Part I – general 5 The Sources of Int’l Air Law 5 Q? How does customary law relate to int’l law?
Part IV: Nationality & Registration
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- What is “nationality” of a ship or an aircraft
- What nationality does an aircraft have
- What does registration mean
- How is the registration done
- What are the requirements for registration
- Q What are operating units (i.e. SAS)
Part IV: Nationality & RegistrationSince the abortive conference of 1910, the thinking was that aircrafts must have nationality, like a ship. The analogies w/ maritime law were prevalent. Ship has a quasi-personality. The ship has a nationality & is registered in a particular state & carries the flag of that state. Each ship on the high seas must carry a flag. If it does not, it may be suspected as being a pirate ship. What is “nationality” of a ship or an aircraft?In involves social relations. It is a particular relation of an entity to a particular state from which some rights & duties & follow. Nationality was first firmly rooted in the 1919 Paris Convention on Int’l Regulation of Civil Aviation. Aircraft. That means that each aircraft has a link to a particular state & from that link there flows rights & obligations. What nationality does an aircraft have?Aircraft under art. 17 Chicago has the nationality of the state in which it is registered. Hence, the nationality is created by the act of registration. No aircraft can take off in Canada or in the U.S. or in any other country unless it is registered. What does registration mean?18 Chicago Double registration is not possible. An aircraft cannot be validly registered in more than one state. A registration in one state can be cancelled & substituted by new registration another state. There is no prohibition on that. How is the registration done?19 Chicago “The registration or transfer of registration of aircraft in any contracting State shall be made in accordance w/ its law & regulations.” It is lex fori that governs the registration of the aircraft in a particular country. Aircraft must also be certified as being airworthy. Without such its not an aircraft – it’s a piece of mobile property not authorized to fly. States regulated airworthiness, personnel, risk mgmt, & that parties carry the required insurance for damage that might be caused by the operation of that aircraft. What are the requirements for registration?The laws differ very much. There is a spectrum of different requirements. 1st requirement for registration: Airworthiness No aircraft can be registered unless it is first certified as airworthy. It must have the capability of safe flight. This is a very complex procedure. 31 Chicago [Certificate of Airworthiness] “Every aircraft engaged in int’l navigation shall be provided w/ a certificate of airworthiness issued or rendered valid by the state in which it is registered.” Annex 8 to the Convention on Int’l Civil Aviation sets the standard for airworthiness. European Committee has created a Joint Aviation Authority. They produce standards that are equal to those of the FAA & in some environmental aspects supersedes them 2nd requirement of registration: Most states have a provision stating that an aircraft may be registered in that state only if its owner is a corporate body having its permanent residence & its principal place of business in that country or that the owner is a citizen of that country or the owner is a permanent resident of that country. 3rd requirement of registration: Some states require prior to registering your aircraft, that you are properly covered by valid insurance policies. 4th requirement of registration: Some states require prior to registering your aircraft, that you, the owner, have a crew that is properly licensed to operate the aircraft. National Marks: An aircraft that is registered must display in prescribed manner its nationality & its registration marks. The nationality marks are selected from the call signs of the radio stations as attributed by the Int’l Telecommunications Union. For instance, for Canada, it is C or CF. For the U.S., it is N. You will find this in Annex 7. Q? What does it mean for an aircraft to poses a nationality? The meaning of the nationality of an aircraft is that the state concerned has some particular duties. 12 Chicago “Every aircraft carrying its nationality mark, wherever such aircraft may be, shall comply w/ the rules & regulations relating to flight & manoeuvre there in force.” 30(a) Chicago “the aircraft may have a radio station only if a license to install & operate such apparatus has been issued by the appropriate authorities of the state in which the aircraft is registered.” Thus, there are int’l responsibilities of the state of nationality. The state has the right to license a radio station; thereby they carry responsibility for its operation. 30(b) Chicago the radio station may be operated only by a flight crewmember who carries a special license for that purpose issued by the authorities of the state in which the aircraft is registered. Again you see the responsibility of the state. 31 Chicago “every aircraft must be provided w/ a certificate of airworthiness issued or rendered valid by the state in which it is registered.” There is a special function of the state of nationality of the aircraft: Pilot & aircrew must be provided w/ certificates of competency or licenses which prove their competency, their skills, that they passed examinations & that they are physically & otherwise fit. That certificate must be issued or rendered valid by the state in which the aircraft is registered.
If the certificate meets the minimum standards set out in Annex 1, it must be accepted. As long as states issue certificates of airworthiness & air licenses those stnds shall (“must”) be recognized by all contracting states, which are those stnds set by ICAO. Therefore, if an Afghan plane flying out & wanting to land in Pakistan, so long as those certificates meet the min. stnds & rendered valid to min. stnds Pakistan must recognize the worthiness of the plane that wishes to land. Q? What are operating units (i.e. SAS)?Operating units are composed of more than one state. For example, SAS. The three states that comprise the Scandinavian Airline System agreed that they would divide the fleet b/t them & thus each would register the aircrafts that belong to them. Sweden, Norway & Denmark always negotiate & conclude their bilateral agreements jointly & each of these agreements contains an SAS clause, specially permitting that any aircraft of SAS, wherever registered, can be used for the particular voyage. Directory: pubdocs -> files files -> International maritime conventions files -> Chapter 1: Property as rights, not thing files -> Insurance Law – May 4 files -> Contractual Obligations – Prof. Helge Dedek Introduction 1 files -> Constitutional Limits on Criminal Law 1 files -> Antonio Iacovelli Winter 2005 Advanced Criminal Law files -> Private International Law – Prof. Walsh Summer 2005 files -> Part I: conceptualizing and justifying ip space 3 files -> Topic One Seaworthiness and Common Venture, chapter 15 Download 0.73 Mb. Share with your friends:
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