CHAPTER 1

INTERNATIONAL
AIRLAW

Territorial
Airspace

- - -
~ ~

-- -
' Territorial Territorial
Waters • " lı. ~ • Waters

~ - ~-
- ~ -
CHAPTER 1: INTERNATIONAL AIR LAW

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 CHAPTER 1: INTERNATIONALAIR LAW

THE CONVENTION ON INTERNATIONAL CIVIL AVIATION -

HISTORICAL BACKGROUND.

The first scheduled international air service began in 1919 which coincided with the
first international conference on civil aviation in Paris.

The Second World War saw huge advancements in aviation which forced nations to
realise that without a cohesive and international effort to create supra-national laws,
further advancement would not be possible.

Consequently, invitations were se nt to 55 allied states to meet in Chicago in November

1944.

Figure 1. 1 World War ll.

The Meeting in Chicago.

The outcome of this meeting was the The Convention on International Civil Aviation The
Canverition on
~
(often referred to as the Chicago Convention) in which a number of principles - or lntemat10nal
Articles - were agreed. lt soon became clear that a permanent international body Clvll Avfation
was needed to oversee, implement and administer these Articles . This was achieved (The Chicago Convention)
in 1947 with the formatian of The International Civil Aviation Organisation (ICAO) created lCA O asa permanent
based in Montreal, Canada . international body to oversee,
implement and administer
the Articles (Standards and
Recommended Practices).

Figure 1.2/CAO Headquarters, Montreal.

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 CHAPTER 1: INTERNATIONALAIR LAW

The following articles and definitions of the Convention on International C ivil Aviation
must be known by a PPL candidate:

Article 1 - Sovereignty.
States that: "All Contracting States recognise that every State has complete and
Every
contractlng
exc!usive sovereignty over the airspace above its territory".
[]
state tıas
com-ptete and Sovereignty implies the right of a State to impose nationallaw on users of the State's
exc/usive sovereignty above territorial airspace.
its te"itory.

Figure 1. 3 Flag s of Sovereign Nations.

Article 2 - Definition of "Territory".

Defines "territory" as: "the tand areas and terrifarial waters adjacent thereto under the
sovereignty, suzerainty, protection or mandate of a State".

~ ' . :___ - . -
• --..... ~~ - .- - - - - ..... 1 1
-~~--=-- -

The Ter.rit(!)ry
ofa State
consists of Terr1tor1al
ffie /and are.a s
and its adjacent terrifarial
Airspace
waters.

Torrito,lnJ ..----- :~ Torritorı,ıt

- ·
Wntors '-" ~ • ll, ... • Wat<ır6

- .:.-v~ ~ -·
Figure 1.4 Terrifarial Airspace.

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 CHAPTER 1: INTERNATIONAL AIR LAW

Article 5- Rights of Non-Scheduled Flights.

3 points are covered by this article with regards to non-scheduled flights:

Each State must allow non-scheduled flights into or through its territory and
Onlynon- ~
to land without prior permission. sehadule,'d
flights are
Any State has the right to require an over-flying aircraft to land. al/owed to fly
into or through the airspace
Note: Scheduled flights require permission to overfly anather State. of anather Contractlng State
without permission.
Each State has the right to require an aircraft which is flying over inaccessible
terrain, or in airspace which is inadequately served by navigational aids,
to follow preseribed routes or to obtain special permission to conduct such
flights .

Article 10- Landing at Customs Airports.

This article concerns itself with the right of any State to require an aircraft entering
its territory to land at a customs airport and to be subject to examination (unless that
aircraft has obtained permission to over-fly).

Furthermore, a State has the right to

require an aircraft departing its territory
to take-off from a designated customs
airport.

Article 11 - Applicability of Air

Regulations.
Regardless of its nationality, any aircraft
operating within a State's territory must
o bey the rules and regulations of that
State.

