In 1944, the Chicago Convention was adopted - a document that established the key rules for international aviation. The countries participating in the agreement pledged to comply with uniform flight standards over their territories. This greatly facilitated communication by aircraft. The document continues to be the backbone of the entire air travel industry for many decades.
General Principles
In its very first article, the Chicago Convention introduced the sovereignty of each country over its own airspace. The document applied only to civil aircraft. These did not include customs, police and military aircraft. They were classified as state aircraft.
The principle of sovereignty states that no aircraft can fly over the territory of a foreign country without its permission. The same applies to landing. All states, which were united by the Chicago Convention of 1944, guaranteed that they would monitor the safety of navigation in their own airspace.
Governments have agreed to the principle of not using weapons against civilian ships. It may even sound strange today, but in 1944 Europe is stillthe war continued, and at that time such an agreement was absolutely not superfluous. Countries have pledged not to endanger the lives of passengers on conventional transport flights.
The Chicago Convention on International Civil Aviation gave states the right to request the landing of an aircraft if it would make an unauthorized flight or be used for purposes not specified in the convention itself. Under the treaty, each government publishes its own rules for intercepting aircraft as a warning. These norms must not violate international law. They began to be incorporated into national laws. The Chicago Convention only outlined the general features of these rules. Severe pen alties were allowed for their violation in accordance with local legislation. The deliberate use of civil aircraft for purposes contrary to the convention was prohibited.
Restricted areas
Among other things, the Chicago Convention stipulated the rights of non-scheduled flights. They refer to non-scheduled international flights. The states that signed the convention were obliged to grant the aircraft of other countries such a right, provided that they (the states) could demand an immediate landing if necessary.
This arrangement greatly facilitated international communication. In addition, it gave a significant impetus to the development of the industry of non-scheduled flights. With the help of them, numerous cargoes and mail began to be transported. The passenger flow, on the other hand, remained largely within thescheduled flights.
The Chicago Convention of 1944 allowed the creation of exclusion zones. Each state received the right to determine such sections of its airspace. The ban may come about due to military necessity or the desire of the authorities to ensure public safety. This measure restricted flights on a uniform basis. Restricted areas must have reasonable limits that would not interfere with the air navigation of other flights.
Each state retained the right under emergency circumstances to completely restrict flights over its territory. The Chicago Convention on International Civil Aviation states that in this case the ban should apply to ships of any country, regardless of their legal affiliation.
Customs and epidemic control
By agreement, each country is obliged to report their customs airports. According to the Chicago Convention of 1944, they are needed for landing aircraft of other states that fulfill the landing requirement. At such airports, customs checks and other forms of control are carried out. Information about them is published and transmitted to the International Civil Aviation Organization (ICAO), created after the signing of the same convention.
Airplanes helped the world become global. Today, in just a few hours, you can make a path over the entire planet. However, facilitating and expanding ties has not only positive consequences. The movement of people from one end of the Earth to the other has more than once become the cause of the spread of epidemics. Manydiseases characteristic of a certain region of the planet turn out to be an order of magnitude more dangerous, once in a completely different environment. That is why, according to the Chicago Convention of 1944, the countries that signed it pledged to prevent the spread of epidemics through the air. It was primarily about cholera, typhoid, smallpox, plague, yellow fever, etc.
Airports and airplanes
All public airports of the signatory countries should be open not only to their own ships, but also to ships of other countries. Conditions for all air traffic participants are established equal and uniform. The Chicago Convention on International Civil Aviation extends this principle to any aircraft, including those used for the purpose of meteorological and radio support.
Also, the agreement stipulates the attitude of countries to fees for the use of their airports. Such taxes are common practice. For its unification and generalization, the international community has adopted several key principles for collecting this money. For example, fees for foreign ships should not exceed fees for "native" ships. At the same time, each authority has the right to conduct inspections of other people's aircraft. Checks should not be made with unreasonable delays.
The International Chicago Civil Aviation Convention of 1944 defined the principle that an aircraft can have only one "nationality". Its registration should belong to a single state, and not two at once. Whereinownership is allowed to change. For example, a plane can go from Mexican to Canadian, but it cannot be both Canadian and Mexican at the same time. The vessel's registration changes according to the legislation adopted in its former country.
Aircraft participating in international air traffic receive national identification marks. The state must provide other information about its ships to any other country upon its request. This data is coordinated by the International Civil Aviation Organization.
