CONVENTIONS Rapid development of aviation has brought some international problems such as: The...

CONVENTIONSCONVENTIONS

Rapid development of aviation has brought some Rapid development of aviation has brought some international problems such as:international problems such as:The coordination of operational techniques and The coordination of operational techniques and lawslawsThe dissemination (spreading widely) of technical The dissemination (spreading widely) of technical and economic information far beyond the ability of and economic information far beyond the ability of individual governments to solve.individual governments to solve.

The need for safety and reliability in air The need for safety and reliability in air transportation involves:transportation involves:

* Building airports* Building airports

* Setting up navigation aids* Setting up navigation aids

* Establishing weather reporting systems* Establishing weather reporting systems

The standardization of operational practices The standardization of operational practices for international services is fundamental for international services is fundamental importance so that no error may be caused by importance so that no error may be caused by misunderstanding or inexperience. misunderstanding or inexperience.

The establishment of such standards or The establishment of such standards or rules of the air, of air traffic control, of rules of the air, of air traffic control, of personnel licensing and of the design of personnel licensing and of the design of airplanes and airports and other airplanes and airports and other considerations of prime importance to the considerations of prime importance to the safety and economic viability of safety and economic viability of international aviation all require more than international aviation all require more than national action.national action.

As the airplane developed during the first As the airplane developed during the first decade of 20decade of 20th th century, the question arose century, the question arose as to the sovereignty of each nation in the as to the sovereignty of each nation in the airspace above it. airspace above it.

“ “Should airspace above a nation be Should airspace above a nation be considered within the sovereignty of each considered within the sovereignty of each nation or should airspace, like the high nation or should airspace, like the high seas, be considered international?”seas, be considered international?”

Two principle theories of national Two principle theories of national sovereignty of airspace were advocated by sovereignty of airspace were advocated by international jurists:international jurists:

1.1. The air is free and therefore that individual The air is free and therefore that individual states have no authority over it, either in states have no authority over it, either in time of peace or in time of war, except time of peace or in time of war, except when necessary for self-preservation.when necessary for self-preservation.

2. 2. The opposing view held that the individual The opposing view held that the individual states indeed have a right of sovereignty states indeed have a right of sovereignty over the airspace above their soil. They over the airspace above their soil. They claimed that aircraft flying only a few miles claimed that aircraft flying only a few miles over the land are in a position to observe, over the land are in a position to observe, photography and obtain data that might be photography and obtain data that might be used to the disadvantage of the nation used to the disadvantage of the nation over which the aircraft are flownover which the aircraft are flown

As the close of World War I, in November As the close of World War I, in November 1918, the problems of international air 1918, the problems of international air control became an important subjects at control became an important subjects at the peace conference. The secretary of the peace conference. The secretary of the Inter-Allied Aviation Committee the Inter-Allied Aviation Committee proposed that the committee be proposed that the committee be constituted as an organization for constituted as an organization for international air regulation.international air regulation.

THE PARIS CONVENTION-1919THE PARIS CONVENTION-1919

Representatives from the allied and Representatives from the allied and associated nations met in Paris in 1919 and associated nations met in Paris in 1919 and formed the International Commissions for Air formed the International Commissions for Air Navigation and enacted the International Air Navigation and enacted the International Air Navigation Code, usually referred to as Paris Navigation Code, usually referred to as Paris Convention of 1919.Convention of 1919.

The war experiences and the unity of the The war experiences and the unity of the allies tended to promote agreement allies tended to promote agreement among them. With the convention, some among them. With the convention, some principles were drawn up. These principles principles were drawn up. These principles served as guides to 3 sub-commissions on served as guides to 3 sub-commissions on technical problems; legal problems and technical problems; legal problems and military affairs that drafted the text of the military affairs that drafted the text of the convention and its annexes.convention and its annexes.