Figure 1. 5 Custom s.
Article 12- Rules of the Air.
This article covers 4 major points:

All aircraft must obey the Rules of the Air of the State in which it is flying .
lt lsthe ~
respenslbility
Note: lt is the responsibility of the State which regulates the airspace in which the
of the State
aircraft is operating to ensure that this rule is complied with. which
regu/ates the sirspace in
All States mu st endeavour to keep the ir Rules of the Air as close as possible which an aircraft is flying
to that of the Convention (ICAO). to ensure its nı/es and
regulations are complied with.
Over the high seas the Convention's (ICAO) Rules of the Air shall apply
w ithout exception.

Each Contracting State undertakes to prosecute all persons violating these

regulations. Before entering anather State's airspace with the intention of
landing, the pilot must ensure that:

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 CHAPTER 1: INTERNATIONAL AIR LAW

Before The aircraft is correctly

(] entef:lng registered.
an0ther
State 1s The aircraft is airworthy.
airspace with the intention of
landing, the pilot must ensure Al! relevant documentation,
that: including the Certificate of
Airworthiness (C of A), is on
1. The aircraft is correctly
board.
ragisterad.

2. The aircraft is airworthy.

3. All ralevant documentation,

including the C of A, is on
board.

Figure 1. 6 Ru/es of the Air.

Article 13- Entry and Clearance Regulations.

A State's laws and regulations must be obeyed with regards to the entry and departure
All aireraft of any passengers, crew or cargo.
(] entering or
departing from These would include laws and regulations concerning:
a state are
raquired to adhera to the /aws Entry,
and regulations of that State.
Clearance.

lmmigration.

Passports.

Customs.

Quarantine.

Article 16 - Search of Aircraft.

Each State has the right to search, without reasonable delay, the aircraft of other
Contracting States on la nd ing and departure. lt al so has the right to inspect certificates
and any other document specified by the Convention.

Article 22 Facilitation of
Formalities.
All Contracting States undertake
to adopt measures to expedite the
navigation of aircraft between States
and to prevent unnecessary delays to
aircraft, crews, passengers and cargo,
especially in the areas of:

lmmigration.

Quarantine.
Figure 1. 7 Customs.

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 CHAPTER 1: INTERNATIONAL AIR LAW

Customs.

Clearance .

Article 23- Customs and lmmigration Procedures.

Each Contracting State shall establish customs and immigration procedures
in accordance with the Convention. This does not, however, prevent any State
establishing customs-free airports.

Article 24 - Customs Duties.

Aircraft arriving, departing or crossing the territory of anather State will be admitted
temporarily free of duty.

Fuel, oil, spare parts and aircraft stores plus any regular equipment that is on board
an aircraft on arrival shall be exempt from customs duty, inspection fees or similar
charges as /ong as they remain on board.

This privilege does not apply to anything that is taken off the aircraft. However, any
spare parts that are imported for use by anather aircraft from anather State will be
free of duty.

Article 29- Documents Carried in Aircraft.

According to the Chicago Convention all International flights of Contracting States
must carry the following original documents:

Certificate of Registration (C of R).

Certificate of Airworthiness (C of A).

Crew licences.

Radio Station Licence- if equipped with a radio .

Journey log book.

All alrcrafl
A list of any passengers together with their names, places of embarkation on an
and destination. intematic:mal
nav/gatlon
If applicable, the Cargo Manifest and a detailed declaration of the cargo . flight are required by the
Chicago Convention to cany,
amongst other documents
the C of R, C of A and crew
licences.

Figure 1. B All Aircraft mu st carry the ab o ve documents at all times.

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 CHAPTER 1: INTERNATIONALAIR LAW

Article 30- Use of Aircraft Radio Equipment.

Aircraft operating in an other

State's territory must carry a
licence to install and opera te
radios issued by the state of
aircraft registration.
The radio
lfcence is The use of such radios will be in
issued by the accordance with the rules and
state af regulations of that State in which
regtstratlon. the aircraft is being operated .

Radios may only be operated

by crew holding appropriate
licences issued by the State of
Registration.

Figure 1.9 Radios may only be operated by

personnet with the appropriate licences.

Article 31 - Certificate of Airworthiness.

