International Organisations and Conventions

New to air law? Start here

Start here

Six short cards and one question. Tap Next or swipe. Then the charts below will make sense.

1. Why does the sky need rules? One flight from Delhi to London crosses many countries. Each country has its own laws. Without one shared set of rules, every border would mean new rules, new paperwork and new risks. Air law is the set of agreements that stops that.
2. Every country owns its sky This is where all air law starts. Article 1 of the Chicago Convention says every country alone controls the air over its own land and waters. Nobody flies there without its say-so. Sovereignty simply means full control. A foreign aircraft has no automatic right to fly over: it needs that country's permission, or a treaty that gives it. Article 1 = sovereignty. It is the most asked Article.
3. From Paris to Chicago The first big agreement was the Paris Convention of 1919. In 1944, countries met in Chicago and signed a new one, the Convention on International Civil Aviation, with 96 Articles. It replaced Paris. Chicago also created ICAO, the International Civil Aviation Organization, which became a United Nations agency in 1947.
4. ICAO writes the detailed rules The Convention gives the basics. The detailed rules, called Standards and Recommended Practices (SARPs), are written by ICAO and kept in 19 Annexes, each on one subject. A Standard is a must. A Recommended Practice is a should. A country that cannot follow a Standard must tell ICAO.
5. Two more kinds of treaty Chicago does not cover everything. Separate treaties make attacks on aircraft a crime everywhere: Tokyo 1963 for offences on board, Hague 1970 for hijacking, Montreal 1971 for sabotage. Others decide who pays when things go wrong: Warsaw 1929 and Montreal 1999 for passengers, bags and cargo; Rome for damage to people on the ground. Crime treaties in date order: on board (1963), hijacking (1970), sabotage (1971).
6. Who applies it in India? The Ministry of Civil Aviation (MoCA) makes policy. Under it, DGCA is the safety regulator, BCAS looks after security, and AAI runs airports and controls Indian airspace.
7. Quick check One question to lock in the most important idea.

Takeaway: Chicago sets the basic law, ICAO writes the detailed rules in 19 Annexes, separate treaties handle crime and compensation, and in India the Ministry, DGCA, BCAS and AAI apply it.

What makes up international air law?

The big picture

The whole chapter on one chart, in four families. Tap any box to read what it means; boxes with + open up.

