Chicago Convention on International Civil Aviation

In 1944, the Chicago Convention was adopted - a document that established the key rules of work for international aviation. The countries-participants of the treaty undertook to observe uniform norms of flights over their territories. This greatly facilitated communication with the help of aircraft. The document continues to be the basis of the entire air transportation industry for many decades.

General principles

In the first article, the Chicago Convention introduced the sovereignty of each country over its own airspace. The document applied only to civil aircraft. They did not include customs, police and military aircraft. They were carried to state aircraft.

The principle of sovereignty states that no aircraft can fly over the territory of a foreign country without its permission. The same applies to planting. All the states that united the Chicago Convention of 1944 guaranteed that they would monitor the safety of navigation in their own airspace.

Governments agreed with the principle of non-use of weapons against civil courts. Perhaps today it sounds even strange, but in 1944 in Europe the war was still going on, and at that time such an arrangement was absolutely not superfluous. The countries pledged not to endanger the lives of passengers on ordinary transport flights.

The Chicago Convention on International Civil Aviation gave States the right to request the landing of an aircraft, if that would commit an unauthorized flight or be used for purposes not specified in the convention itself. According to the agreement, each government, for the purpose of warning, publishes its own rules for intercepting aircraft. These norms should not violate international law. They began to be included in national laws. The Chicago Convention only outlined the general features of these rules. For their violation, severe penalties were allowed under local law. The deliberate use of civil aircraft for purposes contrary to the convention was prohibited.

Forbidden Zones

Among other things, the Chicago Convention stipulated the rights of irregular flights. They refer to flights not associated with regular international air traffic. States that have signed the convention have pledged to grant to aircraft of other countries such a right, provided that they (the states) can, if necessary, require an immediate landing.

This arrangement greatly facilitated international communication. In addition, it has given a significant impetus to the development of the industry of irregular flights. With the help of them, numerous cargo and mail began to be transported. Passenger flow is basically remained as part of regular flights.

The Chicago Convention of 1944 permitted the creation of exclusion zones. Each state has the right to determine such parts of its airspace. The ban may appear due to military necessity or the authorities' desire to ensure public safety. With this measure, flights were limited on a uniform basis. Forbidden zones should have reasonable limits, which would not create obstacles for air navigation of other flights.

Each state retained the right, under extraordinary circumstances, to completely restrict flights over its territory. The Chicago Convention on International Civil Aviation states that in this case the ban should apply to vessels of any country, regardless of their legal status.

Customs and the fight against epidemics

By agreement, each country is required to report on its customs airports. According to the Chicago convention of 1944, they are necessary for landing of planes of other states that fulfill the requirement of landing. In such airports, customs inspection and other forms of control are carried out. Information about them is published and transmitted to the International Civil Aviation Organization (ICAO), created after the signing of the same convention.

Aircraft helped the world become global. Today, in just a few hours, you can make your way over the entire planet. However, the facilitation and expansion of links has not only positive consequences. The movement of people from one end of the Earth to another has become the reason for the spread of epidemics more than once. Many diseases, characteristic of a certain region of the planet, are an order of magnitude more dangerous, hitting a completely different environment. That is why, according to the Chicago Convention of 1944, the signatory countries pledged to prevent the spread of epidemics by air. Speech primarily concerned cholera, typhus, smallpox, plague, yellow fever, etc.

Airports and airplanes

All public public airports of the signatory countries must be open not only to their vessels, but also to vessels of other countries. Conditions for all participants of air traffic are established equal and uniform. The Chicago Convention on International Civil Aviation extends this principle to any aircraft, including those used for the purpose of meteorological and radio provision.

The agreement also stipulates the attitude of the countries to the fees for the use of their airports. Such taxes are common practice. For its unification and generalization, the international community has adopted several key principles for the collection of this money. For example, fees for foreign vessels should not exceed fees for "native" vessels. Moreover, every authority has the right to inspect foreign aircraft. Checks should not be made with unreasonable delays.

The International Chicago Civil Aviation Convention of 1944 defined the principle that an aircraft may have only one "nationality". Its registration should belong to a single state, not two at a time. In this case, membership can be changed. For example, an airplane can become Mexican from Mexican, but it can not be both Canadian and Mexican. The registration of the vessel varies according to the legislation adopted in its former country.

Aircraft participating in international air services receive national identification marks. The rest of the information about their ships the state must provide to any other country at its request. This data is coordinated by the International Civil Aviation Organization.

