The Paris Convention of 1919 (formally, the Convention Relating to the Regulation of Aerial Navigation) was the first international convention to address the political difficulties and intricacies involved in international aerial navigation. The convention was concluded under the auspices of the International Commission for Air Navigation (forerunner to ICAO). It attempted to reduce the confusing patchwork of ideologies and regulations which differed by country by defining certain guiding principles and provisions, and was signed in Paris on 13 October 1919.
The first passenger-carrying airline flight happened in 1913 with the St. Petersburg-Tampa Airboat Line. [1] Before that time, aircraft had been used to carry mail and other cargo. With the start of World War I in 1914, aircraft were being operated internationally to carry not only cargo, but also as military assets. The international use of aircraft brought up questions about air sovereignty. The arguments over air sovereignty at the time factored into one of two main viewpoints: either no state had a right to claim sovereignty over the airspace overlying its territory, or every state had the right to do so. [2]
The Paris Convention of 1919 sought to determine this question as part of the process of framing the convention's assumptions, and it was decided that each nation has absolute sovereignty over the airspace overlying its territories and waters.
The nations that signed the treaty were: Belgium, Bolivia, Brazil, the British Empire, China, Cuba, Ecuador, France, Greece, Guatemala, Haiti, the Hejaz, Honduras, Italy, Japan, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Roumania, the Kingdom of Yugoslavia, Siam, Czechoslovakia, and Uruguay. Ultimately, the convention was ratified by 11 states, including Persia, which had not signed it. The United States never ratified it because of its linkage to the League of Nations.[ citation needed ] The treaty came into force in 1922.
The Paris Convention was superseded by the Convention on International Civil Aviation (also known as the Chicago Convention).
The following principles governed the drafting of the convention: [3]
It had 9 chapters, dealing with: [3]
The International Civil Aviation Organization is a specialized agency of the United Nations that coordinates the principles and techniques of international air navigation, and fosters the planning and development of international air transport to ensure safe and orderly growth. ICAO headquarters are located in the Quartier International of Montreal, Quebec, Canada.
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. As of June 2016, 167 countries and the European Union are parties.
Airspace is the portion of the atmosphere controlled by a country above its territory, including its territorial waters or, more generally, any specific three-dimensional portion of the atmosphere. It is not the same as aerospace, which is the general term for Earth's atmosphere and the outer space in its vicinity.
The freedoms of the air, also called five freedoms of air transport, are a set of commercial aviation rights granting a country's airlines the privilege to enter and land in another country's airspace. They were formulated as a result of disagreements over the extent of aviation liberalisation in the Convention on International Civil Aviation of 1944, known as the Chicago Convention. The United States had called for a standardized set of separate air rights to be negotiated between states, but most other countries were concerned that the size of the U.S. airlines would dominate air travel if there were not strict rules. The freedoms of the air are the fundamental building blocks of the international commercial aviation route network. The use of the terms "freedom" and "right" confers entitlement to operate international air services only within the scope of the multilateral and bilateral treaties that allow them.
The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged with coordinating international air travel. The Convention establishes rules of airspace, aircraft registration and safety, security, and sustainability, and details the rights of the signatories in relation to air travel. The Convention also contains provisions pertaining to taxation.
The Constitution Alteration (Aviation) Bill 1936, was an unsuccessful proposal to alter the Australian Constitution to extend the Commonwealth legislative power in respect to air navigation and aircraft. It was put to voters for approval in a referendum held on 6 March 1937.
The European Organisation for the Safety of Air Navigation, commonly known as Eurocontrol, is an international organisation working to achieve safe and seamless air traffic management across Europe. Founded in 1960, Eurocontrol currently has 41 member states and is headquartered in Brussels, Belgium. It has several local sites as well, including an Innovation Hub in Brétigny-sur-Orge, France, the Aviation Learning Centre (ALC) in Luxembourg, and the Maastricht Upper Area Control Centre (MUAC) in Maastricht, the Netherlands. The organisation employs approximately two thousand people, and operates with an annual budget in excess of half a billion Euro.
Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations.