On October 13, 1919, the convention, with its On October 13, 1919, the convention, with its annexes, was agreed upon, adopted and opened annexes, was agreed upon, adopted and opened the signature by the representatives of 32 allied the signature by the representatives of 32 allied and associated powers represented at the peace and associated powers represented at the peace conference. The 34 articles covered the conference. The 34 articles covered the reservation of sovereignty of airspace by the reservation of sovereignty of airspace by the contracting nations;contracting nations;


-each nation’s registry of aircraft-each nation’s registry of aircraft

-the issuance of certificates of airworthiness and -the issuance of certificates of airworthiness and competence by each contracting nationcompetence by each contracting nation

-the flight of aircraft across foreign territory-the flight of aircraft across foreign territory

-international aircraft navigation rules-international aircraft navigation rules

-prohibition of the transportation of arms, -prohibition of the transportation of arms, explosives and photographic equipment by explosives and photographic equipment by aircraftaircraft

-the establisment and maintenance of a -the establisment and maintenance of a permanent commission for air navigation.permanent commission for air navigation.


The supplementary annexes covered such The supplementary annexes covered such subjects;subjects;

Regulations for certificates of airworthinessRegulations for certificates of airworthiness Logbook regulationsLogbook regulations Light and signal rulesLight and signal rules Pilot and navigator license regulationsPilot and navigator license regulations İnternational aeronautical maps and ground İnternational aeronautical maps and ground

markingmarking The collection and distribution of meteorological The collection and distribution of meteorological

informationinformation National customs regulations.National customs regulations.

THE WARSAW CONVENTION-1929THE WARSAW CONVENTION-1929

It is the convention for the unification of certain It is the convention for the unification of certain rules relating to international transportation by air rules relating to international transportation by air applies to any intarnational transportation of applies to any intarnational transportation of persons, baggage or merchandise by aircraft persons, baggage or merchandise by aircraft compensations. The Warsaw Convention compensations. The Warsaw Convention provided that an air carrier was liable for provided that an air carrier was liable for damages sustained by:damages sustained by:

Death or injury to the passengersDeath or injury to the passengers Destruction, loss or damage to baggage or Destruction, loss or damage to baggage or

goodsgoods Loss resulting from delay in the transportation of Loss resulting from delay in the transportation of

passengers, baggage or merchandise.passengers, baggage or merchandise.

THE WARSAW CONVENTION-1929THE WARSAW CONVENTION-1929 The limit of liability with respect to passengers on The limit of liability with respect to passengers on

international flights was set at 8300 USD. international flights was set at 8300 USD. The The convention also set standards for passenger convention also set standards for passenger tickets, cargo waybill and other air travel tickets, cargo waybill and other air travel documentation.documentation.

On September 28, 1955 the monetary limit was On September 28, 1955 the monetary limit was doubled to 16600 USD as a maximum recovery doubled to 16600 USD as a maximum recovery for death and extended to agents of the carrier. At for death and extended to agents of the carrier. At a diplomatic conference, held in Guetemala City a diplomatic conference, held in Guetemala City in 1971, the limit of the carrier’s liability adopted in 1971, the limit of the carrier’s liability adopted as a maximum amount of 100.000 USD per as a maximum amount of 100.000 USD per person.person.

THE CHICAGO CONFERENCE-1944THE CHICAGO CONFERENCE-1944

Worl War II had a tremendous impact on the Worl War II had a tremendous impact on the technical development of air transportation, but technical development of air transportation, but there were many problems on political, legal, there were many problems on political, legal, economical and technical subjects. Therefore, economical and technical subjects. Therefore, representatives of 52 nations assembled in representatives of 52 nations assembled in Chicago in November, 1944. Chicago in November, 1944.

The aim of the conference was to foster (to The aim of the conference was to foster (to develop) development of international civil develop) development of international civil aviation aviation ““in a safe and orderly mannerin a safe and orderly manner”” to to establish international air transport service on establish international air transport service on the basis of equality of service.the basis of equality of service.