• International air law from Paris 1919 to today The agreements countries have made with each other so that flights can cross borders safely and fairly. It started with the Paris Convention of 1919, which the Chicago Convention of 1944 later replaced.
  • Chicago Convention 1944 96 Articles The big one. A treaty (an agreement between countries) signed in Chicago on 7 December 1944. It has 96 numbered rules called Articles. It took over from the older Paris Convention, and India has ratified it, which means India formally agreed to follow it.
    • Grew out of Paris 1919 Chicago did not start from nothing. The Paris Convention of 1919 first set up an international body for aviation, ICAN, and first said that a country owns the airspace above it.
    • Sovereignty over airspace Art. 1 Sovereignty means full control. Article 1 says every country has complete and exclusive control of the airspace above its land. No foreign aircraft has a right to be there unless the country allows it.
    • Civil aircraft only Art. 3 The Convention is for civil aircraft: airliners, cargo planes, private planes. Military, customs and police aircraft count as state aircraft and are left out.
    • No weapons against civil aircraft Art. 3 bis Article 3 bis (an Article added later, between 3 and 4): countries must not use weapons against civil aircraft in flight.
    • Transit and Transport Agreements signed 1944 Two side agreements signed with Chicago in 1944. Transit gives the 1st and 2nd freedoms (fly over, stop for fuel). Transport gives the 3rd to 5th (carry paying passengers and cargo).
  • ICAO UN specialised agency, 1947 The International Civil Aviation Organization, the body the Chicago Convention created to run things. Think of it as the world's aviation rule-writer. Since 1947 it has been a United Nations agency.
    • Assembly all States, top body The meeting of every member country, each with one vote. It is ICAO's highest body and meets at least once every three years.
    • Council 36 States ICAO's executive board: 36 countries elected by the Assembly. It does the day-to-day governing, elects its own President, appoints the Secretary-General and adopts the Standards (SARPs).
    • Air Navigation Commission 19 experts A panel of 19 technical experts appointed by the Council. They work out the technical detail of the rules.
    • Secretariat and offices 5 bureaus, 7 regional offices ICAO's staff and buildings: the Secretariat with five departments (bureaus) and seven regional offices around the world. Headquarters is in Montreal, Canada.
      • Secretariat 5 bureaus The permanent staff, led by a Secretary-General whom the Council appoints. Five bureaus: Air Navigation, Air Transport, Technical Assistance, Legal, and Administration and Services.
      • Regional offices 7 offices Seven offices so ICAO can work closely with each part of the world: Bangkok, Cairo, Dakar, Lima, Mexico, Nairobi and Paris.
    • Publications Annexes, PANS, SUPPs What ICAO writes down. The rules themselves (SARPs, in the Annexes), the detailed procedures (PANS), regional procedures (SUPPs), plus manuals, plans and circulars that help countries apply them.
      • Annexes 1 to 19 Standards and Recommended Practices Annexes are books attached to the Convention, each on one subject. They hold the SARPs. A Standard is something countries must do for safety or order; a Recommended Practice is something they should do. A country that cannot follow a Standard must tell ICAO (Article 38).
      • PANS operating practices Procedures for Air Navigation Services: detailed step-by-step procedures approved by the Council for worldwide use. They hold things too detailed, too new or changed too often to go into an Annex.
      • SUPPs regional procedures Regional Supplementary Procedures. Like PANS, approved by the Council, but each one applies only in its own region of the world.
  • Other treaties crime and compensation Chicago is not the only treaty. Separate ones deal with crimes against aircraft, who pays when passengers are hurt or bags are lost, damage on the ground, and rights in aircraft that are bought on loan.
    • Security treaties crimes against aviation Treaties that make attacks on aviation a crime everywhere. India has ratified Tokyo 1963, Hague 1970, Montreal 1971 and 1991 and the Montreal Protocol 1988, but not Beijing 2010.
      • Tokyo 1963 offences on board About bad behaviour on board: crimes, or acts that put safety or good order at risk. The country where the aircraft is registered has jurisdiction (the legal power to deal with it), and the captain may take reasonable steps, including restraining someone.
      • Hague 1970 hijacking The hijacking treaty. It says what counts as hijacking, asks countries to punish it severely, and makes them hand hijackers over to the country that wants to try them (extradition).
      • Montreal 1971 sabotage The sabotage treaty. It adds the crimes Hague missed: violence on board, damaging or destroying an aircraft in service, planting a device on board, and damaging navigation facilities.
      • Protocol 1988 violence at airports A protocol is an add-on to an existing treaty. This one stretches Montreal 1971 to attacks at airports that serve international flights, such as using a weapon to cause serious injury or damage airport facilities.
      • Beijing 2010 modernised unlawful acts A modern update to the unlawful-acts treaties. It adds new kinds of threat: cyber, biological and chemical.
    • Carrier liability who pays passengers Liability means the duty to pay for harm. A carrier is the airline. These treaties decide what an airline owes passengers for injury or death, and owners for lost bags or cargo: Warsaw 1929, its amending protocols, and Montreal 1999.
      • Warsaw 1929 liability limits The first compensation treaty. It applies when people, luggage or goods are carried internationally by air for payment, and it caps what the airline has to pay. The cap is removed if gross negligence (very serious carelessness) is proved. The cap for a passenger's death is SDR 100,000.
      • Hague Protocol 1955 amends Warsaw An add-on that changed the Warsaw Convention. From the Warsaw family, India has ratified only Warsaw itself and this Hague Protocol.
      • Montreal Protocols 1975 amend the Warsaw rules Four add-ons from 1975 (Nos. 1 to 4) that amend the Warsaw rules on international carriage by air.
      • Montreal 1999 no upper limit The newer treaty meant to replace the Warsaw system. There is no upper limit for passenger injury or death. Up to 113,100 SDR the airline cannot argue against the claim; above that it can try to prove it was not at fault.
    • Surface and property Rome, Cape Town Two treaties that are not about passengers: Rome covers people or property on the ground hit by an aircraft, and Cape Town protects lenders who finance aircraft.
      • Rome 1933 / 1952 damage on the surface If an aircraft causes damage to people or property on the ground, the operator pays, up to a limit based on the aircraft's weight, and must be insured for it. India has not ratified it.
      • Cape Town 2001 interests in aircraft and engines Aircraft and engines are often bought on loan. Cape Town protects the lender's rights in that 'mobile equipment' and records them in an International Registry.
  • Indian bodies applying it at home The organisations that apply all this in India: the Ministry of Civil Aviation and the bodies working under it.
    • MoCA ministry, policy The Ministry of Civil Aviation, part of the Government of India. It makes national aviation policy, looks after the Aircraft Act 1934 and Aircraft Rules 1937, and controls DGCA, BCAS and AAI.
    • DGCA safety regulator The Directorate General of Civil Aviation: India's safety regulator. It registers aircraft, checks they are airworthy (fit to fly), licenses pilots, certifies aerodromes and investigates accidents. The India lesson lists all 12 jobs.
    • BCAS security regulator The Bureau of Civil Aviation Security: India's aviation security regulator, attached to the Ministry of Civil Aviation.
    • AAI air traffic management and airports The Airports Authority of India, formed on 1 April 1995 by merging two airport authorities. It runs airports, controls Indian airspace and provides air traffic services, navigation aids and aeronautical information.

Takeaway: Chicago sets the law, ICAO writes the detailed rules, other treaties handle crime and compensation, and Indian bodies apply it at home.

Which Chicago Articles does the exam ask about?

Key Articles

Ten Articles placed along the Convention. Learn each number with its one idea.

Takeaway: 1 sovereignty, 3 civil only, 3 bis no weapons, 5 to 6 scheduled needs permission, 7 cabotage, 12 high seas, 29 documents, 38 differences.

What does each group of Articles say?

Articles 2 to 28

Articles 2 to 28, grouped the way the book lists them.