Facilitation
The universally recognized Chicago Convention of 1944 is the source of the rules and principles by which the international air travel industry lives. One of these norms is considered to be the assistance of countries to speed up air travel.
Effective method in this case is the widespread simplification of unnecessary formalities. Without them, it is easier to transport crews, passengers and cargo, for which the speed of movement from one point to another is sometimes extremely important. This also applies to immigration customs procedures. Some states sign individual agreements with their key partners and neighbors, further facilitating air travel between these countries.
The Chicago Convention of 1944 established the principle that lubricants, fuel, spare parts and equipment of foreign aircraft cannot be subject to customs duties. Such taxes apply only to cargo unloaded on the ground.
Air crash investigation
A separate problem, which is stipulated by the Chicago Convention on Civil Aviation of 1944, is the fate of aircraft involved in a plane crash. If a ship of one country is in distress in the airspace of another, then both these countries must conduct rescue and search operations in accordance with the principle of mutual assistance.
There is a practice of creating international commissions that take control of the investigation into the causes of air crashes. The state in which the crashed aircraft was registered has the right to appoint observers there. The country where the crash occurred must send the owner of the aircraft a detailed report on the investigation, as well as its final conclusion. These rules are also valid for Russia, since the Russian Federation is a party to the Chicago Convention. As a result of the interaction of countries in the investigation of aviation accidents, it is possible to achieve the maximum possible result.
All states that signed the Chicago Convention on Civil Aviation committed themselves to introducing and using the most modern equipment related to air navigation. Also, countries cooperate with each other in the field of drawing up uniform schemes and maps. For unification, common standards for their manufacture have been adopted.
Regulations
After commissioning, all aircraft receive a standard set of documents. These are a registration certificate, a flight log, a certificate of airworthiness, an aircraft radio license, cargo manifests, etc.
Many papers to getjust before the flight. For example, the authorization required to operate radio equipment is granted by the country over whose territory the forthcoming flight will pass. Only crew members who are qualified to do so may use this technique.
Special cargo restrictions apply to military materials and military equipment. Such things can only be transported strictly with the permission of the state in whose airspace the aircraft is flying. The use of photographic equipment on board is also regulated.
The rules common to the entire international community affect a variety of aspects of flights, in addition to those already listed. These are ground markings, air navigation and communications systems, characteristics of landing sites and airports, flight rules, qualification of technical and flight personnel, etc. Separate regulations are adopted for maintaining flight logs, drawing up charts and maps, immigration and customs procedures.
If a state refuses to continue to comply with the rules common to all, it must immediately communicate its decision to the International Civil Aviation Organization. The same applies to cases where countries adopt the same amendment to the convention. Notice of unwillingness to change your standards must be within 60 days.
ICAO
In Article 43, the Chicago Convention on International Civil Aviation determined the name and structure of the International Civil Aviation Organization. Its key institutions were the Council and the Assembly. The organization was called upon to make the development of the entire air travel industry faster and more orderly. Ensuring the safety of international flights was also declared an important goal.
Since then (that is, since 1944), ICAO has consistently supported the design and operation of civilian aviation. She helped develop airports, airways, and other facilities needed to grow the industry. Over several decades, thanks to the common efforts of the countries that signed the convention, they have achieved the creation of a universal aviation system that continues to meet the ever-increasing needs of the world for regular, economical and safe air service.
At least once every three years, the Assembly is convened. It elects a chairman, considers the reports of the Council, makes decisions on issues referred to it by the Council. The Assembly determines the annual budget. All decisions are made by voting principle.
The Council is responsible to the Assembly. It includes representatives of 33 states. The Assembly elects them every three years. The Council primarily includes countries that play a leading role in the organization of the international aviation industry. Also, the composition of this body is determined according to the principle of representation of all regions of the world. For example, if the powers of an authorized representative of an African country expire, then an authorized representative of another African country takes his place.
The ICAO Council has a president. It does not have voting rights, but it performs several important functions. The President convenes the Air Transport Committee, the Council andAir Navigation Commission. In order to make a decision, the organization must obtain a majority of the votes of its members. Each state that is dissatisfied with the outcome of the discussion can appeal its results.