The contracting states were required to undertake The contracting states were required to undertake to secure the highest degree of uniformity in to secure the highest degree of uniformity in complying with international standards and complying with international standards and practices with respect to the followings:practices with respect to the followings:

Communication systems and air navigation aidsCommunication systems and air navigation aids Characteristics of airports and landing areasCharacteristics of airports and landing areas Rules of air and air traffic control practicesRules of air and air traffic control practices Licensing of operating and mechanical personnelLicensing of operating and mechanical personnel Airworthiness of aircraftAirworthiness of aircraft


Registration and identification of aircraftRegistration and identification of aircraft Collection and exchange of meteorological Collection and exchange of meteorological

informationinformation LogbooksLogbooks Aeronautical maps and chartsAeronautical maps and charts Customs and immigration proceduresCustoms and immigration procedures Aircraft in distress and investigation of accidents Aircraft in distress and investigation of accidents

and other matters concerning the safety, and other matters concerning the safety, regularity and efficiency of air navigationregularity and efficiency of air navigation..


The Chicago Conference established the The Chicago Conference established the International Civil Aviation Organization (ICAO) International Civil Aviation Organization (ICAO) to foster the planning and development of to foster the planning and development of international air transport.international air transport.

The Chicago Conference provided another The Chicago Conference provided another significant document, significant document, ““The International Air The International Air Transport AgreementTransport Agreement” or the “” or the “Five Freedoms Five Freedoms Agreement”. Agreement”. This agreement is applicable only This agreement is applicable only to civil aircraft engaged in scheduled air to civil aircraft engaged in scheduled air services. services.

TOKYO CONFERENCE-1963TOKYO CONFERENCE-1963

This convention provides that the State of This convention provides that the State of Registration of an aircraft is competent to Registration of an aircraft is competent to exercise jurisdiction over offences and acts exercise jurisdiction over offences and acts committed on board. committed on board.

Its object is to ensure that offences, wherever Its object is to ensure that offences, wherever committed should not go unpunished. As certain committed should not go unpunished. As certain acts committed on board or may prejudice good acts committed on board or may prejudice good order and discipline on board, the aircraft order and discipline on board, the aircraft commander and others are empowered to commander and others are empowered to prevent such acts being committed and to prevent such acts being committed and to disembark the person concerned. disembark the person concerned.

TOKYO CONFERENCE-1963TOKYO CONFERENCE-1963

In the case of an anticipated or actual In the case of an anticipated or actual unlawful or forcible seizure of an aircraft in unlawful or forcible seizure of an aircraft in flight by a person on board, the States flight by a person on board, the States party to the Convention are obliged to take party to the Convention are obliged to take all appropriate measures to restore and all appropriate measures to restore and preserve control of the aircraft to its lawful preserve control of the aircraft to its lawful commander.commander.

HAGUE CONFERENCE-1970HAGUE CONFERENCE-1970 Convention for the Suppression of Unlawful Convention for the Suppression of Unlawful

Seizure of Aircraft was signed at the Hague in Seizure of Aircraft was signed at the Hague in December 1970. December 1970.

The Convention defines the Act of Unlawful The Convention defines the Act of Unlawful Seizure of Aircraft, and lists which Contracting Seizure of Aircraft, and lists which Contracting States have undertaken to make such offences States have undertaken to make such offences punishable by severe penalties.punishable by severe penalties.

The Convention contains detailed provisions on The Convention contains detailed provisions on the establishment of jurisdiction by States over the the establishment of jurisdiction by States over the offence, on the taking of the offender into custody offence, on the taking of the offender into custody and on the prosecution or extradition of the and on the prosecution or extradition of the offender.offender.

MONTREAL CONFERENCE-1971MONTREAL CONFERENCE-1971

This convention came into force on 26 January This convention came into force on 26 January 1973. It is mainly concerned with acts other than 1973. It is mainly concerned with acts other than those pertaining to the unlawful seizure of aircraft. those pertaining to the unlawful seizure of aircraft. For example:For example:

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

The destruction of an aircraft in service or causing The destruction of an aircraft in service or causing damage which renders it incapable of flight or damage which renders it incapable of flight or which is likely to endanger its safety in flight.which is likely to endanger its safety in flight.

MONTREAL CONFERENCE-1971MONTREAL CONFERENCE-1971

Placing in an aircraft any device likely to destroy, Placing in an aircraft any device likely to destroy, damage or render unfit for flight any aircraft.damage or render unfit for flight any aircraft.