Facilitation of formalities

The universally recognized Chicago Convention of 1944 is the source of the rules and principles under which the international air transport industry lives. One of these standards is the promotion of countries to accelerate air services.

An effective method in this case is the general simplification of unnecessary formalities. Without them it is easier to transport crews, passengers and cargo, for which the speed of movement from one point to another is extremely important. This also applies to immigration customs procedures. Some states sign individual agreements with their key partners and neighbors, further facilitating air communication between these countries.

The Chicago Convention of 1944 established the principle by which the lubricants, fuel, spare parts and equipment of foreign aircraft can not be taxed. Such taxes apply only to goods unloaded on the ground.

Air Crash Investigation

A separate issue, which the Chicago Convention on Civil Aviation of 1944 stipulates, is the fate of aircraft caught in an airplane accident. If a vessel of one country suffers a disaster in the airspace of another, then both countries must conduct rescue and search operations in accordance with the principle of mutual assistance.

There is a practice of setting up international commissions that take control of the investigation into the causes of air crashes. The state in which the fallen plane was registered has the right to appoint observers there. The country where the disaster occurred, should send the owner of the aircraft a detailed report on the investigation, as well as its final conclusion. These rules are valid for Russia, as the Russian Federation is a party to the Chicago Convention. As a result of the interaction of countries in the investigation of aviation accidents, it is possible to achieve the greatest possible result.

All states that signed the Chicago Convention on Civil Aviation undertook to introduce and use the most advanced equipment related to air navigation. Also, countries cooperate with each other in the development of common schemes and maps. Common standards for their manufacture have been adopted for unification.

Regulations

After commissioning, all aircraft receive a standard set of documents. This is a certificate of registration, an onboard log, a certificate of airworthiness for flights, permission to use an on-board radio station, cargo declarations, etc.

Many papers need to be received immediately before the flight. For example, the permission necessary for the operation of radio equipment is provided by the country over which the forthcoming voyage will fly over the territory. Use this technique can only crew members who have sufficient competence for this.

Separate restrictions on cargo relate to military materials and military equipment. Such things can only be transported strictly with the permission of the state, in whose airspace the plane flies. The use of photographic equipment on board is also regulated.

Common rules for the entire international community affect the most diverse aspects of flights, except those already listed. These are land marking, systems of air navigation facilities and communications, characteristics of landing areas and airports, flight rules, assignment of qualification to technical and flight personnel, etc. Separate regulations are adopted for the maintenance of on-board logs, drawing up charts and maps, immigration and customs procedures.

If the state refuses to follow the rules common to all, it must immediately notify its decision to the International Civil Aviation Organization. The same applies to cases where countries adopt the same amendment to the convention. To inform about unwillingness to change the standards it is necessary within 60 days.

ICAO

Article 43 of the Chicago Convention on International Civil Aviation defined the name and structure of the International Civil Aviation Organization. Its key institutions were the Council and the Assembly. The organization was called upon to make the development of the entire air transportation industry more rapid and orderly. An important goal was declared to ensure the safety of international flights.

Ever since (since 1944), ICAO has consistently supported the design and operation of peaceful aviation. It helped the development of airports, air routes and other means necessary for the growth of the industry. In a few decades, thanks to common efforts, the countries that signed the convention have achieved the establishment of a universal aviation system that continues to meet the ever-growing world needs for regular, economical and safe air communication.

The Assembly is convened at least once every three years. She elects the chairman, examines the reports of the Council, makes decisions on matters referred to it by the Council. The Assembly determines the annual budget. All decisions are made on the principle of voting.

The Council is responsible to the Assembly. It includes representatives of 33 states. The Assembly elects them every three years. The Council primarily includes countries that play a leading role in the organization of the international aviation industry. Also the composition of this body is determined according to the principle of representation of all regions of the world. For example, if the powers of an authorized African country expire, then an authorized representative of another African country comes to his place.

The ICAO Council has a president. He does not have the right to vote, but he performs several important functions. The President shall convene the Air Transport Committee, the Council and the Air Navigation Commission. In order to make a decision, an organization needs to get the majority of its members' votes. Each state, dissatisfied with the outcome of the discussion, may appeal its results.

