The Ibero-American Air Convention - 1926

 In 1919, Spain and all the other ex-neutral governments in World War I had been invited to adhere to the Paris Convention. Spain had declined to do so, partially due to Article 34 of this Convention related to the uneven equivalency between parties. Moreover, Spain withdrew from the League of Nations in 1926, its claim for a permanent seat on its Council having been rejected.

To do so – a fazê-lo           due to – devido a       moreover – além disso

Uneven equivalency – equivalência desigual/irregular 

Withdrew (withdraw) – retirou (retirar)   claim – pedido, reivindicação

Following the growth of aviation activity between Spain and South-America and as a result of the failure by the USA and most Central and South American States to adhere to the Paris Convention, Spain decided to initiate a diplomatic counteraction and invited all Latin American and Caribbean States and Portugal to the Ibero-American Conference to be held in Madrid from 25 to 30 October 1926.

Counteraction – ação contrária/ de oposição   To be held in – a ser realizada em

At the end of a Conference, the Ibero-American Convention on Air Navigation (called Convenio Ibero Americano de Navegación Aérea, or CIANA, also called the Madrid Convention) was created. This convention differed from the Paris Convention in that it differently took account of the principle of the equal voting rights of its members (Article 34) and the right for a Contracting State to permit the flight above its territory of an aircraft that did not possess the nationality of a Contracting State (Article 5). Whereas 21 States (Spain, Portugal and 19 Latin American countries) signed this Convention on 1 November 1926, but only 7 States (Argentina, Costa Rica, Dominican Republic, El Salvador, Mexico, Spain and Paraguay) deposited their instruments of ratification.

The Ibero-American Air Convention was modelled after the Paris Convention and its wording was virtually identical in most of the articles; only the offensive articles of the Paris Convention were significantly amended to assure the equality of States and eliminate any discriminatory implications concerning the States. 

Amended – alterado, corrigir   To assure – assegurar, garantir

In most of – na maior parte de  Concerning – relacionado a , relativo a

Argentina and Spain renounced the Convention by 1933 and joined the ICAN; the Madrid Convention never came into force. It was no more than the result of political posturing of Spain trying to assert leadership in Latin America.

CONVENTION OF PARIS – 1919

Let's start the new year with many information about Conventions that are part of our daily routine. We'll understand that the aviation we know today has been moved forward step-by-step. Since the invention of the airplane, the world has thought of how to regulate and standardize this new activity, which is very technical and has revolutionized the means of transportations with speedy and agility.

History of the Convention

1906 - invention of the airplane

1914-1918 - 1st World War

Here comes a question: how far goes the sovereignty of a State in the airspace?

1919 Paris Convention

• Revoked by the 1944 Convention

• The State has sovereignty over its airspace

1939-1945- 2nd World War

1944- Chicago Convention

• In force until today

• Creation of ICAO: legal nature: legal entity of public international law.

1945: Creation of IATA - legal entity of private international law.

Convention is more technical, specific character, solve specific problems. It celebrates an agreement of wills between States which aims to establish rules of general conduct through their signatures and are responsible for complying with the above.

Treaty is the same thing, but is not technical, it is more generic. It is a means by which subjects of international law determine rights and obligations.

Today we’ll talk about the CONVENTION OF PARIS – 1919

It’s a Convention relating to the regulation of aerial navigation, signed at Paris, October 13^th, 1919 with additional protocol, signed at Paris, May 1^st, 1920.

GENERAL PRINCIPLES: The High Contracting Parties recognise that every Power has complete and exclusive sovereignty over the air space above its territory. For the purpose of the present Convention, the territory of a State shall be understood as including the national territory, both that of the mother country and of the colonies, and the territorial waters adjacent thereto.

State consists of territory, population, government and sovereignty.

• Search the aeronautical standardization and rules for the use of airspace. Use of miles, feet, knots.

• Defined the question of the nationalities of aircraft. There are differences between public, private and military aircraft. The Marking of Aircraft (registration mark):  the nationality mark shall be represented by capital letters in Roman characters.

Every aircraft engaged in international navigation shall be provided with: a certificate of registration; a certificate of airworthiness; certificates and licenses of the commanding officer, pilots and crew; If it carries passengers, a list of their names; If it carries freight, bills of lading and manifest; Log books; If equipped with wireless, the special license.

Certificates of airworthiness and of competency and licenses issued or rendered valid by the State whose nationality the aircraft possesses, and hereafter by the International Commission for Air Navigation, shall be recognised as valid by the other States. Each State has the right to refuse to recognise for the purpose of flights within the limits of and above its own territory certificates of competency and licenses granted to one of its nationals by another contracting State.

• Use of the phonetic alphabet.

• Admission of Air navigation on foreign territory. For this, the aircraft must undergo rigorous maintenance. Every aircraft of a contracting State has the right to cross the air space of another State without landing.  However, each contracting State shall have the right to establish reservations and restrictions in favour of its national aircraft in connection with the carriage of persons and goods for hire between two points on its territory.

• Inbound and Outbound Rules at aerodromes: procedure Charts.

• There shall be instituted, under the name of the International Commission for Air Navigation (ICAN), a permanent Commission placed under the direction of the League of Nations: The main duty of this Commission shall be : To collect and communicate to the contracting States information of every kind concerning international air navigation ; relating to wireless telegraphy, meteorology and medical science which may be of interest to air navigation; to ensure the publication of maps for air navigation.

• Air Freedoms: peace overflight over territory and landing for maintenance. Each contracting State undertakes in time of peace to accord freedom of innocent passage above its territory to the aircraft of the other contracting States, provided that the conditions laid down in the present Convention are observed. Regulations made by a contracting State as to the admission over its territory of the aircraft of the other contracting States shall be applied without distinction of nationality.

• Every airship officer pilot has full faith in the aircraft. The Union concede license for the pilot. The commanding officer, pilots, engineers and other members of the operating crew of every aircraft shall, in accordance with the conditions laid down in Annex E, be provided with certificates of competency and licenses issued or rendered valid by the State whose nationality the aircraft possesses.

• ICAN: legal personality (principle of specificity): organize and supervise the rules of the Paris Convention. However had a number of limitations, such meetings once a year. USA did not participate.

• ICAN determined as should be done to customs supervision in the aircraft, the pilot documentation, etc.