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CONVENTIONS Rapid development of aviation has brought some international problems such as:  The coordination of operational techniques and laws  The.

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Presentation on theme: "CONVENTIONS Rapid development of aviation has brought some international problems such as:  The coordination of operational techniques and laws  The."— Presentation transcript:

1 CONVENTIONS Rapid development of aviation has brought some international problems such as:  The coordination of operational techniques and laws  The dissemination (spreading widely) of technical and economic information far beyond the ability of individual governments to solve.

2 The need for safety and reliability in air transportation involves: The need for safety and reliability in air transportation involves: * Building airports * Building airports * Setting up navigation aids * Establishing weather reporting systems The standardization of operational practices for international services is fundamental importance so that no error may be caused by misunderstanding or inexperience. The standardization of operational practices for international services is fundamental importance so that no error may be caused by misunderstanding or inexperience.

3 The establishment of such standards or rules of the air, of air traffic control, of personnel licensing and of the design of airplanes and airports and other considerations of prime importance to the safety and economic viability of international aviation all require more than national action. The establishment of such standards or rules of the air, of air traffic control, of personnel licensing and of the design of airplanes and airports and other considerations of prime importance to the safety and economic viability of international aviation all require more than national action.

4 As the airplane developed during the first decade of 20 th century, the question arose as to the sovereignty of each nation in the airspace above it. As the airplane developed during the first decade of 20 th century, the question arose as to the sovereignty of each nation in the airspace above it. “Should airspace above a nation be considered within the sovereignty of each nation or should airspace, like the high seas, be considered international?” “Should airspace above a nation be considered within the sovereignty of each nation or should airspace, like the high seas, be considered international?”

5 Two principle theories of national sovereignty of airspace were advocated by international jurists: 1. The air is free and therefore that individual states have no authority over it, either in time of peace or in time of war, except when necessary for self-preservation.

6 2. The opposing view held that the individual states indeed have a right of sovereignty over the airspace above their soil. They claimed that aircraft flying only a few miles over the land are in a position to observe, photography and obtain data that might be used to the disadvantage of the nation over which the aircraft are flown

7  As the close of World War I, in November 1918, the problems of international air control became an important subjects at the peace conference. The secretary of the Inter-Allied Aviation Committee proposed that the committee be constituted as an organization for international air regulation.

8 THE PARIS CONVENTION-1919  Representatives from the allied and associated nations met in Paris in 1919 and formed the International Commissions for Air Navigation and enacted the International Air Navigation Code, usually referred to as Paris Convention of 1919.

9  The war experiences and the unity of the allies tended to promote agreement among them. With the convention, some principles were drawn up. These principles served as guides to 3 sub-commissions on technical problems; legal problems and military affairs that drafted the text of the convention and its annexes.

10 THE PARIS CONVENTION-1919  On October 13, 1919, the convention, with its annexes, was agreed upon, adopted and opened the signature by the representatives of 32 allied and associated powers represented at the peace conference. The 34 articles covered the reservation of sovereignty of airspace by the contracting nations;

11 THE PARIS CONVENTION-1919 -each nation’s registry of aircraft -the issuance of certificates of airworthiness and competence by each contracting nation -the flight of aircraft across foreign territory -international aircraft navigation rules -prohibition of the transportation of arms, explosives and photographic equipment by aircraft -the establisment and maintenance of a permanent commission for air navigation.

12 THE PARIS CONVENTION-1919 The supplementary annexes covered such subjects; The supplementary annexes covered such subjects;  Regulations for certificates of airworthiness  Logbook regulations  Light and signal rules  Pilot and navigator license regulations  İnternational aeronautical maps and ground marking  The collection and distribution of meteorological information  National customs regulations.

13 THE WARSAW CONVENTION-1929 It is the convention for the unification of certain rules relating to international transportation by air applies to any intarnational transportation of persons, baggage or merchandise by aircraft compensations. The Warsaw Convention provided that an air carrier was liable for damages sustained by: It is the convention for the unification of certain rules relating to international transportation by air applies to any intarnational transportation of persons, baggage or merchandise by aircraft compensations. The Warsaw Convention provided that an air carrier was liable for damages sustained by:  Death or injury to the passengers  Destruction, loss or damage to baggage or goods  Loss resulting from delay in the transportation of passengers, baggage or merchandise.

