Part I — Air navigation

General principles and application of the Convention

The Convention on International Civil Aviation, also known as the Chicago Convention, sets out the general principles and application of international civil aviation. The Convention established the International Civil Aviation Organization (ICAO) as a specialized agency of the United Nations, with the aim of promoting the safe and orderly development of international civil aviation throughout the world.

The Convention lays out several key principles that guide international civil aviation, including the freedom of the skies, the principle of non-discrimination, and the right to overfly territory. The freedom of the skies principle allows aircraft to fly over the territory of other countries without the need for prior permission. The principle of non-discrimination ensures that all states are treated equally in the provision of international air services. And the right to overfly territory ensures that aircraft can fly over the territory of other countries without landing.

The Convention also lays out the framework for the regulation of air navigation, safety, and the protection of the environment. It requires states to take steps to ensure the safety of international civil aviation and to prevent aircraft accidents. It also requires states to take measures to protect the environment, including the reduction of noise and emissions from aircraft.

The Convention also sets out the principles for the operation of international air services, including the right to operate scheduled and non-scheduled services, the right to establish air routes and fix airfares, and the right to provide air navigation services. The Convention also establishes the principle of mutual assistance between states in the event of aircraft accidents or incidents.

In summary, the Convention on International Civil Aviation provides the general principles and framework for international cooperation in the field of civil aviation. It is widely considered as one of the most successful international agreements and it has been ratified by 191 countries. It continues to be the basis for the development of international air law and it is considered as a cornerstone of the international civil aviation system.

Flight over territory of Contracting States

The Convention on International Civil Aviation, also known as the Chicago Convention, establishes the principle of the right to overfly territory, which allows aircraft to fly over the territory of other countries without the need for prior permission. This principle is set out in Article 2 of the Convention, which states that "Each contracting State recognizes that every other contracting State has, in relation to aircraft flying over its territory without landing, the rights of freedom of flight and of transit."

This principle applies to all Contracting States, which have ratified the Convention, and it applies to all types of aircraft, including civil and military aircraft. However, the right to overfly territory is not absolute and is subject to certain conditions and restrictions. For example, aircraft must comply with the rules and regulations of the country over which they are flying, including rules on air traffic control, navigation, and safety.

States also have the right to impose certain restrictions on the overflight of their territory for reasons of national security, public order, or safety. However, such restrictions must be non-discriminatory and must not unduly interfere with the freedom of overflight.

In addition, the Convention also allows Contracting States to establish air traffic control and navigation services, and to charge fees for the use of such services. And in the case of emergency, or for reasons of safety, a Contracting State may require an aircraft to land in its territory.

In summary, the Convention on International Civil Aviation establishes the principle of the right to overfly territory, which allows aircraft to fly over the territory of other Contracting States without the need for prior permission. However, this principle is subject to certain conditions and restrictions, and states have the right to impose certain restrictions for reasons of national security, public order, or safety.

Nationality of aircraft

The Convention on International Civil Aviation, also known as the Chicago Convention, establishes the principle of nationality of aircraft. This principle is set out in Article 3 of the Convention, which states that "Every aircraft engaged in international air navigation shall bear its national registration marks."

This principle means that an aircraft must be registered in a particular country, and it must display the registration marks of that country, also known as "nationality marks" on its fuselage or wing. This allows other states to easily identify the country of registration of an aircraft and facilitates the exercise of jurisdiction over the aircraft and its crew in case of an emergency or violation of rules.

The registration of an aircraft is done in accordance with the laws of the country of registration. These laws set out the criteria for registration and the procedure for registration, and they also specify the rights and obligations of the registered owner of the aircraft.

In addition, the Convention also established the principle of registration of aircraft, which is the process of recording the details of an aircraft in a register maintained by the State of registration. This registration serves as proof of the nationality of an aircraft and is a pre-condition for the operation of an aircraft in international air navigation.

In summary, the Convention on International Civil Aviation establishes the principle of nationality of aircraft which means that an aircraft must be registered in a particular country and must display the registration marks of that country. This principle allows other states to easily identify the country of registration of an aircraft and facilitates the exercise of jurisdiction over the aircraft and its crew in case of emergency or violation of rules. This principle is a cornerstone of international civil aviation system, and it is essential for the safety and security of international air navigation.