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