14 THE WARSAW CONVENTION-1929  The limit of liability with respect to passengers on international flights was set at 8300 USD. The convention also set standards for passenger tickets, cargo waybill and other air travel documentation.  On September 28, 1955 the monetary limit was doubled to 16600 USD as a maximum recovery for death and extended to agents of the carrier. At a diplomatic conference, held in Guetemala City in 1971, the limit of the carrier’s liability adopted as a maximum amount of 100.000 USD per person.

15 THE CHICAGO CONFERENCE-1944  Worl War II had a tremendous impact on the technical development of air transportation, but there were many problems on political, legal, economical and technical subjects. Therefore, representatives of 52 nations assembled in Chicago in November, 1944.  The aim of the conference was to foster (to develop) development of international civil aviation “in a safe and orderly manner” to establish international air transport service on the basis of equality of service.

16 THE CHICAGO CONFERENCE-1944 The contracting states were required to undertake to secure the highest degree of uniformity in complying with international standards and practices with respect to the followings: The contracting states were required to undertake to secure the highest degree of uniformity in complying with international standards and practices with respect to the followings:  Communication systems and air navigation aids  Characteristics of airports and landing areas  Rules of air and air traffic control practices  Licensing of operating and mechanical personnel  Airworthiness of aircraft

17 THE CHICAGO CONFERENCE-1944  Registration and identification of aircraft  Collection and exchange of meteorological information  Logbooks  Aeronautical maps and charts  Customs and immigration procedures  Aircraft in distress and investigation of accidents and other matters concerning the safety, regularity and efficiency of air navigation.

18 THE CHICAGO CONFERENCE-1944  The Chicago Conference established the International Civil Aviation Organization (ICAO) to foster the planning and development of international air transport.  The Chicago Conference provided another significant document, “The International Air Transport Agreement” or the “Five Freedoms Agreement”. This agreement is applicable only to civil aircraft engaged in scheduled air services.

19 TOKYO CONFERENCE-1963 This convention provides that the State of Registration of an aircraft is competent to exercise jurisdiction over offences and acts committed on board. This convention provides that the State of Registration of an aircraft is competent to exercise jurisdiction over offences and acts committed on board. Its object is to ensure that offences, wherever committed should not go unpunished. As certain acts committed on board or may prejudice good order and discipline on board, the aircraft commander and others are empowered to prevent such acts being committed and to disembark the person concerned.

20 TOKYO CONFERENCE-1963 In the case of an anticipated or actual unlawful or forcible seizure of an aircraft in flight by a person on board, the States party to the Convention are obliged to take all appropriate measures to restore and preserve control of the aircraft to its lawful commander. In the case of an anticipated or actual unlawful or forcible seizure of an aircraft in flight by a person on board, the States party to the Convention are obliged to take all appropriate measures to restore and preserve control of the aircraft to its lawful commander.

21 HAGUE CONFERENCE-1970  Convention for the Suppression of Unlawful Seizure of Aircraft was signed at the Hague in December 1970.  The Convention defines the Act of Unlawful Seizure of Aircraft, and lists which Contracting States have undertaken to make such offences punishable by severe penalties.  The Convention contains detailed provisions on the establishment of jurisdiction by States over the offence, on the taking of the offender into custody and on the prosecution or extradition of the offender.

22 MONTREAL CONFERENCE-1971 This convention came into force on 26 January 1973. It is mainly concerned with acts other than those pertaining to the unlawful seizure of aircraft. For example: This convention came into force on 26 January 1973. It is mainly concerned with acts other than those pertaining to the unlawful seizure of aircraft. For example:  Acts of violence on board which endanger people and property and safety of the aeroplane.  The destruction of an aircraft in service or causing damage which renders it incapable of flight or which is likely to endanger its safety in flight.

23 MONTREAL CONFERENCE-1971  Placing in an aircraft any device likely to destroy, damage or render unfit for flight any aircraft.  Destroying or damaging any air navigation facility or interference with its correct operation.  The communication of information known to be false which endangers the safety of an aeroplane in flight.

24 The Protocol Supplementary to the Montreal Convention of 1971 This protocol was adopted by a conference, which met at Montreal in 1988. It extends the definition of offence given in the 1971 Convention to include specified acts of violence at airports serving international civil aviation. Such acts include: This protocol was adopted by a conference, which met at Montreal in 1988. It extends the definition of offence given in the 1971 Convention to include specified acts of violence at airports serving international civil aviation. Such acts include:  The international and unlawful use of any device, substance or weapon in performing an act of violence against a person at an airport serving international civil aviation, which causes or is likely to cause serious injury or death.

