CHAPTER 1

INTERNATIONAL AIR LAW

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 THE CONVENTION ON INTERNATIONAL CIVIL
AVIATION -
HISTORICAL BACKGROUND.
• In 1919 first scheduled international air service began 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 realize that without a unified and international effort to
create supra-national laws, further advancement would not be possible.

• Consequently, invitations were sent to 55 allied states to meet in Chicago

in November 1944.
 The Meeting in Chicago.

• The Convention on International Civil Aviation (Chicago Convention) in which a

number of principles - or Articles - were agreed.
• (The Chicago Convention) created The International Civil Aviation Organization
(ICAO) in 1947 based in Montreal, Canada as a permanent international body
to oversee, implement and administer the Articles (Standards and
Recommended Practices).
• Article 1 – Sovereignty.
• Every contracting state has complete and exclusive sovereignty above its
territory.
• Article 2 - Definition of "Territory".
• The Territory of a State consists of the land areas and its adjacent territorial waters.

• Article 5- Rights of Non-Scheduled Flights.

1. Each State must allow non-scheduled flights into or through its territory and to
land without prior permission.

2. Any State has the right to require an over-flying aircraft to land.

(Note: Scheduled flights require permission to overfly another State).

3. 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
prescribed routes or to obtain special permission to conduct such flights.
• Article 10 - Landing at Customs Airports.
• Any State has a right 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).

• 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 obey the rules and regulations of that State.
•Article 12 - Rules of the Air.
•All aircraft must obey the Rules of the Air of the State in which it is flying.
(Note: It is the responsibility of the State which regulates the airspace in which the aircraft is operating to ensure that this
rule is complied with).
•All States must endeavor to keep their Rules of the Air as close as possible to that of the
Convention (ICAO).
•Over the high seas the Convention's (ICAO), Rules of the Air shall apply without
exception.
•Each Contracting State undertakes to prosecute all persons violating these regulations.

•Before entering another State's airspace with the intention of landing, the
pilot must ensure that:
1. The aircraft is correctly registered.
2. The aircraft is airworthy
3. All relevant documentation, including the Certificate of Airworthiness is on board.
• Article 13 - Entry and Clearance Regulations.
• A State's laws and regulations must be obeyed with regards to the entry and
departure of any Passengers, Crew or Cargo.
• These would include laws and regulations concerning:
• Entry.
• Clearance.
• Immigration.
• 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 landing and departure. It also 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:
• Immigration.
• Quarantine.
• Customs.
• Clearance.

• Article 23 - Customs and Immigration Procedures.

Each Contracting State shall establish customs and immigration
procedures in accordance with the Convention.
 AIRPORT SYSTEMS

Airport System in Pakistan

Categories of Airports - According to Pakistan Civil Aviation Authority (PCAA)

A. International Airports B. Domestic Airports C. Aerodromes D. Military

Air Bases
1. Jinnah International Airport (JIAP), Karachi 1. Skardu Airport 1. Walton
2. Quetta International Airport 2. Gilgit Airport
3. Allama Iqbal International Airport (AIIAP), Lahore 3. Saidu Sharif Airport
4. Islamabad International Airport (IIAP), 4. Chitral Airport
5. Bacha Khan International Airport, Peshawar 5. D.I. Khan Airport
6. Multan International Airport 6. Zhob Airport
7. Faisalabad International Airport 7. Sukkar Airport
8. Sialkot International Airport 8. Nawabshah Airport
9. Gawadar Airport 9. Hyderabad Airport
10. Turbat Airport 10. Moenjodaro Airport
11. DG Khan Airport 11. Dalbandin Airport
12. Sheikh Zayad International Airport, Rahim Yar Khan 12. Punjgur Airport
13. Bahawalpur Airport 13. Pasni Airport

University of Management and Technology, Institute of Aviation Studies, BS.AM

11
Airport Management (AM-325)
AIRPORTS IN PAKISTAN

12
• Article 24 - Customs Duties.
• Aircraft arriving, departing or crossing the territory of another 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 long 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 another aircraft from another 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:

1. Certificate of Registration (C of R).

2. Certificate of Airworthiness (C of A).
3. Crew licenses.
4. Radio Station License - if equipped with a radio.
5. Journey log book.
(The radio license is issued by the state of registration)
6. A list of any passengers together with their names, places of embarkation
and destination.
7. If applicable, the Cargo Manifest and a detailed declaration of the cargo.
• Article 30 - Use of Aircraft Radio Equipment.
• Aircraft operating in another State's territory must carry a license to
install and operate radios issued by the state of aircraft registration.

(The State of Registry is that State or country in which the aircraft is currently
registered and in whose register details of the aircraft and ownership are entered.)
(The use of such radios will be in accordance with the rules and regulations of that
State in which the aircraft is being operated.)

• Radios may only be operated by crew holding appropriate licenses

issued by the State of Registration.
• 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.
• Article 32 - Licences of Personnel.
• Pilots and other operating crew must be provided with licenses and certificates
of competency issued by the State of aircraft Registration.
• However, States reserve the right to refuse to recognize such licenses or
certificates issued to its nationals by other States for flights over its territory.
•
• Article 33 - Recognition of Certificates and Licences.
• Certificates of Airworthiness and competency together with licenses issued by
the State of Aircraft Registration shall be recognized by other Contracting States
provided they meet the standards laid down by the Convention (i.e. ICAO standards.)
(C of A's and licenses issued by one State shall be recognized by another State providing they
meet the standards laid down by the Convention.)
• 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 laid down by the Convention.
• Article 35 - Cargo Restrictions. No ammunitions or implements of war may be
carried in or above the territory of a State without the permission of that State.
• Each State is to define what constitutes ammunitions 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 jeopardize the safety of the aircraft or its passengers.
• Article 36 - Photographic Apparatus.
• Each Contracting State may prohibit or regulate the use of photographic apparatus in
aircraft over its territory.
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.
• Organization of aircraft and personnel.
• 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 markings.
• 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.
• Collection and exchange of meteorological information.
• Log books.
• Aeronautical maps and charts.
• Customs and immigration procedures.
• Aircraft in distress and accident investigation.
(Nineteen Annexes to the Chicago Convention have been established covering the SARPS
mentioned above.)
• 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 another state, with permission, but cannot
depart unless such failures are rectified.)

• Any license holder who does not satisfy the international standards
relating to such a license shall have full details, shown on the license,
of the particulars in which he does not satisfy the conditions.
• Article 40 - Validity of Endorsed Certificates and Licenses.
• 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 Organization (/CAO).

• Created by the Chicago Convention, ICAO is an inter-governmental
organization.
• The headquarters of ICAO are in Montreal and it provides the
machinery to achieve standardization and agreement between
Contracting States in all technical, economic and legal aspects of
international civil aviation.

• European Aviation Safety Agency (EASA).

• Based in Cologne, EASA has legal responsibilities for Certification and
Maintenance regulations, the Operational and Licensing functions.
• MAJOR DOCUMENTATION.
• ICAO Annexes.
• The rules and regulations (Standards and Recommended Practices) emanating
from ICAO are organized into 19 Annexes.

• All Contracting States have the option to replace any of these rules
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
Aeronautical Information Publication (AIP).
• The most important ICAO Annexes are as follows:
• Annex 1 Personnel Licensing Annex 2 Rules of the Air
• Annex 3 Meteorological Services for International Air Navigation Annex 4 Aeronautical
Charts
• Annex 5 Units of Measurement to be used in Air and Ground Operations 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 11Air Traffic Services Annex 12Search and Rescue
• Annex 13Aircraft Accident Investigations Annex 14Aerodromes
• Annex 15Aeronautical Information Services Annex 16 Environmental Protection
• Annex 17Security - Safeguarding International Civil Aviation against Acts of Unlawful Interference
• Annex 18 Transport of Dangerous Goods by Air Annex 19 Safety Management