Aviation Law/ Regulations
Chicago Convention 1944 and Article 96
Let's go through with short and brief regarding Chicago Convention 1944.
Chicago Convention 1944 are known as the Convention on International Civil Aviation. In this convention, 55 States being invited to this conference whereby 54 States attended and join the conference. The convention was signed on 7 December 1944 by 52 States. Establishment of (ICAO), a specialized agency of the United
Nations charged with coordinating and regulating international
air travel.
The Convention establishes :
a) Rules of airspace
b) Aircraft registration
c) Safety and security
d) Exempts air fuels from tax
e) Details the rights of the signatories (contracting states) in relation to air travel.
Purposes of Chicago Convention 1944:
1) Make arrangements for the immediate establishment of provisional world air routes and services.
2) To set up an interim council to collect, record and study data concerning international aviation and to make recommendations for its improvement.
3) Discuss the principles and methods to be followed in the adoption of a new aviation convention.
**Article 96
Chicago Convention consists a total of 96 Articles that being
discussed.
That Articles have 4 Parts which are:
Part 1: Air Navigations - 6 Chapters
CHAPTER I: GENERAL PRINCIPLES AND
APPLICATION OF THE CONVENTION
CHAPTER II: FLIGHT OVER TERRITORY OF
CONTRACTING STATES
CHAPTER III: NATIONALITY OF AIRCRAFT
CHAPTER IV: MEASURE TO FICILITATE AIR
NAVIGATION
CHAPTER V: CONDITION TO BE FULFILLED WITH
RESPECT TO AIRCRAFT
CHAPTER VI: INTERNATIONAL STANDARD AND
RECOMMENDED PRACTICES
Part 2: ICAO-7 chapters
CHAPTER VII: THE ORGANIZATION
CHAPTER VIII: THE ASSEMBLY
CHAPTER IX: THE COUNCIL
CHAPTER X: THE AIR NAVIGATION COMMISSION
CHAPTER XI: PERSONNEL
CHAPTER XII: FINANCE
CHAPTER XIII: OTHER INTERNATIONAL
ARRANGEMENT
Part 3: International Air Transport-3 chapters
CHAPTER XIV: INFORMATION AND REPORT
CHAPTER XV: AIRPORT AND OTHER AIR
NAVIGATION FACILITIES
CHAPTER XVI: JOINT OPERATING
ORGANIZATION AND POOLED SERVICES
Part 4: Final Provision- 6 chapters
CHAPTER XVII: OTHER AERONAUTICAL
AGREEMENT AND ARRANGEMENT
CHAPTER XVIII: DISPUTE AND DEFAULT
CHAPTER XIX: WAR
CHAPTER XX: ANNEXES
CHAPTER XXI: RATIFICATION, ADHERENCES,
AMENDMENT, DENUNCIATIONS
CHAPTER XXII: DEFINITION
Freedoms of Air - Basic Knowledge on Air Law
The freedoms of the air are a set of commercial aviation rights granting a country’s airline the privilege to enter and land in another country’s airspace, formulated as a result of disagreements over the extent of aviation liberalization in the Convention on International Civil Aviation of 1944,
known as the Chicago Convention
The use of the terms ‘freedom’ and ‘right’ only confer entitlement to operate international air services within the scope of the multilateral and bilateral treaties that allow them. The first two freedoms solely concern the passage of commercial aircraft through foreign airspace and airports
and contrast with the remaining freedoms which concern airlines carrying people, mail and cargo internationally.
The first through fifth freedoms are officially enumerated by international treaties, especially the Chicago Convention.
Several other freedoms have since been added and although most are not officially recognized under international treaties, they have been agreed by a number of countries. The lower-numbered freedoms are relatively universal while the higher-numbered ones are rarer and more controversial.
Liberal open skies agreements often represent the least restrictive form of air services agreements and may include many if not all freedoms. They are relatively rare but examples include the recently developed single aviation markets in the European Union and between Australia and New Zealand.
1st Freedom of Air
It was also known as technical freedom. “The right to overfly a country without landing. It grants the privilege to fly over the territory of a treaty country without landing. “ Member states of the International Air Services Transit Agreement are granting this freedom (as well as the Second Freedom) to other member states, subject to the transiting aircraft using designated air routes.
2nd Freedom of Air
It was also a technical freedom. “The right to stop in a country for refueling or maintenance on the way to another, without transferring passengers or cargo.”
3rd Freedom of Air
It was the First Commercial Freedom. “ The right to carry passengers or cargo from one's own country to another.”
4th Freedom of Air
“The right to carry passengers or cargo from another country to one's own.” Third and fourth freedom rights are almost always granted simultaneously in bilateral agreements between countries.
5th Freedom of Air
It is also called a connecting flight. “The right to carry passengers from one's own country to a second country, and from that country to a third country.” An example of this could be Emirates Airlines flights originating in Dubai, then going on to Bangkok, and then from Bangkok to Sydney, where tickets can be sold on any or all sectors.
Two sub-categories exist. Beyond Fifth Freedom allows the right to carry passengers from the second country to the third country (example silk road). Intermediate Fifth Freedom allows the right to carry passengers from the third to
the second country.
6th Freedom of Air
“The right to carry passengers or cargo from a second country to a third country by stopping in one's own country.” Example: Cathay Pacific Airways, Thai Airways, Malaysia Airlines, Singapore Airlines and other airlines in Asia use sixth-freedom rights extensively to fly passengers between Europe and Australia (example : kangaroo road).
Likewise, American Airlines connects passengers from Europe and Asia to other countries in the Americas via U.S. ports, and British Airways commonly tickets passengers from America to Asia via London. Iceland air sells tickets between Europe and North America via Iceland, Finnair sells tickets from North America to Asia via Helsinki.
7th Freedom of Air
"The right to carry passengers or cargo between two foreign countries without continuing service to one's own country.”)
The seventh freedom is rare because it is usually not in the commercial interest of airlines, except in Europe where an EU open sky has seen many carriers, particularly low cost carriers, operate flights between two points, with neither of them being in their home country.
8th Freedom of Air
“The right to carry passengers or cargo between two or more points in one foreign country.”
The eighth freedom is also known as cabotage, and is extremely rare outside of Europe. The main real life example of eighth-freedom rights is the European Union, which has granted such rights between all of its member states.
9th Freedom of Air
“The right to carry passengers or cargo within a foreign country without continuing service to or from one's own country.” Sometimes also known as stand alone cabotage. It differs from the aviation definition of true cabotage, in that it does not directly relate to one's own country. The EU agreements mentioned above also fall under this category.