Aviation Laws and Regulations

This assignment explores how international aviation law influences airline management decisions. It delves into the provisions of the Chicago Convention and ICAO guidelines, focusing on specific articles concerning state admission, amendment procedures, denunciation processes, and crucial definitions like 'air service' and 'airline'. The assignment highlights the significant impact of these legal frameworks on operational aspects of airlines, such as safety regulations, security measures, and international agreements.

AIR LAW AND
REGULATIONS

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
Purpose of Chicago Convention.............................................................................................1
Articles of International Civil Aviation Organisation (ICAO)...............................................2
Laws and regulations effect decision making of airline management.................................16
CONCLUSION..............................................................................................................................16
REFERENCES..............................................................................................................................17

INTRODUCTION
To execute and regulate the air traffic effectively there is need to have proper rules and
laws which will be helpful to the legislative authorities in nations. In the present report there will
be discussion based on Chicago Convention which was the new reform in developing the
International Civil Aviation Organisation (ICAO) which in turn helps in regulating the air traffic
in the country. The report will highlight all the articles which were made in relation with
developing the framework of the operation.
Purpose of Chicago Convention
The preparation of that convention was in 1944 and was signed by 52 states which has
started the operations from April 1947. It is regulated by United Nations specialized agency who
promote the framework of such convention. It helps in regulating and controlling the
international sir traffic which is normally belongs to controlling the Airspace and Aircraft
registration, rights as well as safety (Dierikx, 2018). It will be beneficial to regulate and inspect
the wants and requirements in an aviation industry. However, it has brought the freedom to each
state and territory in terms of making the adequate implication of such articles and operation the
aviation system. The fruitfulness of such reforms is that it exempt the fuel charges from taxes.
Thus, it can be said that the aviation industries are not bound to pay taxes over the fuel consumed
by the aircraft. However, the freedoms which are facilitated to such nation can be as follows:
1 It the right which has been facilitated to the aviation corporation that they can fly
over a country without landing in there.
2 The right has been assigned to the aircraft and aviation entities that they can refuel
the tank and have the repair of maintenance in the foreign country.
3 One can fly from own nation to another nation (Chicago Convention, 2016).
4 One and take-off from the foreign nation to the home country.
5 The aviation company has right to fly over 2 other country for having the lending
and take-off from the home nation.
6 The aviation entity is benefited to take a fly from one foreign nation to another and
have the lending in home nation.
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7 They have right to fly over the foreign countries while not operating flights form
such countries.
8 One can have flights from two or more airports while having the operational
predicates from own nation.
9 The right is to have the flying operation in a foreign nation without operating in the
home nation.
Articles of International Civil Aviation Organisation (ICAO)
In order to develop the appropriate legal framework and operational rules and regulation
there is need to have proper access and analysis through implicating the various articles. These
are the articles which are being signed by the 52 states and it ensures the proper obey of such
principles and applications of the convention. However, the 96 articles will be analysed as
follows:
Article 1
Sovereignty It can be said that there is right to have the sovereignty and
ability to redesign the operations in every states in air space I its
territory.
Article 2
Territory The protection of the national territory and resources such as
territorial water will be adjacent as it has sovereignty, Mandate
of protection and Suzerainty.
Article 3
State and Civil Air crafts 1. The applicability of the convention only to civil aircraft.
2. The applicability of the state aircraft will come under
military, costumes and police services.
3. There is need to have proper acceptance and approval from all
the states on which the craft is flying which will be in the
written agreement.
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4. The right of civil aircraft to have due regards and regulatory
execution of state authorities.
Article 4
Misuse of Civil aviation
authorities
It has been implicated that the state aviation is restricted for
using the civil aviation in any terms or for any inconsistent
purpose.
Article 5
Non- scheduled flights In relation with such flights and operations of the aviation
entities in the contracting states does not have the right to
modify and make changes in the flight schedule of the
international flights. However, safety and security purposes
they can have the changes in the schedules and in lending
priorities.
Article 6
Air service scheduling One state cannot schedule the international flight in the
territorial perspective. It can be scheduled and modified only if
the special permission was granted to them by the authorities.
They will have the changes in the flight schedules only if the
right and permission to make changes facilitated to such states.
Article 7
Cabotage It has clearly been stated that no state has right to take
passenger, employees of make any agreement within the
national boundaries of the another nation. Therefore, to perform
such kinds of operations one should have acquired the approval
for making agreements.
Article 8
Aircraft without pilot It has been marked there that no aircraft has right to have flight
without presence of any pilot. Therefore, it will be treated as the
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dangerous action of an aviation company to take-off a flight
without any pilot.