• Chicago Articles 2 to 28 five groups The part of the Convention about flying between countries, from what counts as a country's territory to the facilities it must provide. Learn it as five groups.
  • Territory and misuse Arts 2, 4, 5 What counts as a country's territory, the promise not to misuse civil aviation, and the first flight rights.
    • Territory Art. 2 A country's territory is its land plus its territorial waters (the strip of sea along its coast), including areas it rules, protects or holds on behalf of others.
    • Misuse of civil aviation Art. 4 Each country promises not to use civil aviation for anything that goes against the aims of the Convention.
    • Non-scheduled flights Art. 5 Flights without a timetable, such as a charter. They may fly into or across another country and make non-traffic stops (for fuel or repairs, no passengers on or off). That country may still require landing, set routes or permission.
  • Restrictions in flight Arts 8 to 11 The limits a country may put on foreign aircraft over its land. Whatever the limit, it must apply to everyone equally.
    • Pilotless aircraft Art. 8 An aircraft that can fly without a pilot on board needs special permission from a country to fly over it.
    • Prohibited areas Art. 9 A country may limit or ban flying over certain areas, for military reasons or public safety, as long as the rule is the same for all aircraft.
    • Customs airport Art. 10 A country can make aircraft arrive and leave through a named customs airport, so goods and people can be checked.
    • Equal application of regulations Art. 11 Inside a country, its rules apply equally to every aircraft, whichever country it comes from.
  • Entry, health and charges Arts 13 to 16 What a country may apply to aircraft, crew and passengers arriving: border checks, health measures, fees and searches.
    • Entry and clearance Art. 13 Passengers, crew and cargo must follow the country's rules on entry, immigration, passports, customs and quarantine (isolation to stop disease spreading).
    • Spread of disease Art. 14 Countries take effective steps to stop air travel spreading infectious diseases.
    • Airport charges Art. 15 A country's airports and services are open to aircraft of every member country, and foreign aircraft pay no more than its own aircraft do.
    • Search of aircraft Art. 16 Officials may search an aircraft when it lands or leaves, and check its certificates and documents, without unreasonable delay.
  • Nationality of aircraft Arts 17 to 21 Aircraft have a nationality, like people. It comes from where they are registered.
    • Nationality Art. 17 An aircraft belongs to the country where it is registered. Registered in India means it is an Indian aircraft, wherever it flies.
    • No dual registration Art. 18 An aircraft can be registered in only one country at a time, but its registration can be moved to another country.
    • National laws Art. 19 Registering an aircraft, or transferring its registration, follows the laws of the country doing the registering.
    • Display of marks Art. 20 Every aircraft flying internationally must show its nationality and registration marks, the letters painted on it.
    • Report to ICAO Art. 21 The registering country tells ICAO who owns and controls its aircraft, and shares registration details when asked.
  • Facilitation and help Arts 22 to 28 Making international flights smooth, and what happens when something goes wrong.
    • Facilitation Arts 22 and 23 Facilitation means making things easier. Countries speed up formalities and avoid needless delays for aircraft, crew, passengers and cargo.
    • Customs duty Art. 24 Customs duty is the tax on goods entering a country. A visiting aircraft enters duty-free for its stay, and the fuel, oil, spare parts and stores it keeps on board are exempt.
    • Aircraft in distress Art. 25 If an aircraft is in trouble over a country, that country helps it as much as it practically can.
    • Accident investigation Art. 26 The State of occurrence (the country where the accident happens) runs the investigation. The country where the aircraft is registered may send observers and gets the report.
    • No seizure on patent claims Art. 27 A patent protects an invention. An aircraft passing through cannot be seized because someone claims it breaks a local patent.
    • Facilities Art. 28 Each country provides airports, navigation and weather services, radio, charts and maps to the Convention's standards.

Takeaway: Territory and flight rights, then landing and charges, then nationality, then help at the border and after accidents.

What must every aircraft and crew carry and hold?

Documents and licences

Article 29 first, then the rules behind each document.

• Conditions for aircraft Arts 29 to 42 What an aircraft flying between countries must carry, and how other countries accept its papers.
  • Art. 29: seven documents carried on board Think of it as the aircraft's passport pack. Every aircraft of a member country flying internationally carries these seven papers.
    • Certificate of registration Proves where the aircraft is registered, and so its nationality (Article 17).
    • Certificate of airworthiness Proves the aircraft is fit to fly. Issued, or made valid, by the country of registration (Article 31).
    • Crew licences The right licence for every crew member, showing they are qualified for their job (Article 32).
    • Journey log book A record of the aircraft, its crew and every journey it makes (Article 34).
    • Radio station licence if radio is fitted Only needed when the aircraft has a radio fitted (Article 30).
    • Passenger list if passengers Only when carrying passengers: their names, where they boarded and where they are going.
    • Cargo manifest if cargo Only when carrying cargo: a list of the cargo with detailed declarations.
  • Rules behind the documents Arts 30 to 36 Where each document comes from, and what may or may not be carried.
    • Radio equipment Art. 30 An aircraft's radio is licensed by its country of registration and may be used only by flight crew licensed for it.
    • Licences of personnel Art. 32 Crew licences come from the country of registration. But a country may refuse to recognise a licence another country gave to one of its own citizens.
    • Mutual recognition Art. 33 Countries accept each other's certificates and licences, as long as they meet at least ICAO's minimum standards.
    • No munitions of war Art. 35 No weapons or ammunition of war, or other items a country bans, may be carried.
    • Photography Art. 36 A country may ban or control cameras on aircraft flying over it.
  • Standards and transition Arts 37, 39 to 42 What happens when papers fall short of international standards, and the grace periods after a new standard.
    • SARPs Art. 37 Standards and Recommended Practices. ICAO adopts and updates them so that every country's rules are as alike as possible (Article 37).
    • Endorsed certificates Arts 39 and 40 Endorsed means noted on the paper. If a certificate or licence falls short of international standards, the shortfall is written on it, and that aircraft or crew may enter another country only with permission.
    • Older aircraft types Art. 41 Grace period for aircraft. A type submitted for certification before three years after a new airworthiness Standard is not covered by that Standard.
    • Older licences Art. 42 Grace period for people. Licences first issued before one year after a new Standard are exempt, but the Standard applies to every licence still valid five years after it was adopted.