Every aircraft engaged in international navigation must be provided with a Certificate
of Airworthiness issued by the State of aircraft Registration.

CERTIFICATE OF AIRWORTHINESS

Certifıcate Number: United Kingdom

041826/007 Civil Aviation Authority
1. Nalionality and Regi91ration 2. Manufac:turer and designation of aircraft 3, Aircraft Serial Number
Marks
PIPER AIRCRAFT CORPORATION 28-8116190
G-BTRY
PIPER PA-28-161
4 Categories
The State Normal and Utlllty Category Aeroplane
(] af Registry S. This Certificate of Airworthiness is issued pu~uant to the Convention on International Civil Aviatlon daled 7 Oecember 1944 and Regulation (EC) No
is that State 159212002, Article 5(2)(c) in respect of the above menlioned aircraft which ls considered to be aii'Woıthy when maintained and operat&d in accordance
with the Foregoing and the pertinent operatlng limitations
or eountw in
Dale of lssue. 26 March 2008 Signature:
which the aircraft is currently
registered and in whose Limitations/Remarks:

register details of the aircraft Non e

and ownership are entered.
6. This Certiftcate of Airworthiness is valid untess revoked by the competeni authorily of the Member State of registry.
A current Aiıworthlness Review Certifıcate sh all be attached to this Cartificale.
EASA Fonn"lıl 20070610
This çertJflcate s hall be carr1ed on board durtng all fllghta

Figure 1. 1O Certificate of Airworthiness.

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 CHAPTER 1: INTERNATIONAL AIR LAW

Article 32 Licences of
Person ne/.
Pilots and other operating crew mu st be F/ying ~
1/oences are
provided with licences and certificates issııed by
of compeleney issued by the State of the Stat(! fJlf
aircraft Registration . Registration.

However, States reserve the right to

refuse to recognise such licences or
certificates issued to its nationals by
other States for flights over its territory.

Figure 1.11 JAR FCL Private Pilot's Licence.

Article 33- Recognition of Certificates and Licences.

Certificates of Airworthiness and compeleney together with licences issued by the
Sta te of Aircraft Registration s hall be recognised by other Contracting States provided CofA'sand ~
lloences
they meet the standards laid down by the Convention, in other words, that they meet tssued by one
ICAO standards . State sha/1
be recognised by anather
State providing they meet the
standards laid down by the
Convention.

Figure 1. 12 Pilot's Licences.

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 CHAPTER 1: INTERNATIONALAIR LAW

Article 34 - Journey Log Books.

All aircraft engaged in international navigation shall maintain a Journey Log Book
which is to contain particulars of:

the aircraft,

the crew, and

each journey

in the form la id down by the Convention .

Figure 1. 13 Journey Log book.

Article 35- Cargo Restrictions.

Ne munitiens
No munitions or implements of war may
ofwarm'ay be carried in or above the territory of
be carr/.ed a State without the permission of that
in oratJeve Sta te .
the territory of a State without
permission of that State. Each State is to define what constitutes
munitions and implements of war in
line with the recommendations of the
Convention .

All States reserve the right to prohibit the

carriage of any other article as long as
this prohibition does not jeopardise the
safety of the aircraft or its passengers.
Figure 1. 14 Cargo.

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 CHAPTER 1: INTERNATIONAL AIR LAW

Article 36- Photographic Apparatus.

Each Contracting State may prohibit or regulate the use of photographic apparatus
in aircraft over its territory.

Figure 1. 15 Photography.

Article 37- Adoption of International Standards and Procedures.

All States are to undertake to collaborate in order to ensure that there is uniformity
of:

Regulations.

Standards.

Procedures.

Organisation of aircraft and personnel.

To this end ICAO is to adopt and amend Standards and Recommended Practices,
(SARPS) as may be necessary dealing with:

Communication systems, and air navigation aids including ground

markin gs.

Airports and landing area.

Rules of the Air and ATC practices.

Licensing of operating crew and maintenance personnel.

Airworthiness of aircraft.