Article 9
Prohibited locations 1. It has the rights to the state to no perform the operational
practices over such area which has some issues in relation with
the military purpose. Therefore, the issue has been rises here
with the consideration of public safety, security etc. However,
such requirements has been stated in the contracts among the
stated and may be on the alternative events which provokes the
restriction of such territory.
2. It is a right which is awarded to the state to restrict the flying
over such places which are having the issues during the
emergency, public safety and effects of such state.
3. The right is to regulate the flight such stopping it before
reaching the final destination. It will belong to the issues in 1
and 2 of the same article.
Article 10
Custom airport lending Aeroplane have permission to land across territory and shall
depart from the same custom airport only which shall be
published by State government. It has been permitted to them as
they can cross the national territory of any state without landing
in the such state while as if they land in the state than the civil
aviation organisation will have authority to conduct the custom
services.
Article 11
Air regulations The regulation states that arrival or departure of aircraft shall be
applied to states indulge in contracting despite of distinction.
The contracting state will have the adequate admission to the
departure from its territory of aircraft which will be engaged in
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the international air navigation.
Article 12
Applicability of Air rules All aircraft flying shall be abide by the rules which are
applicable to aeroplane whether flying in national territory or
not. It is mandatory for all the aircraft aviation centre to have
implication of the necessary laws and regulations specially the
craft carrying in the nationality mark.
Article 13
Regulations related to entry
and clearance
The laws apply to entry, clearance, customs and other purpose
shall be complied by passengers. It will be performed at the time
of arrival and departure of a person from a state to another.
These are the informations such as immigration, passport,
customs etc. are need to be under observation of the passenger
and the legal authority.
Article 14
Disease prevention Necessary prevention from various diseases shall be taken with
reference to sanitary measures. Mostly the diseases like cholera,
typhus, yellow fever, smallpox, plague etc. are the
communicable diseases which can be spread easily and affect
the health of the group of individual sitting in the craft.
Article 15
Charges including of
airport
Various charges shall be imposed on account of facilities
provided in air navigation.
1. If the aircraft is not able to perform the internal air services
due to any engagement in other schedules than the national
aircraft has to make arrangements for such schedules.
2. This is necessary for the national aircraft to make facilitate
the adequate services to the international air services.
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Article 16
Finding aircraft The authorities have the right to find aircraft without any delay
whether on landing or departure.
Article 17
Aircraft nationality Aircraft must have nationality of particular state registered in it.
Article 18
Double Registration Aeroplanes cannot be registered in one or more states,
registration may be easily changed.
Article 19
National regulations Registration may be made with reference to complying of
national regulations on prior basis.
Article 20
Providing marks Aircraft should display marks with which it is legally registered
while engaged in international navigation.
Article 21
Report on registration Contracting State is under liability to provide reports to ICAO
on registrations made. Here each contracting state is needed to
report the international civil aviation organisation under such
regulations which are required to control the aircraft registration
as well as air navigation services.
Article 22
Formalities All measures should be taken so that no flight delays and to
prevent delays to cargo should be made. These are necessary to
manage the flight
Article 23
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Process of immigration and
custom
Time to time procedures should be adopted with reference to
custom and immigration affecting air navigation.
Article 24
Provision related to custom
duty
Free of custom duty should be applied on fuel, lubrication oils
and other aircraft equipments.
a. There are several free duties which are need to be facilitated
by the contracting states as per the arrival of the craft in the
territory such as fuel, oil lubricants, regular equipments, spare
parts etc.
b. Importing the equipments and spare parts from the
contracting states which need to be free of cost and free from the
custom duties.
Article 25
Aircraft in discomfort Proper and practical measures which are necessary should be
permitted and provided by State authorities. It facilitates the
adequate authority to the states in which they can be helpful to
find the missing aircraft.
Article 26
Incident investigation In the event of any accident or injuries occurred in aircraft,
investigation enquiry needs to be set up by State authorities.
Article 27
Exempting from takeover of
claims of patents
No seizure of aircraft or any claim may be taken against
operator or owner.
a. There has been exemption of parts, accessories, construction,
mechanism, patents, models or designs etc.
b. State is bound to facilitate patented parts and equipments
which are necessary for the repair of the aircraft.
c. The benefits of this article is only helpful to those states
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which are having the protection for the industrial property and
laws to protect the inventions.
Article 28
Standards and air
navigation amenities
It is required to provide air navigation facilities and standard
system of codes, markings etc.
a. Facilitating the meteorological services, air navigation
facilities and various radio services which is need to be meet
with the standard.
b. This is the most adequate and appropriate standard system of
communication procedure, markings, signals, lightings, codes
etc.
C. There is need to develop the collaboration which will be
helpful in recommending the aviation industry on time to time
basis.
Article 29
Necessary documents in
aircraft
Aircraft should carry out documents such as registration
certificate or appropriate licenses.