Memory hook: Two certificates, licences, log, radio, people, cargo.

Takeaway: Seven documents on board, all issued or validated by the State of registry; endorsed papers need permission to enter.

What does each freedom let an airline do?

Freedoms

Each row is one flight. Columns are countries. A solid arrow means the airline is carrying paying passengers or cargo.

Memory hook: 1 fly over, 2 stop for fuel, 3 drop off abroad, 4 bring home, 5 carry between two foreign States.

Takeaway: 1st and 2nd carry no traffic (Transit Agreement). 3rd, 4th and 5th carry traffic. Domestic carriage inside a foreign State is cabotage.

What is ICAO for and how is it organised?

ICAO

Four views of ICAO: who sits where, where it works, what it publishes, why it exists.

ICAO runs on its own, and since 1947 it has also been a specialised agency of the UN, reporting to the UN's Economic and Social Council (ECOSOC). Its main parts are an Assembly, a Council and some working bodies.

• ICAO runs on its own, and since 1947 it has also been a specialised agency of the UN, reporting to the UN's Economic and Social Council (ECOSOC). Its main parts are an Assembly, a Council and some working bodies.
• Seats
• Who sits where
• Every dot is one member State. Tap the numbered steps to watch ICAO's bodies form.
• Assembly
• Every member country has a seat and one vote. It is ICAO's highest body and meets at least once every three years.
• Assembly · {n} members, one vote each
• 193 members
• incl. the Cook Islands
• All the UN member countries, plus the Cook Islands, which belongs to ICAO even though it is not a UN member. Its seat is ringed on the chart.
• Not members
• Liechtenstein, Niue, Tuvalu…
• Liechtenstein, Niue, Tuvalu, Vatican City and States with limited recognition. They are the empty seats outside the chamber.
• Council
• The Assembly elects 36 countries to the Council, ICAO's governing board. The Council elects its own President, adopts the Standards and appoints the bodies below.
• Council · {n} States elected by the Assembly
• Air Navigation Commission
• 19 members appointed by the Council. They work out the technical detail of the rules. Drawn as squares: they are people, not countries.
• Air Navigation Commission · {n} members
• Committees
• Working groups appointed by the Council. Tap each one for its size.
• {n} committees, appointed by the Council
• Air Transport Committee
• Appointed by the Council.
• Legal Committee
• Joint Support of Air Navigation Services
• 9 to 11 members
• Between 9 and 11 members, appointed by the Council.
• Finance Committee
• 9 to 13 members
• Between 9 and 13 members, appointed by the Council.
• Unlawful Interference
• 15 members
• The committee that deals with unlawful interference (hijacking, sabotage and similar). The Council appoints its 15 members.
• Secretariat
• ICAO's permanent staff, led by a Secretary-General whom the Council appoints. Five bureaus (departments): tap a door or a name.
• Secretariat · {n} bureaus
• Air Navigation Bureau
• One of the five bureaus of the Secretariat.
• Air Transport Bureau
• Technical Assistance Bureau
• Legal Bureau
• Bureau of Administration and Services
• Offices
• Where ICAO works
• Headquarters in Montreal and seven regional offices serving nine regions. Tap a row.
• City
• Region served
• ICAO's world headquarters.
• ICAO regional office for Asia and Pacific.
• ICAO regional office for Middle East.
• ICAO regional office for Western and Central Africa.
• ICAO regional office for South America.
• ICAO regional office for North America, Central America and Caribbean.
• ICAO regional office for Eastern and Southern Africa.
• ICAO regional office for Europe and North Atlantic.
• 7 offices, 9 regions
• Seven regional offices serve ICAO's nine regions.
• RAN meetings
• Regional Air Navigation meetings, held from time to time to look at what flights need in a particular part of the world.
• Rulebooks
• What ICAO publishes
• Drag the slider or tap a book. The thick ones are rules countries must follow; they thin out into guidance.
• Must follow
• Guidance
• Standards
• in the Annexes · necessary
• Adopted by the Council and kept in the Annexes. Countries must apply them, for safety or regularity. A country that cannot must tell ICAO (Article 38).
• Recommended Practices
• in the Annexes · desirable
• Also in the Annexes. Desirable rather than necessary: countries should apply them, and the Council has asked to be told of differences.
• PANS
• approved by the Council
• Procedures for Air Navigation Services, approved by the Council for worldwide use. Procedures not yet mature enough to be Standards, or too detailed or changed too often for an Annex.
• SUPPs
• like PANS, for one region
• Regional Supplementary Procedures. Like PANS, approved by the Council, but used only in their own region.
• Technical manuals
• guidance on applying the rules
• Guidance that explains the Standards, Recommended Practices and PANS in more detail, to help countries put them into practice.

