INTERNATIONAL CIVIL AVIATION CONVENTIONS

Definitions
Aviation – the science of designing, developing, producing, operation, and use of aircraft.
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns.
- Aviation law governs the operation and maintenance of aircraft /aviation facilities.
- In many cases, aviation law is considered a matter of international law due to the nature of air travel.
Air Law - the law of aircraft, their passengers and cargo, and their transit above states and other governed territory.
Air Navigation - air navigation involves piloting an aircraft from place to place without getting lost, breaking the laws applying to aircraft, or
endangering the safety of those on board or on the ground.
Therefore, constant awareness of position (mostly with use of navigational aids), is critical for aircraft pilots.
Convention: "agreement concluded between states in written form and governed by international laws, whether embodied in a single instrument
or in two or more
Protocol: The original draft of a diplomatic document, especially of the terms of a treaty agreed to in conference and signed by the parties.
Regulation: A rule of order having the force of law, prescribed by a superior or competent authority, relating to the actions of those under the
authority's control.
Treaty: A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international
organizations.
A treaty may also be known as an (international) agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms.

INTERNATIONAL CONVENTIONS

1. Paris Convention of 1919

• The international use of aircraft brought up questions about air sovereignty.
• The first international convention to address:
- political difficulties and
- international aerial navigation intricacies.
• In the Paris Convention of 1919, it was decided that each nation has absolute sovereignty over the airspace overlying its territories and
waters. The treaty came into force in 1922.
• Superseded by the Convention on International Civil Aviation ( the Chicago Convention).
2. The Warsaw Convention of 1929
Convention – Unification of rules on international carriage by air. (commonly known as the Warsaw Convention).
• An international convention on liability for international carriage of persons, luggage, or goods performed by aircraft
• Signed in 1929 in Warsaw (hence the name)
• Amended in 1955 at The Hague, Netherlands (Hague Protocol), and in 1971 in Guatemala City, Guatemala
• Mandates carriers to issue passenger tickets
• Requires carriers to issue baggage checks for checked luggage.
• Creates a limitation period of 2 yrs within which a claim must be brought.
• Limits carrier’s liability to at most:
- 250,000 for personal injury
- US $ 50 PER KG
- 5000 Francs for hand luggage of a traveller
• Clauses 17 & 18 of the Warsaw Convention states:
- airline companies are liable for any damage that occurs to passengers or their belongings during in-flight.
- as of 2013, the Warsaw convention had been ratified by 152 states.
3. Chicago Convention of 1944
• The Convention on International Civil Aviation, also known as the Chicago Convention
• Established the International Civil Aviation Organization (ICAO), a specialized agency of the UN charged with coordinating and regulating
international air travel.
• Established rules of the airspace and aircraft registration and safety
• Exempted air fuels from tax
• Laid principles on transportation of dangerous goods by air
• Provided Freedoms 1 & 2
• 191 members states as of 2013
4. Tokyo Convention
• A convention on offences and certain other Acts Committed on board aircraft.
• Completed at Tokyo in 1963
– Acts against the safety of persons or property on board civilian aircraft while in flight.
– Empowers pilots on international flight to restrain a person who is believed to commit an offence liable to interfere with the safety
of persons or property on board the aircraft.
5. Hague Protocol 1955
• Convention for the Suppression of unlawful seizure of aircraft.
• Amended the Convention for the Unification of Certain Rules Relating to International Carriage by Air.
– Hijacking of aircraft-extraditable offence among member states
– Requires any contracting state to facilitate the continuation of the journey of passengers and crew and return aircraft & cargo to
owners.
• Signed on September 28, 1955 in The Hague.
6. Montreal Convention 1999
• Convention for the unification of certain rules for International Carriage by Air.
• Amended provisions of the Warsaw convention – compensation for victims (death or injury) of air disasters.
7. Rome Convention
Unlawful interference and general risks convention
• Damage to third parties in a state that is not of aircraft’s registry.
• Damage to non-state parties by aircraft of state party
• Operator strictly liable for damage caused to third parties by aircraft in flight (250,000 to 500,000 per claimant)
8. Geneva Convention
A Convention on International Recognition of rights in aircraft.
• Facilitate the financing for purchase of aircraft
• Protection of secured creditors who lend money on the security of aircraft.
• Facilitation of the transfer of aircraft from state to another.
9. Guadalajara Convention 1964
Unification of certain rules relating to International carriage by air performed by a person other than a contracting carrier.
• Covers leasing, chartering, code-sharing, and interlining
• Passenger entitled to claim against:
– Bodily injury
– Loss or damage to property
– delay