International Air Law and ICAO Book

About the Author ix

Foreword to the Revised Edition xi

1 Air Law - Concept and Definitions 1

2 Historical Evolution of Air Law 5

2.1 Paris Conference 1910 7

2.2 Paris Convention 1919 9

2.3 Madrid Convention 1926 12

2.4 Havana Convention 1928 12

2.5 Chicago Conference 1944 13

3 Convention on International Civil Aviation (Chicago, 1944) 17

3.1 Depositary 18

3.2 Authentic Texts of the Convention 19

3.3 Amendment of the Convention 22

3.4 Parties to the Convention 29

3.5 Expulsion of a State Party 31

4 International Legal Regime of the Air Space 33

4.1 Territory 35

4.2 Air Space Over the Sea 37

4.2.1 High Seas 37

4.2.2 Contiguous Zone 38

4.2.3 Straits Used for International Navigation 38

4.2.4 Archipelagic Waters 39

4.2.5 Exclusive Economic Zone (EEZ) 40

4.2.6 Continental Shelf 41

4.3 Polar Regions 41

4.4 Specific Rights of States in the Sovereign Air Space 42

4.5 International Duties of States in their Air Space 47

4.6 Protection of the Sovereign Air Space 49

4.7 Justifiable Use of Force Against Civil Aircraft? 58

5 International Legal Regime of Aircraft and Its Operation 61

5.1 Civil Aircraft and State Aircraft 62

5.1.1 Evolution of the Legal Regime for Civil and State Aircraft 63

5.1.2 Chicago Convention on Civil and State Aircraft 65

5.1.3 Other International Instruments Relating to Civil/State Aircraft 66

5.1.4 Applicability of ICAO Standards, Recommended Practices and Procedures 68

5.1.5 "Definition" of Civil and State Aircraft 71

5.1.6 De Lege Ferenda … 75

5.2 Nationality and Registration of Aircraft 77

5.3 Joint and International Registration of Aircraft 79

5.4 Functions of the State of Registry 82

5.5 Transfer of Functions and Duties from the State of Registry to the State of the Operator 87

5.6 "Nationality" of an Airline and "Substantive Ownership…" Clause 90

5.7 Aircraft Accident Investigation 93

5.8 Aircraft in Distress 99

5.9 Documents Carried in Aircraft 101

6 Legal Regime of International Air Transport 105

6.1 General 105

6.2 Non-Scheduled International Flight 107

6.3 Scheduled International Air Service 109

6.3.1 International Air Services Transit Agreement 110

6.3.2 International Air Transport Agreement 111

6.4 Bilateral Agreements on Air Services 114

6.5 Code-Sharing of Air Services 121

6.6 Computer Reservation Systems (CRS) 121

6.7 Air Transport as "Trade in Services"? 123

7 International Civil Aviation Organization (ICAO) 127

7.1 History 127

7.2 PICAO 128

7.3 ICAO 130

7.3.1 Aims and Objectives 130

7.3.2 Permanent Seat 132

7.3.3 Legal Status of ICAO 133

7.3.4 Specialized Agency of the UN System 135

7.3.5 Organs of ICAO 138

7.3.5.1 ICAO Assembly 139

7.3.5.2 ICAO Council 149

7.3.5.3 ICAO Secretariat 181

7.3.5.4 ICAO: Legal Committee 187

7.3.5.5 Settlement of Differences in ICAO 194

7.4 Does the Chicago Convention Require Modernization? 205

8 Legal Management of Aviation Security 219

8.1 Unlawful Seizure of Aircraft 219

8.2 1963 Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft 223

8.3 The Hague Convention for the Suppression of Unlawful Seizure of Aircraft of 16 December 1970 232

8.3.1 Definition of the "Offence" 234

8.3.2 Jurisdiction of Courts and Extradition of Offenders 236

8.4 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, signed on 23 September 1971 241

8.5 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal on 23 September 1971, signed at Montreal, on 24 February 1988 249

8.6 Convention on the Marking of Plastic Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991 253

8.7 Annex 17 - Security 258

8.8 Unruly/Disruptive Passengers 262

8.9 MANPADS 265

8.10 "Bonn Declaration" 267

8.11 Other Acts or Offences of Concern Addressed after "911" 268

9 International Unification of Private Air Law Through ICAO 275

9.1 Convention on International Recognition of Rights in Aircraft Signed at Geneva on 19 June 1948 276

9.1.1 Background 276

9.1.2 Outline of the Convention 278

9.2 "Warsaw System" and the 1999 Montreal Convention 281

9.2.1 Background of the Warsaw Convention of 1929 281

9.2.2 Basic Elements of the 1929 Warsaw Convention 282

9.2.2.1 The Format and Legal Significance of the Documents of Carriage (Passenger Ticket, Baggage Check, Air Waybill) 283

9.2.2.2 Regime of Liability 283

9.2.2.3 Limitation of Liability 284

9.2.2.4 Jurisdiction of Courts 285

9.2.3 Steps in the Amendments of the Warsaw Convention 286

9.2.3.1 The Hague Protocol 1955 287

9.2.3.2 Guadalajara Convention 1961 288

9.2.3.3 Montreal Agreement 1966 290

9.2.3.4 Guatemala City Protocol 1971 291

9.2.3.5 Additional Protocols Nos. 1-3 and Montreal Protocol No. 4 1975 293

9.2.3.6 Japanese Initiative 295

9.3 Montreal Convention 1999 297

9.4 Damage Caused by Foreign Aircraft to Third Parties on the Surface 300

9.4.1 After "911" 305

9.5 International Interests in Mobile Equipment 309

Appendices 315

Bibliography of Documents 415

1 General documents 415

2 ICAO Documents 415

a International instruments 415

b ICAO Standards and Recommended Practices (SARPs) 417

c ICAO Assembly Resolutions in Force 417

d Procedures for Air Navigation Services (PANS) 417

e Annual Reports of the Council to the Assembly 418

f ICAO Rules 418

3 Internet Links 418

4 General bibliography of air law 418

Index 419