Takeaway: Assembly of all States, a 36-State Council, committees it appoints, and a Secretariat. 193 members, headquarters Montreal.

What must a State do about ICAO's Standards?

Making SARPs

From adoption to a difference being known to every State.

1. ICAO adopts SARPs Arts 37, 54 and 90 ICAO's Council writes the rules, called Standards and Recommended Practices, and adopts them as Annexes to the Convention.
2. States aim for uniformity Art. 37 Each country works to make its own rules as close to ICAO's as it practically can, so a pilot meets the same rules everywhere.
3. Cannot comply notify ICAO immediately If a country finds it cannot follow a Standard, it must tell ICAO straight away. The gap between its rule and ICAO's is called a 'difference'.
4. Amended Standard 60 days If ICAO changes a Standard and a country will not adopt the change, the country has 60 days from the change being adopted to tell the Council, or to say what it plans to do.
5. Council tells all States immediately The Council immediately tells every other country about the difference, so pilots and airlines know what to expect there.
6. Recommended Practices too invited, not required Nothing forces countries to report differences from Recommended Practices, but the Council has asked them to do so anyway.

Memory hook: Can't comply: tell them now. Amended Standard: sixty days.

Takeaway: Cannot comply: tell ICAO immediately. Amended Standard not adopted: 60 days. The Council then notifies every other State.

Which Annex covers what?

Annexes

Nineteen cards, one per Annex. Watch the picture, read the trick, guess the name, then reveal it.

The 19 Annexes hold ICAO's Standards and Recommended Practices. Annexes 2, 5, 7 and 8 have Standards only.

• Personnel Licensing Licences for the people: flight crew, air traffic controllers and maintenance staff.
• Rules of the Air The traffic rules of the sky. Standards only. Links to Article 12: over the high seas (open ocean belonging to no country), these rules apply.
• Meteorological Service Weather (meteorological) services for international air navigation.
• Aeronautical Charts The maps pilots use.
• Units of Measurement Which units to use in the air and on the ground. Standards only.
• Operation of Aircraft How aircraft are operated: commercial flights, general aviation (private and other non-airline flying) and helicopters.
• Nationality and Registration Marks The letters painted on an aircraft that show its country and registration. Standards only, no Recommended Practices.
• Airworthiness of Aircraft Airworthy means fit and safe to fly. This Annex sets those standards. Standards only, no Recommended Practices.
• Facilitation Making border crossings smooth: customs, immigration and clearance.
• Aeronautical Telecommunications Radio and communication systems for aviation, in five volumes (I to V).
• Air Traffic Services Air traffic control, flight information and alerting (calling for help when an aircraft is in trouble).
• Search and Rescue Finding and helping aircraft in distress.
• Accident and Incident Investigation How aircraft accidents and incidents are investigated.
• Aerodromes Volume I covers aerodrome (airport) design and operation; Volume II covers heliports.
• Aeronautical Information Services Getting information to pilots: the AIP (each country's aviation handbook) and NOTAMs (notices of changes, such as a closed runway).
• Environmental Protection Aircraft noise and engine emissions.
• Security Protecting aviation against unlawful interference, such as hijacking and sabotage.
• Dangerous Goods by Air Carrying dangerous goods (things like chemicals or batteries that could cause harm) safely by air.
• Safety Management Managing safety in an organised way: each country's State Safety Programme and each organisation's SMS (Safety Management System).

Takeaway: Learn each number with its subject. Favourites: Annex 2 Rules of the Air, Annex 14 Aerodromes, Annex 17 Security.

Which ICAO Doc is which?

ICAO Docs

ICAO manuals, called Docs, go by number. Tap one to see its subject. Starred ones are exam favourites.

• PANS-ATM 4444 The procedures air traffic controllers follow. Probably the most-asked Doc.
• Regional SUPPs 7030 The extra procedures that apply only in one region.
• Abbreviations and codes 8400 The list of ICAO abbreviations and codes.
• Aircraft operations 8168 The procedures for operating aircraft.
• Location indicators 7910 The four-letter codes that name each aerodrome and station.
• Operator designators 8585 The codes (designators) used for airlines, aviation authorities and aviation services.
• Aircraft type designators 8643 Aircraft type designators.
• AIS manual 8126 Aeronautical Information Service Manual.
• Aeronautical chart manual 8697 Aeronautical Chart Manual.
• Met procedures manual 8896 Manual of Aeronautical Meteorological Procedure.
• AIS provided by States 7383 Aeronautical information services provided by States.
• Chart catalogue 7101 Aeronautical Chart Catalogue.
• Airport and facility tariffs 7100 A manual on what airports and air navigation services may charge.
• SAR manual 7333 Search and Rescue Manual.
• Radiotelephony 9432 How pilots and controllers talk on the radio.
• Airport services 9137 Airport Service Manual.
• ATS planning 9426 Air Traffic Services Planning Manual.
• WGS-84 9674 World Geodetic System 1984 manual.
• Volcanic ash 9691 Volcanic ash, radioactive material and toxic chemical clouds.
• Interception 9433 Manual concerning interception of civil aircraft.
• Military activities 9554 Safety measures for military activities hazardous to civil aircraft.
• RNP 9613 Manual on RNP (with the RNAV manual).
• Accident/incident reporting 9156 Accident/Incident Reporting Manual.
• Accident investigation 6920 Manual of Aircraft Accident Investigation.
• Accident prevention 9422 Accident Prevention Manual.
• Aerodromes, routes, aids 9342 Aerodromes, air routes and ground aids.
• Global Air Navigation Plan 9750 ICAO's world plan for communication, navigation, surveillance and air traffic management (CNS/ATM).
• GNSS 9849 Global Navigation Satellite System Manual.
• Mode S 9688 Manual on Mode S specific services.
• Testing radio aids 8071 Manual on testing of radio navigation aids.
• SSR 9684 Manual on the Secondary Surveillance Radar systems.
• ATS data link 9694 Manual of ATS data link applications.
• PANS-Aerodromes 9981 PANS Aerodromes.
• PANS-AIM 10066 PANS Aeronautical Information Management.
• ISO standard ISO 8402 Listed in the book alongside the ICAO Docs: ISO Standard 8402.

