Part I – general 5 The Sources of Int’l Air Law 5 Q? How does customary law relate to int’l law?



Download 0.73 Mb.
Page1/26
Date01.02.2018
Size0.73 Mb.
  1   2   3   4   5   6   7   8   9   ...   26



Part I – GENERAL 5

1. The Sources of Int’l Air Law 5
Q? How does customary law relate to int’l law? 5

Pre-1919 Paris Convention: 5

1919 Paris Convention Background: 6

Part II: STATE SOVEREIGNTY 6

Three Air Law Issues Involving Sovereignty 6

1) Safety Oversight (discussed below) 6

2) Air Navigation System (see GNSS below) 7

3) Commercial Regulation of Int’l Air Transport 7

Chicago Evolution Not Revolution 7

1) Paris Convention: Sovereignty 8

Q? US - Paris Convention Problems? 8
2) Chicago Conference Background: 8

Chicago Convention : Sovereignty 9

3) Maritime Law 10

PART III: STATE & CIVIL AIRCRAFT 12

1) What legally is an aircraft? 12

2) Civil vs. State Aircraft 12

Q? “functional approach” w.r.t. aircraft? 13

Q? factors to be used in the functional approach? 14

Q? What happens to an aircraft in the foreign sovereign air space without authorization? 14

Q? Does Tokyo, Hague, Mtl., or apply to military aircraft? 15

Q? Does ICAO EVER consider matter related to military aircraft? 15

Q? What can be done to clarify what is or is not a military aircraft? 15

Q? Deregulation? 16

PART IV: NATIONALITY & REGISTRATION 16

Q? What is “nationality” of a ship or an aircraft? 16

Q? What are the requirements for registration? 17

Q? What are operating units (i.e. SAS)? 18

Nationality & Registration of Aircraft operated by Joint orgs or int’l operating agencies’ - Milde 18

Q? What about SAS? 19

Q? Problem of nationality? 19

Q? difference b/t the aircraft nationality & airline nationality? 20

Q? Can responsibilities be transferred from one state to another without changing the registry? 20

Q? How are joint air orgs effect other conventions w.r.t. nationality & jurisdiction problems? 21

PART V: AIR FREEDOMS & CABOTAGE 22

1) Air Freedoms 1-9 22

Q? Do you think that Canada can grant to American Airlines the right of cabotage? 23

Q? How does cabotage effect EU territory? 24

Q? What are slots & issues thereof? 24

PART VI: DEFENCE OF AIRSPACE 24

Q? What is 3 bis that resulted from the 1983 Russian / Korean homicide? 25

Garcia v. Garzon -the use of force must be proportionate to the danger 25

Corfu Channel (ICJ 1950’s) -Protection of human life is an essences of int’l law 26

