Chicago Convention - Definition
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What is the Chicago Convention?
Chicago Convention, also known as The Convention on International Civil Aviation, is a multi-national agreement giving rise to a special agency called Civil Aviation Organization (ICAO). This agency is concerned with monitoring and managing international air movements. It sets the regulations and safety standards that govern traveling on air. Besides these, it ensures that air fuel is not subjected to double taxation.
A Little More on What is Chicago Convention
The Convention was signed into existence by 52 countries as the signatories on December 7 in 1944 in Chicago then ratified on March 5, 1947. It was implemented on April 4, 1947, the same year that the ICAO was effected. Later in October the same year, ICAO became a special branch of the United Nations Economic and Social Council (ECOSOC).
Interestingly, this convention has undergone changes and revision eight times. By November 2017 the Chicago Convention had 192 countries which are members of the UN except Liechtenstein and Dominica. The Cook Islands is also a member of the Convention despite not being a UN member. This convention covers Liechtenstein on the basis of the ratification of Switzerland. Some important articles are:
- Every country has full control of the airspace within its territory.
- Every state must avoid the use of weapons against flying aircraft.
- Apart from the planned international flights, state flights have the rights to fly across other territories and make stops without prior notice. However in some cases; the country may require the flight to land.
- No planned international flight can operate within the borders of a contracting country without the special authority of that nation.
- The state may specify particular points where flights can be landing and taking off.
- Every country should try to match its air a regulation with those found in the convention. The contracting country has an obligation to ensure these rules are complied to.
- All the state rules governing the arrival and departure of travelers must be adhered to while on arrival, departure and when within the state boundary.
- The agencies of every state have the rights to inspect the flights of other countries while landing and flying out without much delay.
- Flights passing other territories shall temporarily enjoy free custom duty on things like oil, fuel, spare parts, regular equipment and aircraft stores on board.
- Before a global flight flies the pilot should ensure that the flight is airworthy with relevant documents on board. The documents include;
- The flights taking the boundaries of another nation shall carry radios licensed and used as per the rules of the nation where the aircraft is registered. Only licensed crews may use the radios while following the rules in the country where the flight is registered.
- All those operating international flights whether pilots or crews must possess certificates of competency and licenses approved by the country where the plane is registered.
- Certificates of airworthiness, of competency and licenses granted by the state that registered the flight shall be accepted by other countries as authentic. The specifications for giving these documents must match the standards specified in the Convention
- No flight or staffs with certificates or approved licenses can engage in global navigation without being granted authority with the state(s) whose boundary is entered. Anyone holding the license and does not meet international measures pertaining to that certificate/license shall attach additional information on that license explaining why he does not meet those requirements.
Academic Research for Chicago Convention
- International civil aviation and the law, Jennings, R. Y. (1945). Brit. YB Int'l L., 22, 191. The author in this article is concerned with the International civil aviation and the existing law.
- International aviation emissions to 2025: Can emissions be stabilised without restricting demand?, Macintosh, A., & Wallace, L. (2009). Energy Policy, 37(1), 264-273. This article talks about how the aviation industry has contributed to the climatic changes from 1990 to 2025. It tells us how the production of CO2 by the industry of aviation has led to the trading of emissions and carbon levies to put a limit on demand and continuous innovation. The results suggest how global aviation CO2 release will shoot up by more than 110% between 2005 to 2025((from 416 Mt to between 876 and 1013 Mt). It goes ahead to inform us how these emissions can be stabilized to the levels of risk-averse climate without putting a hindrance on demand.
- Aircraft Hijacking and International Law, Agrawala, S. K. (1973). Journal of Air Law and Commerce, 39(4), 659. The author here is concerned with how international laws deal with eventualities like the hijacking of the aircraft while on space.
- International Civil Aviation Organization. An Introduction, Weber, L. (2007). Air and Space Law, 32(4), 417-417. This writer in this article is focusing on giving introductory lessons regarding the International Civil Aviation Organization.
- Emissions trading for international aviationan estimation of the economic impact on selected European airlines, Scheelhaase, J. D., &Grimme, W. G. (2007). Journal of Air Transport Management, 13(5), 253-263. Global aviation accounts for between 2.5% and 3% of anthropogenic CO2 release which partially accounts for changes in climatic conditions. This is why there is a need to come up with how to regulate international aviation to control these emissions. The author talks about the probabilities of aviation being part of the current emissions business schemes. It goes ahead to predict the effects on cost of operations and transport demand for less cost, complete service, and regional and holiday airlines under 3 separate design options for the scheme for trading in these emissions.
- International Law and Activities in Space1, Jenks, C. W. (1956). International & Comparative Law Quarterly, 5(1), 99-114. This paper talks about international laws and activities in space and who becomes liable in case there is damage in the space.
- Unmanned aerial systems and international civil aviation organization regulations, Marshall, D. (2009). NDL Rev., 85, 693. This paper is talking about the effects that un-monitored aerial systems have on the international civil aviation organization regulations
- The Development of the authentic trilingual text of the Convention on International Civil Aviation, FitzGerald, G. F. (1970). American Journal of International Law, 64(2), 364-371. The author in this article is concerned with how authentic trilingual text of the Convention on International Civil Aviation can be developed.
- The bearing of international air navigation conventions on the use of outer space, Latchford, S. (1959). American Journal of International Law, 53(2), 405-411. The paper narrates to us how the navigation of international air influences the use of the outer space.
- Air Cabotage and the Chicago Convention, Sheehan, W. M. (1950). Harvard Law Review, 63(7), 1157-1167. The author narrates to us that how engaging in air cabotage goes against the rules and standards of the Chicago Convention
- Chicago International Civil Aviation Conference, Bowen, H. A. (1944). Geo. Wash. L. Rev., 13, 308. The author in this article is telling us about the International Civil Aviation Conference that was held in Chicago.