Takeaway: Learn the favourites: 4444 PANS-ATM, 8168 aircraft operations, 7030 SUPPs, 9432 radiotelephony, 7910 location indicators.

Which treaty applies to this event?

Which treaty?

Eight case files land on your desk. Read each one and press the stamp of the treaty that deals with it.

Crime treaties punish attacks on aviation. Compensation treaties decide who pays. Read the case, then press a stamp.

• Crime treaties punish attacks on aviation. Compensation treaties decide who pays. Read the case, then press a stamp.
• Tokyo 1963
• on board
• Hague 1970
• hijacking
• Montreal 1971
• sabotage
• Beijing 2010
• new threats
• Rome 1952
• damage on the ground
• Warsaw / Montreal 1999
• passenger claims
• Cape Town 2001
• aircraft finance
• Mid-flight, a passenger turns violent and threatens the cabin crew. The captain has him restrained until landing.
• Offences on board, and what the captain may do about them, are the Tokyo Convention. The State where the aircraft is registered has jurisdiction.
• An armed man forces his way into the cockpit and orders the crew to fly to another country.
• Seizing an aircraft by force is hijacking: the Hague Convention. Countries must punish it severely and extradite the offender.
• Before departure, someone hides a device in the hold of an airliner, meant to destroy it in flight.
• Placing a device on board that is likely to destroy or damage an aircraft is sabotage: Montreal 1971.
• A passenger is injured on an international flight and claims compensation from the airline.
• Claims by passengers (and for baggage or cargo) against the airline: the Warsaw Convention, or Montreal 1999 which aims to replace it.
• A foreign aircraft crashes on landing approach and damages houses and cars on the ground.
• Damage to people or property on the ground, caused by a foreign aircraft: the Rome Convention. The operator is liable, up to a limit based on the aircraft's weight.
• Attackers use a cyber attack to break into air navigation systems.
• Beijing 2010 brought the unlawful-acts treaties up to date, covering cyber attacks on navigation and safety systems, and biological and chemical threats.
• A bank lends an airline the money to buy new engines and wants its rights in them recorded internationally.
• Rights of lenders in aircraft and engines (mobile equipment), recorded in an International Registry: the Cape Town Convention.
• Someone deliberately damages a radio navigation aid near an airport, putting aircraft in flight at risk.
• Destroying or damaging air navigation facilities is one of the offences Montreal 1971 added.
• Crimes against aviation
• tokyo
• hague
• montreal71
• beijing
• Who pays, and for what
• warsaw
• rome
• capetown

Memory hook: In date order the crimes grow: on board (1963), seizing the aircraft (1970), sabotage (1971).

Takeaway: Hague for hijacking, Montreal 1971 for sabotage, Tokyo for offences on board; Warsaw or Montreal 1999 for passengers, Rome for the ground.

What does the Tokyo Convention cover?

Tokyo 1963

Offences on board, who has jurisdiction, and the commander's powers.

