civil aviation.
● Meet needs of the people of the world for safe, regular,efficient and economical air
transport.
● Prevent economic waste caused by unreasonable competition.
● Ensure the rights of CS are respected that that every CS has a fair opportunity to
operate int airlines.
● Avoid discrimination between CS.
● Promote safety of flight in int air navigation.
● Promote development of all aspects of int civil aeronautics.
Article 43 - establishes ICAO. ICAO responsible for amending and updating 19 annexes.
Article 37 - Authorises International Standards and Procedures (SRAPS). 19 annexes detail
these.
Structure - 1. Air Navigation 2. ICAO 3. International Air Transport 4. Final Provisions. 96
articles, 4 parts, 19 annexes.
General principles and applications (articles 1-4 of air nav articles)
Article 1, SOVEREIGNTY - CS recognise every state has complete and exclusive
sovereignty over the airspace above its territory.
Article 2, TERRITORY - territory of a state is deemed to be the land areas and territorial
waters under the sovereignty, suzerainty, protection or mandate of such state.
,Flight over territory of CS (5-12 and 16)
Article 5, RIGHT OF NON-SCHEDULED FLIGHT - each CS agrees all civilian AC of their
CS not engaged in scheduled international air services have the right to fly into / over its
territory to land for non-traffic purposes without the need to seek prior permission by the
state being overflown may require the AC to land, rather than transit. Charter flights eg.
Article 10, LANDING AT CUSTOMS AIRPORT - unless AC permitted to cross territory of a
CS without landing, every AC which enters territory of a CS shall if required land at and
depart from a customs airport. Info on all customs airports shall be published by the States
and transmitted to ICAO.
NATIONALITY OF AIRCRAFT (17-20)
Article 17 - NATIONALITY OF AC - AC have nationality of the state in which they are
registered.
CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 29 - DOCUMENTS CARRIED IN AC - certificate of registration, certificate of
airworthiness, appropriate licenses for each crew member of the crew, journey logbook, if
equipped with radio apparatus, aircraft radio station license, if carries PAX, list of their
names and places of embarkation and destination, if carries cargo, a manifest and detailed
declarations of the cargo. Hot cargo is hazardous cargo.
INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICE
Article 39 - ENDORSEMENT OF CERTIFICATES AND LICENSES - CofA must be endorsed
if an AC fails to meet ICAO standards. Licenses must be endorsed if holder doesn’t meet
conditions laid out by ICAO to hold such a licence.
STANDARDS AND RECOMMENDED PRACTICES SARPS
Most detail of int law is in the 19 annexes, that contain the SARPS. Mandatory for all CS.
● Standards - all member states expected to .incorporate Standards into their aviation
law.
● Recommended practices - procedures which States are recommended to adopt.
If you are not going to follow these rules, your deviations from SARPs must be notified to
ICAO within 3 months of adoption and publication by ICAO, plus an additional month for
preparation and transit. ICAO will publish the deviation in a supplement to the relevant
Annex and must be published in State’s AIP. SERA Standard European Rules of the Air are
the deviations for Europe. This depends on ICAO Annex 2. When flying in Europe you must
follow SERA rules. Deviations become effective more than 4 months after notification of the
SARP is received by the State.
PANS - ICAO publishes Procedures (documents) for Navigation Services which are
recommendations for member states. They have a lower status than SARPs, and member
,states don’t have to notify ICAO if they don’t accept the invitation. ICAO publish 40 ish
manual and circulars for guidance and info.
STRUCTURE OF ICAO
1. Assembly - representatives from all CS. sovereign body, meets every 3 years.
2. Council - governing body composed of 36 states. Elected by Assembly for a 3 year
term.
3. Air Navigation Commission and Air Transport Committee - assist the council in
technical and economic matters respectively.
ICAO Regional Offices are in Montreal, Mexico City, Lima, Dakar, Paris, Cairo, Nairobi,
Bangkok.
Annex 19 - Safety Management
Most important ones for P0: 1, 2, 7, 8, 9, 11, 12, 13, 14, 15, 17
TECHNICAL ANNEXES - Annex 1 PERSONNEL LICENSING - chapters:
1. Definitions and general rules concerning licenses.
2. Licenses and ratings for pilot:
1. General rules concerning pilot licenses and ratings 2. Student pilot 3. PPL
4. CPL 5. Multi crew pilot licence appropriate to the aeroplane category 6.
ATPL 7. IR 8. FI rating appropriate to aeroplanes, airships, helicopters and
powered lifts 9. Glider pilot licence 10. Free balloon pilot licence.
3. Licenses for flight crew members other than licenses for pilots:
1. General rules concerning flight navigator and flight engineer licenses. 2.
Flight navigator licence 3. Flight engineer licence 4. Flight radiotelephone
operator.
, 4. Licenses and ratings for personnel other than flight crew members
1. General rules concerning licenses and ratings for personnel other than
flight crew members. 2. AC maintenance (technician/ engineer/ mechanic). 3.
Student ATController 4. ATController licence 5. ATController ratings 6. Flight
ops officer/ flight dispatcher licence 7. Aeronautical station operator licence 8.
Aeronautical meteo personnel
5. Specifications for personnel licenses
6. Medical provisions for licensing:
1. Medical assessments - general 2. Requirements for medical assessments
3. Class 1 medical assessment 4. Class 2 medical assessment 5. Class 3
medical assessment.
Annex 2 - RULES OF THE AIR - chapters:
1. Definitions.
2. Applicability of rules of the air:
1. Territorial application of the rules of the air 2. Compliance with the rules of
the air 3. Responsibility for compliance with the rules of the air 4. Authority of
PIC of an AC 5. Problematic use of psychoactive substances.
3. General rules:
1. Protection of persons and property 2. Avoidance of collisions 3. Flight plans
4. Signals 5. Time 6. ATCS 7. Unlawful interference 8. Interception 9. VMC
visibility and distance from cloud minima.
4. VFR.
5. IFR:
1. Rules applicable to all IFR flights 2. Rules applicable to IFR flights within
controlled airspace 3. Rules applicable to IFR flights outside controlled
airspace.
Annex 3 - METEO SERVICE FOR INTERNATIONAL AIR NAVIGATION - chapters:
1. Definitions and terms used with a limited meaning.
2. General provisions.
3. World area forecast system and meteo offices.
4. Meteo observations and reports.
5. AC observations and reports.
6. Forecasts.
7. Sigmet and airmet info, aerodrome warnings and wind shear warnings and alerts.
8. Aeronautical climatological info.
9. Service for operators and flight crew members.
10. Info for ATS, SAR services and aeronautical info services.
11. Requirements for and use of comms.
Annex 4 - AERONAUTICAL CHARTS:
● Contains SARPs for 17 types of aeronautical charts.
● ICAO does’t produce these charts - they are published and distributed by civil
aviation authorities of ICAO member States.
● Planning and visual navigation charts:
○ Aeronautical chart - ICAO small scale.
○ World aeronautical chart - ICAO 1:1,000,000.