Safety
Important Annex 17 to the Chicago Convention is devoted to the safety of air travel. Issues related to it are within the competence of the Council. Officially, Annex 17 is dedicated to "protection of international aviation against acts of unlawful interference". The latest amendments to it were adopted in 2010, which indicates the relevance of the problems associated with flight safety.
According to Annex 17, each state undertakes to prevent the introduction of explosives, weapons and other substances and objects dangerous to the life of passengers on civil aircraft. To ensure security, access to the technical areas of airports is controlled. Systems for identifying vehicles and persons are being created. Passenger background checks are being carried out. The movement of vehicles and people to aircraft is being monitored.
Each state should require airlines to keep unauthorized persons out of the cockpit. Carriers also monitor things and especially forgotten and suspicious items. Passengers must be protected from unauthorized tampering or contact with their luggage from the moment of screening. Transit flights are especially important in this sense.
If an abnormal situation occurred on a flying plane (for example, an aircraftwas hijacked by terrorists), the state that owns the ship is obliged to report the incident to the competent authorities of those countries in whose airspace the hijacked aircraft may be. It should be noted that air transport is designed in such a way that pilots can securely lock themselves in their cockpit. Flight attendants should receive technology to help them report suspicious activity to the flight crew in the passenger compartment.
States that have signed the Chicago Convention are required to maintain airfields and airports in such a way that they are ready for emergencies and contingencies. Preliminary preparation is necessary to minimize damage. Firefighting, medical and sanitary and emergency services must work without interruption.
Order on the territory of airports is provided by the police and the security service of the airport itself. All their work is built in such a way that in case of an emergency, the administration of the transport hub has the opportunity to quickly and effectively coordinate the actions of these different services. It is necessary to regularly modernize the equipment with which the inspection is carried out. Documents must also meet modern requirements: both identity cards and travel coupons.
Other Features
To streamline flights, each country can determine the exact routes that should be flown within its airspace. The same applies to the list of airports.
If infrastructurestate becomes obsolete, the Council should consult with that state itself, as well as with its neighbours. A similar discussion may take place when it no longer meets the requirements of meteorological and radio services. Usually the Council is looking for ways to raise the funds needed to modernize the infrastructure. This issue is extremely important, since a state that does not care about the condition of its airports and equipment endangers not only its own, but also foreign citizens. The Council can provide a country in need with new facilities, help with staffing, etc.
Interestingly, the Chicago Convention on International Civil Aviation of 1944 was not the first such document. After the signing of this agreement, all its international predecessors were denounced. Such was the Paris Convention for the Regulation of Air Navigation of 1919, as well as the Havana Convention on Commercial Aviation of 1928. The Chicago Document supplemented and improved their provisions.
By signing the convention, the states agreed not to conclude other third-party treaties that somehow contradict it. If such obligations are assumed by a private airline, then the authorities of its country must achieve their termination. At the same time, agreements are allowed that do not contradict the convention.
Dispute Resolution
If some countries do not agree with each other in the interpretation of the articles of the convention, they can apply to the Council. In this body, the dispute will beconsidered by representatives of other uninterested states. The same rule applies to annexes to the Chicago Convention. ICAO has created a system of compromises to help find a mutually beneficial solution even in the most legally difficult situation. If the state is dissatisfied with the decision of the Council, it has the right to appeal against it in an arbitration court (for example, in the Permanent Chamber of International Orthodoxy) within 60 days.
ICAO may impose sanctions against a private airline that refuses to follow the decisions of the organization. If the Council takes such a step, then all states undertake to prohibit the offending company from flying over their territory. Other sanctions await the state that does not want to fulfill its obligations. We are talking about the suspension of his voting rights in the Council and the Assembly.
Since the document signed in 1944, due to technological progress and other natural changes, could not always remain the same and at the same time correspond to the modern realities of the era, ICAO introduced the practice of adopting annexes to the Chicago Convention. Their approval requires a two-thirds vote in the Council of the organization.
The papers themselves ratified in Chicago and the original annexes are kept in the archives of the US government. The convention remains open to any members of the UN who wish to accede to it. In theory, if a State is excluded from the United Nations, then it is also excluded from ICAO.
Those countries that refuse to accept new amendments to its key document, the convention, can be “expelled” from the ICAO (although it does not requireall the votes in the Council, but only two-thirds). The decision on exclusion is made in the Assembly. At the same time, each state has the right to unilaterally denounce the convention. To do this, he needs to notify ICAO of his decision.