Registration and identification of aircraft.

Golleetion and exchange of meteorological information.

Log books.

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CHAPTER 1: INTERNATIONALAIR LAW

Aeronautical maps and charts.

Customs and immigration procedures.

Aircraft in distress and accident investigation.

Eighteen Annexes to the Chicago Convention have been established covering the
SARPS mentioned above. These Annexes are listed on Pages 14 and 15.

Figure 1.16 JAR- FCL Private Pilot's Licence.

Article 39 - Endorsement of Certificates and Licences.

Any aircraft (or part of an aircraft) which fails to satisfy the standards of airworthiness
shall show on its airworthiness certificate complete details of such failure(s). Such
an aircraft may enter anather state, with permission, but cannot depart unless such
failures are rectified.

Any licence halder who does not satisfy the international standards relating to such
a licence shall have full details, shown on the licence, of the particulars in which he
does not satisfy the conditions.

~--
Figure 1. 17 Essenfiat Licences and Cettificates.

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 CHAPTER 1: INTERNATIONALAIR LAW

Article 40- Validity of Endorsed Certificates and Licences.

No aircraft or person shall participate in international navigation unless licensed to do
so- except if permission is granted by the State whose territory is entered.

The use of any aircraft, or certified aircraft part in a State, other than the one in which
it was first registered, is permitted only at the discretion of the state into which the
aircraft or part is imported.

ORGANISATIONS.

International Civil Aviation Organisation (lCA O).

Created by the Chicago Convention, r-------A-C--------ı
ICAO is an inter-governmental OoO 1o t.,
organisation. The headquarters of ~ ~
ICAO are in Montreal and it provides the ~ O
machinery to achieve standardisation
and agreement between Contracting
States in all technical , economic and
legal aspects of international civil
aviation.

Joint Aviation Authorities (JAA).

The JAA represents the civil aviation
regulatory authorities of a number of
European ~tates whi~h hav~ agreed to. Fi ure 1_18 /CAO Lo o.
co-operate ın developıng and ımplementıng 9 9
common safety regulatory standards and procedures.

JAA membership is based on signing the "JAAArrangements" which were agreed at

the Convention of Cyprus in 1990.

Figure 1. 19 JAA Logo.

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 CHAPTER 1: INTERNATIONAL AIR LAW

European A viation Safety Ageney (EASA).

States have
Based in Cologne, EASA will gradually take over the
the authorlty functions of the JAA. EASA will develop common safety and
()
te rep/ace environmental rules at the European Level.
(he nı/es
and regulations wlth national At the time of writing, EASA has legal responsibilities for
laws but they must publish Certification and Maintenance regulations only. lt is expected
full details In their national that the Operaticnal and Licensing functions will continue to
Aeronauticaltnfonnatiqın
transfer from JAA to EASA during 201 O.
PlJb/lcation (AlP).

Figure 1.20 EASA

Logo.

MAJOR DOCUMENTATION.

lCA O Annexes.
The rules and regulations (Standards and Recommended Practices) emanating from
ICAO are organised into 18 Annexes.

All Contracting States have the option to rep/ace any of theseru/es or regulations with
their own national laws applicable to aircraft within or above their territories. If this
is the case, States must publish full details in their national Aeronauticallnformation
Publication {AlP) .

The most important ICAO Annexes are as follows:

Annex 1 Personnel Licensing

Annex 2 Rules of the Air

Annex 3 Meteorological Servicesfor International Air Navigation

Annex 4 Aeronautical Charts

Annex 5 Units of Measurement to be used in Air and Ground

Operation s

Annex 6 Operation of Aircraft

Annex 7 Aircraft Nationality and Registration Marks

Annex 8 Airworthiness of Aircraft

Annex 9 Facilitation

Annex 10 Aeronautical Telecommunications

Annex 11 Air Traffic Services

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 CHAPTER 1: INTERNATIONALAIR LAW

Annex 12 Search and Rescue

Qfd'ŞS;tffiı:lrts ~
may 19e
Annex 13 Aircraft Accident ı nvestigations asked en the
filtJmbetıf!iffJ
Annex 14 Aerodromes a7'Tııl fhles of. al1 Amı&.xes.