25 The Protocol Supplementary to the Montreal Convention of 1971  The international and unlawful use of any device, substance or weapon to: a. Destroy or seriously damage the facilities of an airport. b. Destroy or seriously damage aircraft not in service at the airport. c. Distrupt the services at an airport.

26 FREEDOMS OF THE AIR  The first and second freedoms are considered as technical freedoms. The third, forth and fifth freedoms are called commercial freedoms. FIRST FREEDOM The right to fly over another country without landing. SECOND FREEDOM The right to make a landing for technical reasons (e.g. refueling) in another country without picking up/setting down revenue traffic. (The privilege to land non-traffic purposes).

27 FREEDOMS OF THE AIR THIRD FREEDOM The right to carry revenue traffic from your own country (A) to the country (B) of your treaty partner (e.g. From İstanbul to Paris). FOURTH FREEDOM The right to carry traffic from country (B) back to your own country (A). (e.g. From Paris to İstanbul).

28 FREEDOMS OF THE AIR FİFTH FREEDOM The right of an airline from country (A) to carry revenue traffic between country (B) and other countries such as (C) or (D) on services starting or ending in its home country (A). This freedom cannot be used unless countries (C) or (D) also agrees. (The right for an airline to carry traffic between countries outside its own country).

29 SUPPLEMENTARY RIGHTS SIXTH FREEDOM  The use by an airline of country (A) of two sets of third and fourth freedom rights to carry traffic between two other countries but using its base at (A) as a transit point.  This freedom is very rarely accepted in bilateral agreements or in multi-lateral conventions. For example, it permits to the same passenger to fly Paris-London then London-Singapore with British Airways.

30 SUPPLEMENTARY RIGHTS SEVENTH FREEDOM The right of an airline to carry revenue traffic between points in two countries on services which lie entirely outside its own home country. For example, Singapore permitted British companies to handle traffic from Singapore to South-East Asia. The right of an airline to carry revenue traffic between points in two countries on services which lie entirely outside its own home country. For example, Singapore permitted British companies to handle traffic from Singapore to South-East Asia.

31 SUPPLEMENTARY RIGHTS EIGHT FREEDOM  The eight freedom is also called cabotage. The right for an airline to pick up and set down passengers or freight between two domestic points in another country on a service originating in its own home country. This freedom is the most protected by the states. Domestic market depends on the sovereignty of each state.

32 SUPPLEMENTARY RIGHTS NINTH FREEDOM This freedom is a direct result of the IATA conference and permits interlining or code sharing. This is a scheduled flight being flown by an operator other than the operator to whom the schedule has been granted or with whom the schedule is shared. In this situation, the flight code (identifying the carrier/operator and the schedule flight) is used by another operator. In this situation, the passenger must be informed who the actual carrier is. This freedom is a direct result of the IATA conference and permits interlining or code sharing. This is a scheduled flight being flown by an operator other than the operator to whom the schedule has been granted or with whom the schedule is shared. In this situation, the flight code (identifying the carrier/operator and the schedule flight) is used by another operator. In this situation, the passenger must be informed who the actual carrier is.

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34 BILATERAL AGREEMENTS At first it was the desire of leaders of the conference to develop a multilateral air transport agreement, by which many countries would enter into an agreement regarding air routes. However, the Multilateral Transport Agreement was rejected by a majority of the states and all that was left to work out commercial freedoms were bilateral negotiations. At first it was the desire of leaders of the conference to develop a multilateral air transport agreement, by which many countries would enter into an agreement regarding air routes. However, the Multilateral Transport Agreement was rejected by a majority of the states and all that was left to work out commercial freedoms were bilateral negotiations.

35 BILATERAL AGREEMENTS  As a result of this rejection the Final Act of the Chicago Convention includes a “Form of Standards Agreement for Provisional Air Routes”. One of the first of these bilateral agreements was the Bermuda Agreement (1946).  Agreements concluded on the Chicago standard form have the following provisions:

36 BILATERAL AGREEMENTS  Intergovernmental exchange of air rights to be exercised by designated airlines of the respective countries.  Equality of treatment and non-discriminatory practices with respect to airport charges.  The imposition of customs duties and charges in certain cases.  Mutual recognition of worthiness certificates and personnel.

37 BILATERAL AGREEMENTS  Compliance with laws and regulations pertaining to entry, clearance, immigration, passport, customs and quarantine regulations.  Regulations pertaining to ownership and control of each country’s air services.  Registration of pertinent agreements with ICAO.  Termination of agreement on one year’s notice.  Procedures for amending the annexes to the agreement.


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