Destroying or damaging any air navigation Destroying or damaging any air navigation facility or interference with its correct operation.facility or interference with its correct operation.

The communication of information known to be The communication of information known to be false which endangers the safety of an false which endangers the safety of an aeroplane in flight.aeroplane in flight.

The Protocol Supplementary to the The Protocol Supplementary to the Montreal Convention of 1971Montreal Convention of 1971

This protocol was adopted by a conference, which This protocol was adopted by a conference, which met at Montreal in 1988. It extends the definition met at Montreal in 1988. It extends the definition of offence given in the 1971 Convention to include of offence given in the 1971 Convention to include specified acts of violence at airports serving specified acts of violence at airports serving international civil aviation. Such acts include:international civil aviation. Such acts include:

The international and unlawful use of any device, The international and unlawful use of any device, substance or weapon in performing an act of substance or weapon in performing an act of violence against a person at an airport serving violence against a person at an airport serving international civil aviation, which causes or is international civil aviation, which causes or is likely to cause serious injury or death.likely to cause serious injury or death.

The Protocol Supplementary to the The Protocol Supplementary to the Montreal Convention of 1971Montreal Convention of 1971

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

a. Destroy or seriously damage the facilities of a. Destroy or seriously damage the facilities of an airport.an airport.

b. Destroy or seriously damage aircraft not in b. Destroy or seriously damage aircraft not in service at the airport.service at the airport.

c. Distrupt the services at an airport.c. Distrupt the services at an airport.

FREEDOMS OF THE AIRFREEDOMS OF THE AIR The first and second freedoms are considered as The first and second freedoms are considered as

technical freedoms.technical freedoms. The third, forth and fifth The third, forth and fifth freedoms are called freedoms are called commercial freedoms.commercial freedoms.

FIRST FREEDOMFIRST FREEDOM

The right to fly over another country without landing.The right to fly over another country without landing.

SECOND FREEDOMSECOND FREEDOM

The right to make a landing for technical reasons The right to make a landing for technical reasons (e.g. refueling) in another country without picking (e.g. refueling) in another country without picking up/setting down revenue traffic. (The privilege to up/setting down revenue traffic. (The privilege to land non-traffic purposes).land non-traffic purposes).

FREEDOMS OF THE AIRFREEDOMS OF THE AIR

THIRD FREEDOMTHIRD FREEDOM

The right to carry revenue traffic from your own The right to carry revenue traffic from your own country (A) to the country (B) of your treaty country (A) to the country (B) of your treaty partner (e.g. From İstanbul to Paris).partner (e.g. From İstanbul to Paris).

FOURTH FREEDOMFOURTH FREEDOM

The right to carry traffic from country (B) back to The right to carry traffic from country (B) back to your own country (A). (e.g. Fromyour own country (A). (e.g. From Paris to Paris to İstanbul).İstanbul).

FREEDOMS OF THE AIRFREEDOMS OF THE AIR

FİFTH FREEDOMFİFTH FREEDOM

The right of an airline from country (A) to carry The right of an airline from country (A) to carry revenue traffic between country (B) and other revenue traffic between country (B) and other countries such as (C) or (D) on services starting countries such as (C) or (D) on services starting or ending in its home country (A). This freedom or ending in its home country (A). This freedom cannot be used unless countries (C) or (D) also cannot be used unless countries (C) or (D) also agrees. (The right for an airline to carry traffic agrees. (The right for an airline to carry traffic between countries outside its own countrybetween countries outside its own country).).

SUPPLEMENTARY RIGHTSSUPPLEMENTARY RIGHTS

SIXTH FREEDOMSIXTH FREEDOM The use by an airline of country (A) of two sets of The use by an airline of country (A) of two sets of

third and fourth freedom rights to carry traffic third and fourth freedom rights to carry traffic between two other countries but using its base at between two other countries but using its base at (A) as a transit point.(A) as a transit point.