Annex 15 Aeronauticallnformation Services

Annex 17 Security - Safeguarding International Civil Aviation against

Acts of Unlawful lnterference

Annex 18 Transport of Dangerous Goods by Air

The United Kingdam Air Navigation Order (ANO).

This document, enacted by Parliament, is the legal basis of United Kingdam (U.K.) All U. K.
civil aviation. Pilots who contravene its Articles are liable to prosecution. lt also registmıeal
concerns itself with the Rules of the Air Regulations. ei~tla/18
S11Qj,ect
All U .K. registered aircraft are subject to the provisions of the ANO and the Rules of W tk6 provisiOPl'S of tlle Ai:r
the Air Regulations at any time wherever they may be. /VJa.vig;I!J.tion Onler (A1Ji10}
amd lıfı:e muJgs Gf '/iı;e Aifr
U. K. Aeronauticallnformation Publication (AlP). Re€Jiillatiof.l6 at any tinııa
This publication, known by manyas the "Air Pilot", is the core document laying out U?eırever ttJsy rn·a~ be.
essential information regarding all aspects of flying in the United Kingdom. lt is
subdivided into 3 parts:
TheAlP ~
C!W>fsi$~ Of 3 ~
Generalinformation (GEN).
pat:ts: GEN,
ENRa'IWMJ.
En-Route Data (ENR).

Aerodrome Data (AD).

15
 ı

\
~,..,.

CHAPTER 1: INTERNATIONAL AIR L~W, · QUESTIONS

Representative PPL - type questions to test your theoretical

knowledge of UK and International Legislation.

1. An aircraft entering anather contracting state's airspace and proposing to

land must:

a. Canform to the C of A of the airspace of the state into which it is

flying
b. Be registered, airworthy and carry all the relative documents required
including the C of A
c. Carry the C of A and the International lnterception Table of Signals
d. Ensure it carries an original copy of the flight plan only

2. Does each state have the right to search, without reasonable delay, the
aircraft of other contracting states on landing and departure?

a. Yes
b. No
c. Yes but this applies only to commercial aircraft
d. Yes but this applies only to non-commercial aircraft

3. When an ICAO aircraft lands in anather contracting state what items are
temporarily exempt from customs duty?

a. Aircraft spare parts and items of flight safety

b. Only the fuel and oils remaining on board the aircraft
c. Fuel, oil, spare parts and aircraft stores plus any regular equipment
that is on board the aircraft
d. Un-bonded goods under the strict supervision of customs

4. You are flying a UK registered aircraft over Germany. Whose Rules of the Air
must you obey?

a. ICAO's
b. UK's
c. JAA's
d. Germany's

5. When can an ICAO aircraft make flights into the airspace of anather
contracting state without permission?

a. If it is a non-scheduled flight
b. If it is a scheduled flight
c. Never
d. If it is not carrying passengers

16
 ı

CHAP...TER·~ 1: INTERNATIONAL AIR LAW QUESTIONS

ı .

6. When entering into anather country's airspace, the licence of the Pilot-in-
Command must have been issued by the authority of:

a. The state of aircraft registration

b. Any JAA member state
c. The State of Airworthiness
d. Any contracting ICAO state

7. Which rules of the air govern the entry and departura of international air
traffic into and out of a foreign state?

a. ICAO's
b. The foreign state's
c. International Rules and Regulations
d. IATA's

8. A state must recognise as valid the C of A of anather member state if the

C ofA:

a. Was issued in accordanca with ICAO requirements and standards

b. Was issued in accordanca with international requirements and
standards
c. ls valid and current
d. Was issued in accordanca with the State of Registry

9. The C of R must be:

a. Carried in the aircraft at all times and may be a copy of the original
b. Carried in the aircraft at all times and must be in the original form
issued
c. Signed by the Pilot-in-Command
d. Heldin safe-keeping at the aerodrome of departura