A. The certificate of registration
B. Airworthiness certificates
C. Proper licensing of crew members
d. Log book of the trip
e. Licensing of radio station etc.
Article 30
Radio equipment Radio equipments must be installed in aircraft and flight crew
should use the same.
Article 31
Airworthiness certificate All aircraft registered under State must be imparted with
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certificate of airworthiness legally.
Article 32
Personnel's Licenses Pilot of the aircraft and other crew members should be provided
with competency certificates and other licenses by concern
State.
Article 33
Licenses and certificates'
recognition
The licenses and other certificates issued by the State authorities
shall be recognised and equal or more than minimum standards.
Article 34
Log books Log books related to various journeys should be maintained and
provided in aircraft indulge in air navigation.
Article 35
Restriction on cargo Restrictions on cargo should be imposed and prohibited from
carrying cargo above territorial boundaries.
Article 36
Restriction on Photographs No photographs shall be taken and as such, prohibition shall be
imposed on taking photographs in aircraft.
Article 37
Complying with
International standards
International standards should be adopted so that measures can
be easily taken such as implementing standards of ICAO
a. Providing better communication system and ground marking
b. Managing the landing area
c. Rules of the air traffic control
d. Licensing of the mechanical personnel
e. Airworthiness for aircraft
f. Identification and proper registration of crafts.
Article 38
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Departure from
international process
If any aircraft finds difficult to adopt standards of ICAO, then it
shall immediate write letter in not complying with international
standards to it.
Article 39
Endorsing licenses Failing to adherence to abide by standards, licenses and
certificates shall be endorsed or attach with airworthiness.
Article 40
Validity of endorsements Aircraft shall be restricted to participate in international
navigations if licenses and certificates are endorsed.
Article 41
Recognising existing
standards
No applicability to aircraft of such type prior to three years of
date should be submitted.
Article 42
Recognising existing
standards of personnel's
competency
It is not applicable to personnel's whom license was issued prior
to one year after adopting standard qualifications.
Article 43
Composition and name of
organisation
The name should be made up of Assembly, Council and named
after ICAO international authority.
Article 44
Organisation's objectives Encouraging development of airway sector, design and air
navigation facilities and safety of international civil aviation to
foster development.
a. To control the safety and growth of international civil
aviation.
b. Designing the air craft design and peaceful operations.
c. Capital development such as airways, navigation services,
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airports etc.
Article 45
Provision related to
permanent seat
Final interim meeting of international authority should decide
upon the permanent seat of company.
Article 46
First meetings Interim council shall take first meeting when convention come
into legal force at decided time and place.
Article 47
Capacity of organisation Organisation shall be provided legal capacity to enjoy juridical
personality wherever, it can be applicable to the same.
Article 48
Assembly Meetings Annual meetings shall be convened at decided time and place
and moreover, equal rights shall be provided to Council
Article 49
Assembly Duties Power should be provided to assembly to elect officers and other
matters and have the full right to adhere to.
1. Meetings with the president and relevant professionals
2. Analysing and implicating the appropriate actions as
well as reporting to the council.
3. Voting based budgetary decisions.
4. Appropriate modifications of the amendments etc.
Article 50
Council's composition and
election
The council shall consist of twenty-one contracting States. After
first meeting, next shall be held after three years.
Article 51
Council's President President shall be elected by council for term of not more than
three years. Again, he can be elected for continuing position.
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Article 52
Voting Decisions taken by the council is required to approved by
majority of members electing for the same.
Article 53
Participating without
having vote
Contracting State can participate without having vote. However,
it is not applied where party is under dispute
Article 54
Compulsory function Council has the function of submitting annual reports and
carrying out liabilities imposed by the assembly. Air Navigation
Commission shall also be established.
Article 55
Permitted function of
Council
It can carry out goals of Convention, formulate subordinate air
transport commission and delegation of authorities of air
commission.
Article 56
Appointment and
nomination of air
navigation commission
The commission shall consist of twelve members from persons
nominated by contracting States which are duly appointed by
Council.
Article 57
Commission's duties The commission has duties such as recommending Council for
implementing Annexes, implementing technical sub-
commissions and providing advice to Council.
Article 58
Personnel's appointment Council has the right to appoint personnel's relating to method
of appointing, termination, salaries and training etc.
Article 59
Personnel's international Contracting State is under liability to respect international
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character character of personnels and as such, not discharge their duties
with regards to personnels.
Article 60
Personnel's privileges Privileges and immunities should be provided to the personnels
and Council and Secretary General are under duty to adhered to.
Article 61
Budgets and Expenditures Council has the responsibility to provide estimation of
expenditures and receipts and annual budgets as well
Article 62
Suspend from voting When financial liabilities are not discharged by the organisation,
Assembly has the right to suspend from voting
Article 63
Delegations' Expenditures Contracting State should bear expenditures incurred on various
representatives relating to travel, remuneration etc.
