The Chicago Convention and the freedoms of the air

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 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.