1O. All contracting states recognise that every state has complete and exclusive
sovereignty over the airspace above its territory. ls this statement true?

a. Yes
b. No

11 . Who has the responsibility to ensure that all aircraft entering a state's
airspace obey that state's rules and regulations?

a. The state of aircraft registration

b. The state issuing the C of A of the aircraft
c. The state which regulates the airspace in which the aircraft is
operating
d. ICAO

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CHAPTER 1: INTERNATIONAL AIR~.~:4W: QCJESTIONS

12. An aircraft which has failed its C of A but nevertheless has written details of
the reasons why it had so failed shall:

a. Not take part in international navigation

b. Be allawed to depart anather contracting state's airspace but cannot
enter it
c. Be allawed to enter anather contracting state's airspace but cannot
depart until all the failures are rectified
d. Not take part in international navigation except with the permission
of the state, or states whose territory is entered

13. All UK registered aircraft are subject to the provisions of the ANO and the
Rules of the Air Regulations :

a. Only when inside UK territorial airspace

b. Only when within the airspace of any ICAO contracting State
c. Anywhere at any time
d. Only if they carry a C of A issued by the UK CAA

14. What is the name of the Convention which is commonly known as 'The
Chicago Convention?"

a. The Convention of Civil Commercial Aviation

b. The Convention on International Civil Aviation
c. The ICAO Convention of Civil Aviation
d. The Convention on International Civil Transportation

15. According to the Chicago Convention which of the following documents,

amongst others, are required to be carried in the aircraft on an international
flight?

a. Certificate of Airworthiness (C of A), Certificate of Registration

(C of R) and crew passports
b. Crew licences and log books, journey log book and , if applicable,
Radio Station Licence
c. Crew licences, journey log book and, if applicable, the cargo manifest
and a detailed declaration of the cargo
d. Passports for all crew and passengers, Certificate of Airworthiness
(C of A), Certificate of Registration (C of R)

16. The U.K. Aeronautical Information Publication (AlP) is subdivided into the
following sections:

a. GEN, AGA, ENR and AD

b. AGA, ENR and AD
c. GEN, AGA and ENR
d. GEN, ENR and AD

18
 INTgf.?._tJATIONAL AIR LAW QUESTIONS

17. Can a state search a visiting aircraft from anather contracting state without
permission?

a. No
b. Yes
c. Only if a erime is reasonably suspected
d. Only if it is reasonably suspected that the aircraft is carrying
inadmissible passengers

18. What does ICAO Annex 2 concern itself with?

a. Personnal Licensing
b. Facilitation
c. Rules of the Air
d. Aerodromes

19. What ICAO Annex covers the Airworthiness of Aircraft?

a. Annex 8
b. Annex 9
c. Annex 12
d. Annex 14

20. What organisation will take over the responsibilities and role of the JAA?

a. IATA
b. ECAC
c. EU
d. EASA

21. The Chicago Convention recognises that:

a. Every State has sovereignty over airspace above its territory up to

FL660
b. Every Contracting State has complete and exclusive sovereignty
over the airspace above its territory
c. Every Contracting State has complete but not exclusive sovereignty
over the airspace above its territory
d. Every Contracting State has complete and exclusive sovereignty
over the airspace above its territorial waters

22. U nder the Chicago Convention, the Territory of a State consists of:

a. lts total land area

b. lts total la nd areas and up to 1O miles of its surraunding territorial
waters (if any)
c. The land areas and its adjacent territorial waters
d.. lts total land areas and up to 25 miles of its surraunding territorial
waters (if any)

19
 -
CHAPTER 1: INTERNATIONAL AIR 4A.W)QlJESTION
... __di

23. All aircraft entering or departing from a State must obey the laws and
regulations of:

a. The State of Registry of the aircraft

b. ICAO
c. The State in question
d. The State having jurisdiction over the Customs Laws

Question 13 14 15 16 17 18 19 20 21 22 23
Answer

The answers to these questions can be found at the end of this book.

20