Security

Important Annex 17 to the Chicago Convention is devoted to the safety of air travel. Issues related to it are within the competence of the Council. Officially, Annex 17 is devoted to "the protection of international aviation from acts of unlawful interference." The latest amendments to it were adopted in 2010, which indicates the relevance of problems related to flight safety.

According to Annex 17, each state undertakes to prevent the transport of explosives, weapons and other life-threatening substances and articles to civil aircraft. For security purposes, access to technical areas of airports is controlled. Identification systems for vehicles and persons are being created. The checks of personal data of passengers are carried out. Monitoring of the movement of vehicles and people to aircraft is being monitored.

Each state should require airlines not to allow strangers into the cockpit. Carriers also monitor things, and especially for forgotten and suspicious objects. From the moment of the inspection, the protection of passengers from unauthorized interference or contact with their baggage should be ensured. Especially in this sense, transit flights are important.

If an abnormal situation occurred on the flying aircraft (for example, the board was seized by terrorists), the state to which the vessel belongs is obliged to report the happened to the competent authorities of those countries in whose airspace the captured aircraft may be. It should be noted: air transport is designed in such a way that pilots can securely lock themselves in their cab. Flight attendants should receive a technique that will help them inform the flight crew about suspicious activity in the passenger compartment.

States that have signed the Chicago Convention are required to maintain aerodromes and airports in such a way that they are prepared for emergency and supernumerary situations. Preliminary preparation is necessary to minimize damage. Fire-prevention, medical-sanitary and emergency services should work without interruption.

The order on the territory of the airports is provided by the police and airport security service. All their work is built in such a way that in case of emergency the administration of the transport hub has the opportunity to quickly and effectively coordinate the actions of these different services. It is necessary to regularly upgrade the equipment used to conduct the inspection. Today's requirements must be met by documents: both identity cards and travel coupons.

Other Features

To streamline flights, each country can determine the exact routes by which it is necessary to fly within its airspace. The same applies to the airport list.

If the infrastructure of the state becomes obsolete, then the Council should consult with the state itself, as well as its neighbors. Such a discussion can be conducted in the event that it ceases to meet the requirements of meteorological and radio services. Usually, the Council is looking for ways to find the funds needed to modernize the infrastructure. This question is extremely important, since the state, not caring about the state of its airports and technology, endangers not only its own, but also foreign citizens. The Council can provide the country in need with new facilities, help with staffing, etc.

Interestingly, the Chicago Convention on International Civil Aviation in 1944 was by no means the first such document. After the signing of this agreement, all of its international predecessors were denounced. This was the Paris Convention on the Regulation of Air Navigation in 1919, as well as the Havana Convention on Commercial Aviation in 1928. The Chicago document supplemented and improved their provisions.

By signing the convention, the states agreed not to conclude other third-party treaties, somehow contradicting it. If such a liability is assumed by a private airline, then the authorities of her country must achieve their cessation. At the same time, agreements that do not contradict the convention are allowed.

Settlement of disputes

If some countries do not agree with each other in interpreting the articles of the convention, they can apply to the Council. In this body, the dispute will be considered by representatives of other disinterested states. The same rule applies to the annexes to the Chicago Convention. ICAO has created a compromise system that helps to find a mutually beneficial solution even in the legally most difficult situation. The state, in case of discontent with the decision of the Council, has the right within 60 days to appeal against it to the arbitration court (for example, in the permanent Chamber of International Orthodoxy).

ICAO can impose sanctions against a private airline that refuses to follow the decisions of the organization. If the Council goes to such a step, then all states undertake to prohibit the guilty company from flying over its territory. Other sanctions are expected by the unwilling state to fulfill its obligations. It is a matter of suspending his right to vote in the Council and the Assembly.

Since the document signed in 1944 due to technical progress and other natural changes could not always remain the same and at the same time correspond to the modern realities of the era, ICAO has introduced the practice of adopting annexes to the Chicago Convention. For their approval, two-thirds of the votes in the Council of the organization are required.

The Chicago-ratified papers and original applications are stored in the archives of the US government. The Convention remains open to any member of the UN who wishes to join it. Theoretically, if a state is excluded from the United Nations, it is also excluded from ICAO.

From the ICAO, those countries that refuse to accept new amendments to its key document, the convention, can be "kicked out" (although not all votes in the Council, but only two-thirds, are required for its adoption). The decision to exclude is taken in the Assembly. At the same time, each state has the right to unilaterally denounce the convention. To do this, he must be notified of his decision by ICAO.