Q? Why hasn’t the U.S. ratified 3bis Chicago? 26

Q? What about the right of self-preservation? 26

1) Air Defence Identification Zone 26

Q? Are such zones lawful? 27

2) Interception of Aircraft 27

Interception of Civil Aircraft vs Misuse of Civil Aviation - Milde 27

Hainan Incident (2001) 28

3. Aircraft in Distress 28

Q? What are the implications of art. 25? 28

PART VII: UNLAWFUL INTERFERENCE AND AERIAL INTRUSIONS 29

Introduction 29

Aeronautical Convention Consequences - Milde 29

Customary Law Based Upon Incidents of Aerial Intrusions 30

The Fog of Peace: The use of Weapons agst Aircraft – Geiser 30

State Practice - Military Aircraft 30

State Practice - Civil Aircraft 31

Q? Why add 3 bis if it’s customary law already? 33

Misuse of Civil Aviation (discussed below) 33

State Practice – Criminal Use of Civil Aircraft 34

State Practice – Terrorist Use of Civil Aircraft 34

State Practice – Political Use of Civil Aircraft 34

Factors Leading to the Wrongful Use of Force Agst Aircraft in Flight 34

Conclusions and Recommendations 35

Int’l Fight Agst Terrorism in the Air - Milde 35

Tokyo Convention p169 Bible 35

Hague Convention, 1970 “Suppression of unlawful seizure of aircraft” 37

Montreal Convention, 1970 for the Suppression of Unlawful Acts 38

Mtl. (1991) Plastic Explosives 40

Annex 17 : (p.477 vol II) 41

Unruly Passengers 41

PART VIII: ACCIDENT INVESTIGATION 44

Q? plane crashes in the high seas? 44

Q? participate in an accident investigation? 44

Q? int’l accident investigation organization? 44

Q? KE 007? 45

ICAO: Annex 13 45

Q? What are the problems of Annex 13? 45

2. EU Guidelines for Accident Investigations 46


PART IX: INT’L CIVIL AVIATION ORGANIZATION (ICAO) 46

1) Introduction to Int’l Organizations 46

Q? What do we need to find in an int’l organization? 47

Q? How does specialized int’l agencies relate to the UN Charter? 47

2) Historical Background – Int’l Civil Aviation Conference (Chicago 1944) 48

Q? What is the history of ICAO? 48

Q? What was the merit of the Conference? 48

3) Int’l Structure of ICAO – Membership, Representative Bodies & Functions 48

Q? Does ICAO meet the int’l org requirements discussed above? 48

Q? What is the basic make-up of ICAO? 49

Q? How does one become a “Member” of ICAO? 49

Q? How does one become expulsed from ICAO? 50

4) Amending the Chicago Convention 50

Q? Is the Consensual Principle for amendment problematic? 51

5) ICAO Executive Council 51

a) ICAO Law-Making Function 52

Q? SARPS Defined? 53

Q? Are Annexes of the same force as Chicago? 53

Q? How are SARPS/Annexes created & amended? 53

Q? Annex disapproval in whole or part? 54

Q? Why are Annexes or amendments thereto very rarely disapproved? 54
US FAA Safety Oversight 54
ICAO Safety Oversight 55
Q? How is the ICAO Safety Audit implemented? 55

Q? Environment used to regulate? 56
Q? Does ICAO regulate over the High Seas? 56

Q? Is Annex 2 only mandatory over the high seas? 56

Q? Is Annex 11 mandatory over the high seas? 56
Recognition of Certificates & Licenses (s.33) 57

Notification of Differences 57

Lack of Notification of Differences w.r.t. safety oversight 57
Fostering the Domestic Implementation of SARPS 58
Procedures for Air Navigation Services (‘PANS’) & Regional Supplementary Procedures (‘SUPPS’) 58
Enforcement of Safety Oversight 59

Conclusion : Paris vs. Chicago 59

Aviation Safety and Security - Legal Developments 60

Aircraft Safety: Bogus Parts 61

b) Quasi-Judicial Function 61

Q? Can you appeal an ICAO decision? 61

Q? What are the problems w/ the ICAO Quasi-Judicial Process? 61

Other Legal Issues: Russian “Royalties” 62

PART X: GLOBAL NAVIGATION SATELLITE SYSTEM (GNSS) 63

Q? Should ICAO give GPS stnds? 65

PART XI: IATA 66

1) Membership Background: 66

2) Two Basic Documents Establish IATA: 66

Q? Can non-schedule carriers (charterers) join IATA? 67

2) Structure of IATA: 68

3) Main functions of IATA 69

Trade Association Function: 69

Tariff Coordination Function: 69

Q? Why was a Conference System implemented? 69

Q? What happens if a bilateral air transport agreement does not mention gov’tl approval? 70

4) 3 Types of Conferences: 70

Unanimity Voting Rules: 70

Q? What does the agency conference do? 72

5) Misc. IATA Functions: 73

6) Contract Of Carriage 74

Q? What types of rules do the conditions of contract contain? 74

7) Conditions of Carriage are much more detailed. 75

a) Rules Governing The Ticket 75

b) Rules Governing Inadmissible Passengers 75

Q? When is a carrier entitled to refuse carriage to a person who presents himself at the gate? 75

8) Interline System: Resolution 780 75

Q? Why do you have a resolution & an agreement & in what form has the agreement been made? 76

Q? What is the significance of MITA? 76

9) Regional Organizations 77

Q? Why was the regional organization set up in the first place? 77

Q? Why was this regulated by the European Union & not ECAC? 78
Part XII: EXAM – HOW TO IMPROVE THE SYSTEM: 79


Download 0.73 Mb.

Share with your friends:
  1   2   3   4   5   6   7   8   9   ...   26




The database is protected by copyright ©ininet.org 2020
send message

    Main page