Air Law
Introduction
Aviation’s Contribution to Global GDP:
4 trillion EURO in economic activity in 2023, which is equivalent to about 4 %
of world GDP.
Nearly 87 million jobs are supported worldwide by aviation
Around 1.550 airlines operate a fleet of 30.000 commercial aircraft serving
around 4.00 airports managed by 162 air navigation service providers
Last year 6 to 7 billion passengers were caried by the airlines
Nearly 88 million jobs were supported before Covid hit the industry
Air transport carries around 1% of the volume of world trade shipment, but it
represents 35 % of the value
Benefits of aviation:
o Saves time and more safety (e.g. shipment of diamonds)
o More fitting (e.g. medicine)
Environment:
The global aviation industry produces around 2.1 % CO2 emissions
Aviation is responsible for 12 % of CO2 emissions from all transport sources,
compared to 74 % from road transport
The Airbus A380 and 220, Boeing 787, ATR – 600 and the Embraer E2 use
less than 3 liters of jet fuel per 100 Passenger kilometers.
This matches the efficiency of most modern cars
The global Aviation’s Contribution to Global GDP; 4 trillion EURO in economic
activity in 2023, which is equivalent to about 4 % of world GDP.
Convention on International Civil Aviation (193 Parties): Chicago Convention
signed on 7 December 1944
Context: burning hazards (e.g. blimps filled with helium) => question at hand
when dealing with these problems => sovereignty or common heritage of
humankind?
o Chicago Convention dated from 1944 >< first aviation convention =
Convention on liability of the air carrier in 1928
o The need for a Convention rose with the uprising of WII aircrafts
=> discussion of common heritage of humankind (US) vs. sovereignty
(Europe)
Position of US: wanted CHH to be free to export freely as much
as possible after WII
1
, Chicago Convention 1944
o It became the principle of sovereignty
Consequence: permission is needed when flying above territorial
grounds
To gain permission: Air Service Agreement (ASA) (!!!)
= regulates HOW and HOW MUCH air transportation
happens above sovereign grounds
It is a formal treaty between two countries to establish and
regulate commercial international air services, covering
routes, capacity, frequency, and safety
o E.g. on which airports foreign aircrafts can fly, how
many times, control over air
o It allows designated airlines to operate flights
between the nations involved
o Government passes on rights to another airline
Condition: only an airline which is ‘effectively owned +
controlled by the government’ (NOT totally)
What does this mean? => differences in interpretation:
o E.g. Europe: European nationality, 51% ownership
Note: third countries don’t have to agree
with the European nationality
Mostly serves national pride
o E.g. US: max. 25% foreign ownership
>< UK: ‘principle base of business’ instead of ‘effectively owned
+ controlled’
o Consequence: EVERY airline has a nationality because of ASA’s
o Ban / Black list: not allowed to fly IN countries
ICAO came into being on 4 April 1947 and in October it became a specialized agency
of the United Nations linked to Economic and Social Council
ICAO = permanent body, world regulator that makes sure rules are more
harmonized between different states
CORE: SOVEREINGTY
In Europe: EUROcontrol: collects payments to flying over European countries
2
,PART I. AIR NAVIGATION
CHAPTER I GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION
Article I Sovereignty
Article 2 Territory
CHAPTER II FLIGHT OVER TERRITORY OF CONTRACTING STATES
Rights of scheduled and non-scheduled flights
Article 8 Pilotless aircraft => e.g. drones
No aircraft capable of being flown without a pilot shall be flown without a pilot over
the territory of a contracting State without special authorization by that State and in
accordance with the terms of such authorization. Each contracting State undertakes
to insure that the flight of such aircraft without a pilot in regions open to civil aircraft
shall be so controlled as to obviate danger to civil aircraft.
Article 9 Prohibited areas: e.g. King’s office, nuclear plants, …
Article 12 Rules of the air
CHAPTER III NATIONALITY OF AIRCRAFT
Aircraft have the nationality of the State in which they are registered.
The registration or transfer of registration of aircraft in any contracting State shall be
made in accordance with its laws and regulations.
Article 20 Display of marks
CHAPTER IV MEASURES TO FACILITATE AIR NAVIGATION
Facilitation of formalities, Customs and immigration procedures
Article 25 Aircraft in distress
Article 26 Investigation of accidents
The State in which the accident occurs will institute an inquiry into the circumstances
of the accident.
The State in which the aircraft may appoint observers
3
, CHAPTER V CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 29 Documents carried in aircraft
(a) Its certificate of registration;
(b) Its certificate of airworthiness;
(c) The appropriate licenses for each member of the crew;
(d) Its journey log book;
(e) If it is equipped with radio apparatus, the aircraft radio station license;
(f ) If it carries passengers, a list of their names and places of embarkation and
destination;
(g) If it carries cargo, a manifest and detailed declarations of the cargo.
!! Importance: liability => government needs to make sure the aircraft is airworthy and
controlled
E.g. countries keep logbooks of the aircraft (Art. 29 d))
o (!) It is possible to have a different owner from a registered aircraft
!! Safety is very important within this Convention
CHAPTER VI INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES
International Civil Aviation Organization shall adopt international standards and
recommended practices and procedures SARPs amongst others to Characteristics of
airports, Rules of the air, Licensing of operating and mechanical personnel,
Airworthiness of aircraft, Registration and identification of aircraft, Log books,Aircraft
in distress and investigation of accidents,….;
PART II. THE INTERNATIONAL CIVIL AVIATION ORGANIZATION
CHAPTER XVIII DISPUTES
Settlement of disputes mechanism
CHAPTER XX ANNEXES
Adoption of Annexes F.I.