Article 64
Arrangements for providing
security
By voting in Assembly, world security arrangements shall be
provided with any organisation to initiate peace
Article 65
Arrangements with
international authorities
Agreements can be entered with other international authorities
to maintain services and for arranging services for personnel.
Article 66
Functions of agreements Functions are required to be carried out which are provided by
International Air Services Transit Agreement.
Article 67
Reports to Council Council shall be provided traffic reports, statistics reports and
final accounts by the contracting Council.
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Article 68
Routes and airports'
designation
Routes are required to be designated which is required to abide
by international air service in its territorial boundaries and same
apply to airport.
Article 69
Improving upon air
navigation facilities
Improvement should be made if any radio or other facilities are
not adequate for safety purpose and initiating economical
services
Article 70
Initiating finance for air
navigation facilities
State is under liability to bear all expenditures incurred in such
arrangements and recommendations shall also be provided.
Contracting States shall bear expenses for financing purpose.
Article 71
Provision and initiating
facilities
Council may provide facilities if it is requested by the
contracting State regarding maintenance of airports
Article 72
Acquiring land Land can be provided to contracting State on requesting upon
Council for carrying tasks effectively
Article 73
Expenses and funds The Council can assess requirement of capital funds over a
particular time frame to contracting State. The council shall
provide capital requirements to State.
Article 74
Provision for technical
assistance and using
revenues
Funds shall be provided on the request of contracting State and
other technical assistance shall also be imparted by Council.
Article 75
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Taking amenities from
Council
Contracting State has the right to discharge liabilities and take
airports and other amenities which are provided by Council.
Article 76
Returning funds Funds shall be returned to contracting State of any
reimbursements and amortisation payments by the Council
Article 77
Permission to joint
organisations
No restriction should be made regarding operations of joint
organisations but they should strictly adhere to rules.
Article 78
Council's function Contracting State are granted permission to joint organisation to
operate freely from any route
Article 79
Provision for participating
in organisations
State can participate in joint operating organisations through
various ways. Companies may be owned by State, privately
owned.
Article 80
Conventions of Habana and
Paris
Contracting State is required to give immediate notice to various
authorities of Habana and Paris. The laws of air navigation for
Habana and Paris shall be effective followed.
Article 81
Registering existing
agreements
It is required that contracting State should register existing
agreements with Council while coming in force of this
Convention.
Article 82
Cancellation of inconsistent
agreements
All the inconsistent agreements are required to be cancelled
having inadequate terms and conditions.
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Article 83
Registering new
arrangements
New arrangements are required to be registered having any
inconsistent provisions of preceding article
Article 84
Disputes' Settlement Disputes shall be settled between two States. Council shall settle
dispute between them so that operations may not be interrupted.
Article 85
Procedure of Arbitration Arbitration procedure can be adopted which is pending for
appeal. Tribunal shall settle own arbitration procedure by
imparting decisions on a majority vote
Article 86
Appeals Decision of International Justice shall be final. The convention
shall remain effective of stated by the Council and appeal shall
be rejected if non-conforming from the provisions.
Article 87
Penalty to Airline Penalty may be imposed to airline on flying above territory. No
operation of airline shall be made over other territorial
boundaries and final decision shall be made by imposing penalty
when non-conforming with convention.
Article 88
Penalty to State Voting power shall be suspended by Council in the assembly
and any contracting States which is found in default stated in
this convention.
Article 89
War and emergency
provisions
No provisions shall affects freedom of contracting States.
Unchanged principles should be followed in any war or
emergency conditions which announces emergency and shall be
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notified the same to Council.
Article 90
Adopting Annexes Two third voting is required for amending Annexes. The
amendment shall become effective within span of three months
after depositing the same to contracting States. Moreover,
council shall inform all contracting States of coming into force
of such annex if any.
Article 91
Ratification It can be ratified by Signatory States. The instruments must be
deposited of ratification in archives of US government, thereby
giving notice to signatory States. Convention when ratified must
become effective from thirtieth day of after deposit from twenty-
six instruments of same twenty-six States.
Article 92
Adherence It is required and opened to adhere by United Nations. Such
adherence must be effective only after notification provided to
government of the United State of America and should came in
force from thirtieth day of receipt of notification issued from the
concerned government to all contracting States.
Article 93
Admission States can be admitted by approval of Council. Admission can
be approved of other States by having at least four-fifth vote of
assembly may be easily admitted carrying out any case even in
present war by State is necessary to be adopted.
Article 94
Amendment Two third votes are required to amend any regulation. The
number should be at least more than two third of total number of
contracting sales. If amendment is to make an opinion of
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