• Tokyo Convention 1963 offences on board The treaty about crimes and unruly behaviour on board. Signed in Tokyo on 14 September 1963, and India has ratified it.
  • Scope Art. 1 What the Convention covers, and what it leaves out.
    • Penal offences Crimes under criminal (penal) law committed on board.
    • Acts against safety or order Acts that put the aircraft's safety, or good order and discipline on board, at risk, even if they are not crimes.
    • Excluded aircraft military, customs, police It does not apply to aircraft used for military, customs or police work.
    • Political offences Art. 2 Nothing in it allows action for offences of a political kind, or based on racial or religious discrimination.
  • Two meanings of 'in flight' Arts 1 and 5 A trap: 'in flight' means two different things depending on which part of the Convention you are reading.
    • Jurisdiction rules power on to end of landing run For deciding who has legal power over an offence: from the moment power is applied for take-off until the landing run ends.
    • Commander's powers doors closed to doors open For the captain's powers: from the moment all outside doors are closed after boarding until one is opened. After a forced landing, until the authorities take over.
  • Jurisdiction Arts 3 and 4 Jurisdiction means the legal power to deal with an offence. Who has it for offences on board?
    • State of registration Art. 3 The country where the aircraft is registered can deal with offences committed on board.
    • Another State may interfere only if Art. 4, five cases Another country may step in only in five cases: the offence affects its territory; involves its citizen or resident; is against its security; breaks its flight rules; or a treaty requires it.
  • Commander's powers Arts 6 and 7 For the captain's powers: from the moment all outside doors are closed after boarding until one is opened. After a forced landing, until the authorities take over.
    • Reasonable measures and restraint Art. 6 With reasonable grounds, the captain may take reasonable steps, including restraining a person, to protect safety, keep order, or hand the person to the authorities.
    • Crew required, passengers requested Art. 6(2) The captain may order crew to help, but may only ask passengers, not order them.
    • Restraint ends at landing, unless Art. 7, three cases Restraint stops at landing, except in three cases: a non-member country refuses to let the person off; a forced landing leaves no authority to take over; or the person agrees to be carried on.
    • Notify before landing Art. 7(2) If possible before landing, the captain tells that country's authorities that a restrained person is on board, and why.

Takeaway: Registry State has jurisdiction. Commander may restrain, require crew help, request passenger help, and notify before landing.

What does each other convention protect?

Other conventions

Private air law beyond Warsaw and Montreal 1999.

Takeaway: Warsaw family for carriers, Rome for people on the ground, Geneva and Cape Town for those who finance aircraft.

How long does it take to leave a convention?

Leaving a convention

Written notice to ICAO as depositary, which informs every other State.

• Montreal 1999 The carrier liability convention has the shorter notice period. Reference: Art. 54(2).
• Tokyo, Hague, Montreal 1971, Protocol 1988, Beijing Every security-related convention uses 6 months' notice. Articles: Tokyo 25(2), Hague 15(2), Montreal 1971 17(2), Protocol 1988 10(2), Beijing 25(2).
• Written notice to ICAO A country leaves a treaty by writing to ICAO, which keeps the treaty, and ICAO then tells every other member.

Takeaway: Security conventions: 6 months. Montreal 1999 carrier liability: 90 days. Always in writing, always to ICAO.

Who does what in Indian civil aviation?

Indian civil aviation

Follow one new aircraft, VT-ONE, from the factory to the sky. At every stop, see which of the three bodies is in charge.

• Ministry of Civil Aviation (MoCA)
• The government ministry at Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi. It makes India's aviation policy and looks after the Aircraft Act 1934 and Aircraft Rules 1937. Under it: DGCA, BCAS and IGRUA (attached or self-governing bodies); NACIL, AAI and Pawan Hans (government companies); and, oddly, the Commission of Railway Safety.
• Directorate General of Civil Aviation (DGCA)
• India's safety regulator and its link with ICAO. Its 12 jobs: registration, airworthiness, licensing crew and engineers, licensing controllers, certifying aerodromes and CNS/ATM, Air Operator's Certificates, accidents and safety, amending the law, flexible use of airspace, noise and emissions, aircraft made in India, and dangerous goods.
• Airports Authority of India (AAI)
• Set up on 1 April 1995 by joining the two older airport bodies (one for international airports, one for national ones). Its 3 jobs: airports and terminals; Indian airspace and air traffic services; navigation aids and aeronautical information.
• Factory
• Indigenous aircraft
• DGCA promotes aircraft and parts that are designed and made in India.
• Register
• Registration
• DGCA registers civil aircraft in India.
• Hangar
• Airworthiness
• DGCA sets the standards for fitness to fly and issues the certificate of airworthiness for Indian-registered aircraft.
• Airline
• Air Operator's Certificate
• DGCA gives the AOC, the permit an Indian airline needs to operate. It also regulates and clears flights to, from, within and over India.
• Ministry companies
• Some operators belong to the Ministry itself: NACIL (the national airline company) and Pawan Hans (helicopters) are government companies under MoCA.
• Crew
• IGRUA
• Indira Gandhi Rashtriya Udan Academy, a flying academy, is a self-governing body under the Ministry.
• Licensing crew and engineers
• DGCA licenses pilots, flight engineers and maintenance engineers, and runs their exams and checks.
• Licensing controllers
• DGCA licenses air traffic controllers too.
• Airport
• Airports and terminals
• AAI designs, builds, runs and maintains airports, civil areas at military airfields (civil enclaves), and passenger and cargo terminals.
• Aerodromes and CNS/ATM
• DGCA certifies aerodromes and the communication, navigation, surveillance and air traffic management (CNS/ATM) facilities. AAI runs the airport; DGCA checks it.
• BCAS and AAI
• Airport security is overseen by BCAS, a body attached to the Ministry. AAI itself is a Ministry-owned company.
• Cargo
• Dangerous goods
• DGCA approves airlines' dangerous goods training and authorises the carriage of dangerous goods.
• Take-off
• Noise and emissions
• DGCA checks aircraft noise and engine emissions against ICAO Annex 16.
• Sky
• Airspace and air traffic services
• AAI controls Indian airspace, including the airspace over the sea that ICAO has given India, and provides air traffic services.
• Aids and information
• AAI provides navigation aids (ILS, DVOR, DME, radar and visual aids) and information for pilots: AIP, NOTAMs, AIRACs and PIBs.
• Flexible use of airspace
• DGCA arranges sharing of airspace between civil and military users, and seeks more civil air routes through ICAO.
• Incident
• Accidents and safety
• DGCA investigates accidents and incidents and works to prevent them, including safety management programmes.
• New Delhi
• Amending the law
• When ICAO changes an Annex, DGCA brings Indian law up to date: the Aircraft Act and its Rules, plus the CARs (Civil Aviation Requirements). It also proposes new laws so that treaties India signs take effect.
• Policy and the Acts
• The Ministry, at Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi, makes national aviation policy and looks after the Aircraft Act 1934 and the Aircraft Rules 1937. DGCA itself is attached to the Ministry.
• Odd one out
• Commission of Railway Safety
• It handles rail safety under the Railways Act 1989, yet it sits under the Ministry of Civil Aviation.