Air rights are the property interest in the "space" above the earth's surface. Generally speaking, owning, or renting, land or a building includes the right to use and build in the space above the land without interference by others.
R v Burgess; Ex parte Henry, is a High Court of Australia case where the majority took a broad view of the external affairs power in the Constitution but held that the interstate trade and commerce power delineated trade and commerce within a state, rejecting an argument that the power extended to activities that were commingled with interstate activities. The court set aside a conviction for breach of the regulations as they went further than was necessary to carry out and give effect to the convention.
The Aeronautical Information Service, or AIS is a service established in support of international civil aviation, whose objective is to ensure the flow of information necessary for the safety, regularity, and efficiency of international air navigation.
Canada (AG) v Ontario (AG), also known as In re the Regulation and Control of Aeronautics in Canada and the Aeronautics Reference, is a decision of the Judicial Committee of the Privy Council on the interpretation of the Canadian Constitution. Lord Sankey decided in the case that the federal government has the authority to govern the subject of aeronautics, including licensing of pilots, aircraft, and commercial services and regulations for navigation and safety.
Kenya Civil Aviation Authority (KCAA) is a state corporation of Kenya that is responsible for regulating the aviation industry in Kenya and for providing air navigation services in the Kenya flight region.
The Directorate General of Civil Aviation (DGCA) is a statutory body of the Government of India to regulate civil aviation in India. It became a statutory body under the Aircraft (Amendment) Act, 2020. The DGCA investigates aviation accidents and incidents, maintains all regulations related to aviation and is responsible for issuance of licenses pertaining to aviation like PPL's, SPL's and CPL's in India. It is headquartered along Sri Aurobindo Marg, opposite Safdarjung Airport, in New Delhi. The Government of India is planning to replace the organisation with a Civil Aviation Authority (CAA), modelled on the lines of the American Federal Aviation Administration (FAA).
The Convention on Offences and Certain Other Acts Committed on Board Aircraft, commonly called the Tokyo Convention, is an international treaty, concluded at Tokyo on 14 September 1963. It entered into force on 4 December 1969, and as of 2022 has been ratified by 187 parties.
Flight permits are permits or permission required by an aircraft to overfly, land or make a technical stop in any country's airspace. All countries have their own regulations regarding the issuance of flight permits as there is generally a payment involved. The charges normally payable would be the Route Navigation Facility Charges or RNFC for overflights and also landing and parking charges in case of aircraft making halts. The procedure for issuance of these permits also varies from country to country. More details regarding these can be taken from the respective country's civil aviation authority websites.
United Nations Security Council resolution 1067, adopted on 26 July 1996, after noting various statements and resolutions by the President of the Security Council and International Civil Aviation Organization (ICAO) deploring the shooting down of two civilian aircraft by the Cuban Air Force on 24 February 1996, the Council called on Cuba to comply with international obligations relating to aviation, particularly the Convention on International Civil Aviation.
The General Civil Aviation Authority (GCAA) in the United Arab Emirates (UAE) was established in 1996 by Federal Cabinet Decree to regulate Civil Aviation and provide designated aviation services with emphasis on safety and security and to strengthen the aviation industry within the UAE and its upper airspace. The main office is located in Abu Dhabi and the regional office is located in Dubai to serve the northern Emirates. The GCAA, which is the sole authority for the control and regulation of civil aviation in the UAE, is responsible for the provision of en-route air navigation services and all aspects of flight safety. In late 2009, the GCAA opened its new Air Navigation Centre, The Sheikh Zayed Centre, which is considered the largest and busiest air traffic management facility in the Middle East as well as one of the world's most technically advanced centres in terms of its design.
The Office for Transportation Security (OTS) is the single authority responsible for the security of the transportation systems of the Philippines, including Civil Aviation, Sea Transport and Maritime Infrastructure, Land Transportation, Rail System and Infrastructure.
The Paris International Air Navigation Conference of 1910, also known as the Conférence internationale de navigation aérienne, was the first diplomatic conference to consider formulating international law about aviation. It was proposed by the French government who were concerned about aircraft from foreign nations flying over their territory and was attended by representatives from 19 European nations.