Personnel Licensing / Rules of the Air
Meterological Service / Aeronautical Charts /
Operation of Aircraft /
4
Introduction
Aviation’s Contribution to Global GDP:
4 trillion EURO in economic activity in 2023, which is equivalent to about 4 %
of world GDP.
Nearly 87 million jobs are supported worldwide by aviation
Around 1.550 airlines operate a fleet of 30.000 commercial aircraft serving
around 4.00 airports managed by 162 air navigation service providers
Last year 6 to 7 billion passengers were caried by the airlines
Nearly 88 million jobs were supported before Covid hit the industry
Air transport carries around 1% of the volume of world trade shipment, but it
represents 35 % of the value
Benefits of aviation:
o Saves time and more safety (e.g. shipment of diamonds)
o More fitting (e.g. medicine)
Environment:
The global aviation industry produces around 2.1 % CO2 emissions
Aviation is responsible for 12 % of CO2 emissions from all transport sources,
compared to 74 % from road transport
The Airbus A380 and 220, Boeing 787, ATR – 600 and the Embraer E2 use
less than 3 liters of jet fuel per 100 Passenger kilometers.
This matches the efficiency of most modern cars
The global Aviation’s Contribution to Global GDP; 4 trillion EURO in economic
activity in 2023, which is equivalent to about 4 % of world GDP.
Convention on International Civil Aviation (193 Parties): Chicago Convention
signed on 7 December 1944
Context: burning hazards (e.g. blimps filled with helium) => question at hand
when dealing with these problems => sovereignty or common heritage of
humankind?
o Chicago Convention dated from 1944 >< first aviation convention =
Convention on liability of the air carrier in 1928
o The need for a Convention rose with the uprising of WII aircrafts
=> discussion of common heritage of humankind (US) vs. sovereignty
(Europe)
Position of US: wanted CHH to be free to export freely as much
as possible after WII
1
, Chicago Convention 1944
o It became the principle of sovereignty
Consequence: permission is needed when flying above territorial
grounds
To gain permission: Air Service Agreement (ASA) (!!!)
= regulates HOW and HOW MUCH air transportation
happens above sovereign grounds
It is a formal treaty between two countries to establish and
regulate commercial international air services, covering
routes, capacity, frequency, and safety
o E.g. on which airports foreign aircrafts can fly, how
many times, control over air
o It allows designated airlines to operate flights
between the nations involved
o Government passes on rights to another airline
Condition: only an airline which is ‘effectively owned +
controlled by the government’ (NOT totally)
What does this mean? => differences in interpretation:
o E.g. Europe: European nationality, 51% ownership
Note: third countries don’t have to agree
with the European nationality
Mostly serves national pride
o E.g. US: max. 25% foreign ownership
>< UK: ‘principle base of business’ instead of ‘effectively owned
+ controlled’
o Consequence: EVERY airline has a nationality because of ASA’s
o Ban / Black list: not allowed to fly IN countries
ICAO came into being on 4 April 1947 and in October it became a specialized agency
of the United Nations linked to Economic and Social Council
ICAO = permanent body, world regulator that makes sure rules are more
harmonized between different states
CORE: SOVEREINGTY
In Europe: EUROcontrol: collects payments to flying over European countries
2
,PART I. AIR NAVIGATION
CHAPTER I GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION
Article I Sovereignty
Article 2 Territory
CHAPTER II FLIGHT OVER TERRITORY OF CONTRACTING STATES
Rights of scheduled and non-scheduled flights
Article 8 Pilotless aircraft => e.g. drones
No aircraft capable of being flown without a pilot shall be flown without a pilot over
the territory of a contracting State without special authorization by that State and in
accordance with the terms of such authorization. Each contracting State undertakes
to insure that the flight of such aircraft without a pilot in regions open to civil aircraft
shall be so controlled as to obviate danger to civil aircraft.
Article 9 Prohibited areas: e.g. King’s office, nuclear plants, …
Article 12 Rules of the air
CHAPTER III NATIONALITY OF AIRCRAFT
Aircraft have the nationality of the State in which they are registered.
The registration or transfer of registration of aircraft in any contracting State shall be
made in accordance with its laws and regulations.
Article 20 Display of marks
CHAPTER IV MEASURES TO FACILITATE AIR NAVIGATION
Facilitation of formalities, Customs and immigration procedures
Article 25 Aircraft in distress
Article 26 Investigation of accidents
The State in which the accident occurs will institute an inquiry into the circumstances
of the accident.
The State in which the aircraft may appoint observers
3
, CHAPTER V CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 29 Documents carried in aircraft
(a) Its certificate of registration;
(b) Its certificate of airworthiness;
(c) The appropriate licenses for each member of the crew;
(d) Its journey log book;
(e) If it is equipped with radio apparatus, the aircraft radio station license;
(f ) If it carries passengers, a list of their names and places of embarkation and
destination;
(g) If it carries cargo, a manifest and detailed declarations of the cargo.
!! Importance: liability => government needs to make sure the aircraft is airworthy and
controlled
E.g. countries keep logbooks of the aircraft (Art. 29 d))
o (!) It is possible to have a different owner from a registered aircraft
!! Safety is very important within this Convention
CHAPTER VI INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES
International Civil Aviation Organization shall adopt international standards and
recommended practices and procedures SARPs amongst others to Characteristics of
airports, Rules of the air, Licensing of operating and mechanical personnel,
Airworthiness of aircraft, Registration and identification of aircraft, Log books,Aircraft
in distress and investigation of accidents,….;
PART II. THE INTERNATIONAL CIVIL AVIATION ORGANIZATION
CHAPTER XVIII DISPUTES
Settlement of disputes mechanism
CHAPTER XX ANNEXES
Adoption of Annexes F.I.
Personnel Licensing / Rules of the Air
Meterological Service / Aeronautical Charts /
Operation of Aircraft /
4
