1.01.01 ICAO HISTORY

1.01 AIR LAW

FOUNDED IN 1944 ON CHICAGO CONVENTION

ICAO BASES

Convention on International Civil Aviation

Signed in 1944 in Chicago with 52 nation states,

ratification received on 4 April 1947

The headquarters of ICAO is in Montreal

Now- up to 191 Member States (countries) and 36

Members Governing Council

THE STATED AIM OF ICAO ICAO BASES

…of the Convention on International Civil Aviation and

subsequently the aims of ICAO are to ensure safety,

regularity and efficiency of international civil aviation

operations. In order to achieve that, the contracting states

are required to comply with the Standards and

Recommended Practices (SARPs)

PRINCIPLES AND FUNCTIONS ICAO BASES

Regulating air navigation

Encouraging the development of airways, airports and air

navigation facilities

Installation of navigation facilities by contracting states

Facilitation of air transport by the reduction of customs and

immigration formalities

Avoiding discrimination between Contracting States (including

financial)

Promoting the safety of flight in international aviation

MAIN DEFINITIONS ICAO BASES

Contracting State means any state which is party to the

Convention on International Civil Aviation signed at

Chicago on the 7 December 1944

The International Air Services Transit Agreement permits

aircraft of a signatory State to fly over, or land for technical

reasons in the territory of another signatory state

The International Air Transport Agreement allows the

carriage of traffic between the State of Registration and

another signatory state. (Traffic: the carriage of mail, cargo

or passengers)

MAIN DEFINITIONS ICAO BASES

High Seas are defined as the areas of sea outside the

territorial limits of any State

State of Registry - the State on whose register the aircraft is

entered

SARP - Standards and Recommended Practices

Scheduled Flight - internationally agreed routine flight

Cabotage - internal (domestic) scheduled commercial air

transport of other state of registry

HEADQUARTER STRUCTURE

The Assembly. The sovereign body of ICAO is the Assembly, which

meets at least once every three years and is convened by the Council

The Council. The Council of ICAO is a permanent body responsible to

the Assembly and is composed of 36 Contracting States elected by

the Assembly for a three-year term. The Council is the governing

body of ICAO.

The Commissions and Committees of ICAO are composed of

members, appointed by the Council, from nominations of contracting

states or elected from amongst Council members.

The ICAO Secretariat is divided into sections, each corresponding to a

Committee, and supplies technical and administrative aid to the

Council.

COMMISSION AND COMMITTEES STRUCTURE

The Air Navigation Commission

The Air Transport Committee

The Legal Committee

The Committee on Joint Support of Air Navigation Services

The Personnel Committee

The Finance Committee

The Committee on Unlawful Interference

Air Navigation Commission. This is the body that proposes,

formulates and finalizes the SARPs and presents them for

adoption by the Council

REGIONAL STRUCTURE STRUCTURE

ICAO is presented in the nine geographic regions are:

▪ AFI - Africa - Indian Ocean; NAM - North America; ASIA -

Asia; CAR - Caribbean; NAT - North Atlantic; EUR -

Europe; PAC - Pacific; MID - Middle East; SAM - South

America

ICAO maintains seven regional offices:

▪ Bangkok, Cairo, Dakar, Lima, Mexico City, Nairobi and

Paris

ANNEXES NO 1-9 ANNEXES OF CONVENTION

Annex 1. Personnel Licensing

Annex 2. Rules of the Air

Annex 3. Meteorological Services for International Air Navigation

Annex 4. Aeronautical Charts

Annex 5. Units of Measurement to be used in Air and Ground Operations

Annex 6. Operation of Aircraft

Annex 7. Aircraft Nationality and Registration Markings

Annex 8. Airworthiness of Aircraft

Annex 9. Facilitation (regulations and/or policies to support victims of civil aviation accidents and their families)

ANNEXES NO 10-19 ANNEXES OF CONVENTION

Annex 10. Aeronautical Telecommunications

Annex 11. Air Traffic Services

Annex 12. Search and Rescue

Annex 13. Aircraft Accident Investigations

Annex 14. Aerodromes

Annex 15. Aeronautical Information Services

Annex 16. Environmental Protection

Annex 17. Security

Annex 18. The Safe Transport of Dangerous Goods by Air

Annex 19. - Safety Management

1. PERSONNEL LICENSING ANNEXES OF CONVENTION

SARPs are established requiring each state to apply

standardization in the licensing of personnel involved in

international aviation:

▪ flight crew members (pilots, flight engineers)

▪ air traffic controllers

▪ maintenance technicians

2. RULES OF THE AIR ANNEXES OF CONVENTION

Standards and Recommended Practices for Rules of the Air

Most important will be discussed separately

7. AIRCRAFT NATIONALITY AND REGISTRATION MARKINGS

ANNEXES OF CONVENTION

requires Contracting States to apply standard procedures

for registration. It includes the format of registration marks

and nationality symbols, including the size and where

these signs are to be displayed on aircraft

8. AIRWORTHINESS OF AIRCRAFT ANNEXES OF CONVENTION

requires Contracting States to provide a Certificate of

Airworthiness, for each registered aircraft, declaring that

all aircrafts in operations are fit to fly

12. SEARCH AND RESCUE ANNEXES OF CONVENTION

In accepting contracted State status, each state

specifically undertakes to provide procedures and

facilities for Search and Rescue (SAR) within the territory

of that state

▪ Right to search the aircraft at territory of another state

without reasonable delay

▪ States have to bring possible support in SAR operations

17. SECURITY ANNEXES OF CONVENTION

Safeguarding International Civil Aviation against Acts of

Unlawful Interference

Establishes national civil aviation security programs

▪ To designate an authority responsible for security

▪ To keep the level of threat under constant review

▪ To co-ordinate activities with other relevant national agencies

and liaise with the corresponding authority in other States

Provides the Authority of the Commander. The aircraft

commander may order or authorize the assistance of other crew

members and may request and authorize, but not order, the

assistance of passengers to restrain any person he is required to

restrain.

