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Summary ATPL (A) Notes - Airlaw 2022

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AIR LAW
INTERNATIONAL LAW 01

Convention on International Civil Aviation 01.01



ICAO
● Main Objectives
○ Develop principles and techniques for international aviation

● Objectives of ICAO were rectified by the Chicago convention 1944
● ICAO council president is elected for 3 years
○ Shall convene meetings of the Council, the Air Transport Committee, and the Air
navigation commission
○ Serve as representative of the council
○ Carry out on behalf of the council the functions which the council assigns to him




Air Navigation Commission
● Consider, and recommend to the council for adoption, modifications of the annexes
● Establish technical sub-commissions on which any contracting state may be represented, if it
so desires
● Advise the council concerning the collection and communication to the contracting states of
all information which it considers necessary and useful for the advancement of air
navigation.


1

, ● 19 members appointed by the ICAO council



Customs Airfield
● Airport where every aircraft which enters the territory of a given state shall land for the
purpose of customs and other examinations.




Cabotage
● Air transport of passengers and goods within the same national territory




Departure from international standards and procedures
● Deviations from international standards and procedures: immediately
● Deviations from amendments to international standards: within 60 days.




Rules of the air
● Article 12 - Each contracting state undertakes to adopt measures to ensure that every aircraft
flying over or manoeuvring within its territory and that every aircraft carrying its nationality
mark, wherever such aircraft may be, shall comply with the rules and regulations relating to
the flight and manoeuvre of aircraft there in force.




Documents carried onboard
● Certificate of registration
● Certificates of airworthiness
● Licences of personnel
● Recognition of certificates and licences

● Cargo restriction
● Photographic apparatuses




2

, Other Conventions 01.02



Montreal Convention 1999
● Baggage is an airline responsibility from the check-in until its off-loading



Convention of tokyo
● Offences against penal law
● Acts which, whether or not they are offences, may or do jeopardise the safety of the aircraft
or of persons or property therein or which jeopardise good order and discipline on board.



TECHNICAL freedoms of the air

1st - Freedom of the air (peaceful transit)
● The right to privilege, in respect of scheduled international air services, granted by one state
or states to fly across its territory without landing.



2nd - FoA (non-traffic / technical stop - to refuel, repair, or refuge)
● The right or privilege, in respect of scheduled international air services, granted by one State
to another state to land in its territory for non-traffic purposes.




COMMERCIAL freedoms of the air

3rd - Take traffic from the homeland to any country
● The right or privilege, in respect of scheduled international air services, granted by one State
to another State to put down, in the territory of the first State, traffic coming from the home
State of the carrier



4th - Bring traffic from any country to the homeland
● Right or privilege, in respect of scheduled international air services, granted by one state to
another state to take on, in the territory of the first state, traffic destined for the home State
of the carrier.



5th - Pick up and discharge traffic at intermediate points
● The right or privilege, in respect of scheduled international air services, granted by one State
to another State to put down and take on, in the territory of the first State, traffic coming
from or destined to a third state.
IATA


3

, ● International Air transport Association
● Represent, lead and serve the airline industry
● International industry trade group of airlines which represents, leads and serves the airline
industry
● Trade association of aviation operators and others involved with international aviation




EASA
● Suggests the implementation of rules to the European Commission, and promotes the
highest common standards of civil aviation safety and environmental protection in europe

● Unique structure of hard law (regulations, delegated acts, implementing acts, implementing
rules), and soft law (certification specifications, acceptable means of compliance and
guidance material)

● Certification specifications are non-binding technical standards, adopted by EASA, to meet
the essential requirements of the basic regulation.

● Hards laws are legal obligations while soft laws only provide more details about the hard
laws.




Eurocontrol
● Air traffic flow management in europe




4
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