World War II, the 1944 Chicago Convention and the advent of international organizations
The Chicago Convention
Structure and contents
The 1944 Chicago Conference adopts the Chicago Convention and creates ICAO: national air space ownership and control, universal rules and enforcement, reciprocity, Freedoms of the Air, extension of national territory, standardization of bilateral agreements texts; soon thereafter UNO recognizes ICAO as a branch; all commercial aspects referred to IATA. Ratified by 190 states
Annexes (International Standards and Recommended Practices- ISARPS)
Personnel Licencing – training and proficiency tests
Rules of the Air – of the country over which the aircraft flies
Meteorological Service for International Air Navigation – offered, payable
Aeronautical Charts – still exist, although flight plans are electronically developed
Units of Measurement to be Used in Ground and Air Operations
Operation of Aircraft – flying, maintenance, manufacturers input made law
Aircraft Nationality and Registration Marks
Airworthiness of Aircraft - inspections
Facilitation - for crews
Aeronautical Telecommunications - SITA
Air Traffic Services – navigational assistance
Search and Rescue – national control
Aircraft Accident and Incident Investigation – international cooperation and mandatory disclosure
Aerodromes - ACI
Aeronautical Information Services – air traffic control
Environmental Protection – wishes only, left to national enforcement, main problem is noise
Security - anti-terrorism measures; ICAO Security Agreement in the works
Safety – equipment, measures and training
ISARPS constant evolution and live current Importance
International Civil Aviation Organization (ICAO)
Created at the same time as the United Nations Organizations (UNO / UN)
ICAO Functions
International aviation-related discussion and consensus forum for member states – diplomatic status of ambassadors as delegates
Adopting resolutions and reaching agreements in conventions and protocols – many working groups and workshops of smaller groups of nations
Assisting needy member states – developing countries, to everyone’s benefit
Research and development of standards and best practices – depends on member states reporting back
Updating ISARPS – never ending process, pushed by technology
Carrying out audits and issuing recommendations
Helping to streamline and standardize customs and visa procedures, bearers of refugee certificates or Shengen visas, etc.
Member States Functions
Participating in ICAO sessions and workshops
Providing statistics on passenger traffic, incidents, legal issues, etc
Legal implementation and enforcement of international conventions through national legislation and effective action – not always easy, many exceptions, conventions often approved in part only, internal jurisdictional disputes (federal vs provinces), paramountcy of international conventions over national laws not a natural reflex
Bilateral cooperation through Air Transport Agreements (ATA) and Open Skies Agreements (OSA) – still the best source of rights for countries and carriers