This freedom is very rarely accepted in bilateral This freedom is very rarely accepted in bilateral agreements or in multi-lateral conventions. For agreements or in multi-lateral conventions. For example, it permits to the same passenger to fly example, it permits to the same passenger to fly Paris-London then London-Singapore with British Paris-London then London-Singapore with British Airways.Airways.


SEVENTH FREEDOMSEVENTH FREEDOM

The right of an airline to carry revenue traffic The right of an airline to carry revenue traffic between points in two countries on services between points in two countries on services which lie entirely outside its own home country. which lie entirely outside its own home country. For example, Singapore permitted British For example, Singapore permitted British companies to handle traffic from Singapore to companies to handle traffic from Singapore to South-East Asia. South-East Asia.


EIGHT FREEDOMEIGHT FREEDOM The eight freedom is also called The eight freedom is also called cabotage. cabotage.

The right for an airline to pick up and set The right for an airline to pick up and set down passengers or freight between two down passengers or freight between two domestic points in another country on a domestic points in another country on a service originating in its own home country.service originating in its own home country. This freedom is the most protected by the This freedom is the most protected by the states. Domestic market depends on the states. Domestic market depends on the sovereignty of each state.sovereignty of each state.


NINTH FREEDOMNINTH FREEDOM

This freedom is a direct result of the IATA This freedom is a direct result of the IATA conference and permits interlining or code sharing. conference and permits interlining or code sharing. This is a scheduled flight being flown by an This is a scheduled flight being flown by an operator other than the operator to whom the operator other than the operator to whom the schedule has been granted or with whom the schedule has been granted or with whom the schedule is shared. In this situation, the flight code schedule is shared. In this situation, the flight code (identifying the carrier/operator and the schedule (identifying the carrier/operator and the schedule flight) is used by another operator. In this situation, flight) is used by another operator. In this situation, the passenger must be informed who the actual the passenger must be informed who the actual carrier is.carrier is.

BILATERAL AGREEMENTSBILATERAL AGREEMENTS

At first it was the desire of leaders of the At first it was the desire of leaders of the conference to develop a multilateral air conference to develop a multilateral air transport agreement, by which many transport agreement, by which many countries would enter into an agreement countries would enter into an agreement regarding air routes. However, the regarding air routes. However, the Multilateral Transport Agreement was Multilateral Transport Agreement was rejected by a majority of the states and all rejected by a majority of the states and all that was left to work out commercial that was left to work out commercial freedoms were bilateral negotiationsfreedoms were bilateral negotiations..


As a result of this rejection the Final Act of the As a result of this rejection the Final Act of the Chicago Convention includes a “Form of Chicago Convention includes a “Form of Standards Agreement for Provisional Air Standards Agreement for Provisional Air Routes”. One of the first of these bilateral Routes”. One of the first of these bilateral agreements was the Bermuda Agreement agreements was the Bermuda Agreement (1946).(1946).

Agreements concluded on the Chicago standard Agreements concluded on the Chicago standard form have the following provisions:form have the following provisions:


Intergovernmental exchange of air rights to be Intergovernmental exchange of air rights to be exercised by designated airlines of the exercised by designated airlines of the respective countries.respective countries.

Equality of treatment and non-discriminatory Equality of treatment and non-discriminatory practices with respect to airport charges.practices with respect to airport charges.

The imposition of customs duties and charges in The imposition of customs duties and charges in certain cases.certain cases.

Mutual recognition of worthiness certificates and Mutual recognition of worthiness certificates and personnel.personnel.


Compliance with laws and regulations pertaining Compliance with laws and regulations pertaining to entry, clearance, immigration, passport, to entry, clearance, immigration, passport, customs and quarantine regulations.customs and quarantine regulations.

Regulations pertaining to ownership and control Regulations pertaining to ownership and control of each country’s air services.of each country’s air services.

Registration of pertinent agreements with ICAO.Registration of pertinent agreements with ICAO. Termination of agreement on one year’s notice.Termination of agreement on one year’s notice. Procedures for amending the annexes to the Procedures for amending the annexes to the

agreement.agreement.

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