18.THE SAFE TRANSPORT OF DANGEROUS GOODS BY AIR

ANNEXES OF CONVENTION

States are required by Annex 18 to have inspection and

enforcement procedures to ensure that dangerous goods

are being carried in compliance with the requirements.

TRANSIT FREEDOMS FREEDOMS OF THE AIR

First Freedom: The privilege to fly across the territory of

another participating state (country A) without landing.

Second Freedom: The privilege to land in another

participating state (country A) for non-traffic purposes (i.e.

refueling or repair, but not for uplift or discharge of traffic

passengers, cargo or mail)

Country A

AIR TRANSPORT FREEDOMS FREEDOMS OF THE AIR

Third Freedom: The privilege to put down in another state

(Country A) traffic taken on in the state of registration

(Home)

Fourth Freedom: The privilege to take on in another state

(Country A), traffic destined for the state of airline

registration (Home)

Fifth Freedom: The privilege for an airline registered in one

state (Home) and en-route to or from that state, to take on

traffic in a second state (Country A) and put them down in a

third state (Country B)

Country A

Home

Home

Country A

Country A

Country B

Home

WILL BE DISCUSSED LATER RULES OF THE AIR

Reporting hazardous situation

Low Flying Prohibitions

Avoiding aerial collisions

Landing and take-off

Aerobatic maneuvers

VFR / IFR rules

Practice instrument approaches

Right of way on the ground

…

THE WARSAW CONVENTION 1929 CONVENTIONS

Responsibilities and liabilities of the Carrier and

the Agents of aircraft together with matters of

compensation for loss of life or injury to

passengers; delays and loss of baggage

The loss, irregularity or absence of a ticket/note

does not affect the existence or the validity of

the contract

THE ROME CONVENTION OF 1952 CONVENTIONS

Damage caused by foreign aircraft to third parties on the

ground. It permits a claimant to pursue a claim against a

foreign operator through the Court in the state of

residence. Any resulting judgement would then be

enforceable in the state of the Operator.

TOKYO CONVENTION OF 1963 CONVENTIONS

This convention provides that the State of Registration of

an aircraft is competent to exercise jurisdiction over

offences and acts committed on board

The aircraft commander and others are empowered to

prevent such acts being committed and to deliver the

person concerned to the appropriate authority

States party to the Convention are obliged to take all

appropriate measures to restore and preserve control of

the aircraft to its lawful commander.

THE HAGUE CONVENTION OF 1970 CONVENTIONS

Convention for the Suppression of Unlawful Seizure of

Aircraft

▪ Denies the act of unlawful seizure of aircraft (hijacking)

▪ 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

THE MONTREAL CONVENTION OF 1971 CONVENTIONS

This Convention is correctly titled the Convention for the Suppression of Unlawful

Acts against the Safety of Civil Aviation. Came into force on 26 January 1973

Acts of violence on board which endanger people and property and the safety of

the airplane:

▪ 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

▪ Placing in an aircraft any device likely to destroy or damage the 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

CONVENTIONS

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 intentional 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 intentional and unlawful use of any device, substance or weapon to:

▪ Destroy or seriously damage the facilities of an airport

▪ Destroy or seriously damage aircraft not in service at the airport

▪ Disrupt the services at an airport

THE EUROPEAN CIVIL AVIATION CONFERENCE (ECAC) 1955

ASSOCIATED

ORGANIZATIONS

Includes all EU countries (members of ICAO). Is the only

forum for consideration of major civil aviation topics relevant

to all European states

Harmonize civil aviation policies and practices amongst its

member states

Promote understanding on policy matters between member

states and other parts of the worldhttps://www.ecac-ceac.org/

THE JOINT AVIATION AUTHORITIES (DISCONTINUED)

ASSOCIATED

ORGANIZATIONS

Was an associated body of ECAC representing the civil

aviation regulatory authorities of a number of European

States who have agreed to co-operate in developing and

implementing common safety regulatory standards and

procedures

All functions handled to EASA

Now JAA - is a training organization

https://jaato.com/

THE EUROPEAN AVIATION SAFETY AGENCY (EASA)

ASSOCIATED

ORGANIZATIONS

Its mission is to promote the highest common standards of safety and

environmental protection in civil aviation.

Rulemaking: drafting safety legislation and providing technical advice to the

European institutions and the member states

Inspections, training and standardization programs to ensure uniform

implementation of European aviation safety legislation in all member states

Safety and environmental type-certification of aircraft, engines and parts

Approval and oversight of aircraft design organizations world-wide and of

production and maintenance organizations outside the EU

Data collection, analysis and research to improve aviation safety

https://www.easa.europa.eu/

FEDERAL AVIATION ADMINISTRATION (FAA)

ASSOCIATED

ORGANIZATIONS

The Federal Aviation Administration is the aviation authority

of the United States of America.

It is responsible for setting up the federal aviation

regulations (FAR), which are binding for all flight operations

in the US.

The FAA also provides air traffic control service at most

control towers and all en-route air traffic control centers.

http://www.faa.gov/

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