Memory hook: Owner, Referee, Landlord. AAI runs the airport, DGCA certifies it. If it is a licence, a certificate or a rule, it is DGCA.

Takeaway: The Ministry is the owner: it makes policy and owns the other bodies. DGCA is the referee: it registers, certifies, licenses and investigates (12 jobs). AAI is the landlord: it runs the airports and the sky (3 jobs).

Numbers to know

Numbers

The counts and periods examiners like, in one list.

Pairs that catch students out

Don't mix up

Each pair looks alike. The line underneath tells them apart.

• ICAO Standard: Mandatory. Recommended Practice: Desirable. A State that cannot comply with a Standard must notify the difference (Art. 38).
• Transit Agreement: 1st and 2nd freedoms. Transport Agreement: 3rd to 5th freedoms. Technical freedoms are transit; commercial freedoms are transport. India ratified only the transit one.
• Tokyo 1963: Offences on board. Hague 1970: Hijacking. Tokyo is about conduct on board; Hague is about seizing the aircraft.
• Hague 1970: Hijacking. Montreal 1971: Sabotage. Hague is seizure of the aircraft; Montreal is sabotage and attacks on facilities.
• Cabotage (Art. 7): Domestic carriage inside a foreign State. 5th Freedom: Carriage between two foreign States. Cabotage stays inside one foreign State; the 5th freedom links two.
• Crew help: The commander may require it. Passenger help: The commander may only request or authorise it. Tokyo Art. 6(2): crew can be ordered to help; passengers cannot.

Test yourself

Ten quick questions from this chapter.

1. Which Chicago Article gives every State complete and exclusive sovereignty over its airspace?

   • Art. 3
   • Art. 7
   • Art. 1
   • Art. 12

   Answer: Art. 1. Article 1 is sovereignty; Article 3 limits the Convention to civil aircraft.

2. A State finds it impracticable to comply with an ICAO Standard. When must it tell ICAO?

   • Immediately
   • Within 60 days
   • Within 45 days

   Answer: Immediately. Article 38: immediate notification. The 60 days apply only when a State does not adopt an amended Standard.

3. An aircraft on an international flight carries passengers. What does Article 29 add to its documents?

   • A cargo manifest
   • A list of their names, embarkation and destination
   • A copy of each passenger's passport

   Answer: A list of their names, embarkation and destination. Passengers bring the passenger list; cargo would bring a manifest and declarations.

4. How many States sit on the ICAO Council?

   • 19
   • 52
   • 193
   • 36

   Answer: 36. The Council has 36 States elected by the Assembly; the Air Navigation Commission has 19 members.

5. An airline lands in a foreign State only to refuel, carrying no traffic on or off. Which freedom is this?

   • 3rd
   • 5th
   • 2nd
   • 1st

   Answer: 2nd. Landing for non-traffic purposes is the 2nd freedom, under the Transit Agreement.

6. Under Tokyo 1963, whose help may the aircraft commander require, not just request?

   • Passengers
   • Other crew members
   • Airport police at the next stop

   Answer: Other crew members. Crew can be required; passengers can only be requested or authorised to help.

7. Which convention deals with hijacking?

   • Tokyo 1963
   • Montreal 1971
   • Hague 1970
   • Warsaw 1929

   Answer: Hague 1970. Hague 1970 covers unlawful seizure of aircraft; Tokyo covers offences on board and Montreal 1971 sabotage.

8. India gives notice that it is leaving the Montreal Convention 1999 on carrier liability. When does that take effect?

   • 30 days after the notice
   • 90 days after the notice
   • 6 months after the notice
   • 1 year after the notice

   Answer: 90 days after the notice. Montreal 1999 needs 90 days' notice; the aviation security conventions need 6 months.

9. A new international air convention needs an Indian Act before it applies here. Who starts the proposal for that Act?

   • The Ministry of Law
   • DGCA
   • Airports Authority of India
   • Parliament itself

   Answer: DGCA. Initiating proposals for legislation that gives effect to conventions is one of DGCA's functions.

10. Under Montreal 1999, up to what amount can the carrier not contest a claim for passenger injury or death?

    • SDR 100,000
    • 113,100 SDR
    • No amount; it can always contest

    Answer: 113,100 SDR. Up to 113,100 SDR the carrier cannot contest; there is no upper limit. SDR 100,000 is the Warsaw death limit.