In 1944, the Chicago Convention was adopted - a document that established the key rules of work for international aviation. The contracting countries undertook to comply with uniform flight standards over their territories. This greatly facilitated communication with aircraft. The document continues to be the basis of the entire airline industry for many decades.
General principles
In its first article, the Chicago Convention introduced the sovereignty of each country over its own airspace. The document was valid only for civil aircraft. These did not include customs, police and military aircraft. They were assigned to state aircraft.
The principle of sovereignty states that no plane can fly over the territory of a foreign country without its permission. The same goes for landing. All states that united the Chicago Convention of 1944 guaranteed that they would monitor the safety of navigation in their own airspace.
Governments agreed to the principle of non-use of weapons against civilian courts. Perhaps today it sounds even strange, but in 1944 the war was still going on in Europe, and at that time such an agreement was absolutely not superfluous. Countries have committed themselves not to endanger the lives of passengers on regular transport flights.
The Chicago Convention on International Civil Aviation gave states the right to request an aircraft landing if it would make an unauthorized flight or be used for purposes not specified in the convention itself. According to the agreement, each government publishes its own rules for intercepting aircraft for the purpose of prevention. These rules should not violate international law. They began to be incorporated into national laws. The Chicago Convention only outlined the general features of these rules. Severe penalties were allowed for their violation under local law. The intentional use of civil aircraft for purposes contrary to the convention was prohibited.
Restricted areas
Among other things, the Chicago Convention stipulated the rights of non-scheduled flights. They relate to flights not associated with regular international air traffic. The states that signed the convention pledged to grant such a right to aircraft of other countries, provided that they (states) can, if necessary, require an immediate landing.
This arrangement has greatly facilitated international communication. In addition, it gave a significant impetus to the development of the industry of non-scheduled flights. With their help, numerous goods and mail began to be transported. The passenger flow remained mainly as part of regular flights.
The 1944 Chicago Convention permitted the creation of restricted areas. Each state received the right to determine such sections of its airspace. The ban may appear due to military necessity or the desire of the authorities to ensure public safety. With this measure, flights on a uniform basis were limited. Restricted areas should have reasonable limits that would not interfere with the air navigation of other flights.
Each state retained the right in extreme circumstances to completely limit flights over its territory. The Chicago Convention on International Civil Aviation states that in this case, the ban should apply to ships of any country, regardless of their legal affiliation.
Customs and epidemic control
By agreement, each country is required to report on its customs airports. According to the Chicago Convention of 1944, they are needed for landing aircraft of other states that fulfill the landing requirement. Such airports carry out customs checks and other forms of control. Information about them is published and transmitted to the International Civil Aviation Organization (ICAO) , created after the signing of the same convention.
Airplanes have helped the world become global. Today, in just a few hours, you can make your way over the entire planet. However, facilitating and expanding ties has not only positive consequences. The movement of people from one end of the Earth to the other has more than once become the cause of the spread of epidemics. Many diseases characteristic of a certain region of the planet turn out to be an order of magnitude more dangerous when they fall into a completely different environment. That is why, according to the Chicago Convention of 1944, the signatory countries undertook to prevent the spread of epidemics through the air. It was primarily about cholera, typhoid, smallpox, plague, yellow fever, etc.
Airports and Airplanes
All public airports of countries that have signed the agreement must be open not only to their ships, but also to ships of other countries. The conditions for all air traffic participants are established equal and uniform. The Chicago Convention on International Civil Aviation applies this principle to any aircraft, including those that are used for meteorological and radio communications.
The agreement also stipulates the attitude of countries to the fees for using their airports. Such taxes are common practice. To unify and generalize it, the international community has adopted several key principles for charging this money. For example, fees for foreign ships should not exceed fees for “native” ships. At the same time, every government has the right to inspect other people's aircraft. Inspections should not be made with unreasonable delays.
The 1944 Chicago International Civil Aviation Convention established the principle that an aircraft can have only one “nationality”. Its registration should belong to a single state, and not two at once. At the same time, ownership is allowed to be changed. For example, an airplane can become Canadian from Mexican, but it cannot be both Canadian and Mexican at the same time. The registration of the vessel is changed according to the legislation adopted in its former country.
Aircraft participating in international air traffic receive national identification marks. The state must provide the rest of the information about its vessels to any other country upon its request. This data is coordinated by the International Civil Aviation Organization.
Facilitation
The universally recognized Chicago Convention of 1944 is the source of the rules and principles according to which the international airline industry lives. One of such norms is considered to be the assistance of countries to speed up air traffic.
An effective method in this case is the general simplification of unnecessary formalities. Without them, it is easier to transport crews, passengers and cargo, for which the speed of moving from one point to another is sometimes extremely important. This also applies to immigration customs procedures. Some states sign individual agreements with their key partners and neighbors that make air travel between these countries even easier.
The Chicago Convention of 1944 established the principle that customs duties on lubricants, fuel, spare parts and equipment of foreign aircraft should not be imposed. Such taxes apply only to goods unloaded on the ground.
Air crash investigation
A separate problem that the Chicago Convention on Civil Aviation of 1944 stipulates is the fate of airplanes in an airplane accident. If a ship of one country suffers a disaster in the airspace of another, then both of these countries must conduct rescue and search operations in accordance with the principle of mutual assistance.
There is a practice of creating international commissions taking control of the investigation into the causes of air crashes. The state in which the crashed aircraft was registered has the right to appoint observers there. The country where the disaster occurred should send the owner of the aircraft a detailed investigation report, as well as its final conclusion. These rules are also valid for Russia, since the Russian Federation is a party to the Chicago Convention. As a result of the interaction of countries in the investigation of aviation accidents, it is possible to achieve the maximum possible result.
All states that signed the Chicago Convention on Civil Aviation have pledged to introduce and use the most advanced equipment related to air navigation. Also, countries cooperate with each other in the field of compilation of uniform schemes and maps. For unification adopted common standards for their manufacture.
Regulations
After commissioning, all aircraft receive a standard set of documents. This is a certificate of registration, an on-board magazine, a certificate of airworthiness for flights, permission to use an on-board radio station, cargo declarations, etc.
Many papers must be received immediately before the flight. For example, the permission required to operate the radio equipment is granted by the country over whose territory the upcoming flight will run. Use this technique can only crew members with sufficient competence for this.
Separate cargo restrictions apply to military materials and military equipment. Such things can only be transported strictly with the permission of the state in whose airspace the plane flies. The use of photographic equipment on board is also regulated.
General rules for the entire international community affect the most diverse aspects of flights, except for those already listed. These are ground marking, systems of air navigation aids and communications, characteristics of landing sites and airports, flight rules, qualifications for technical and flight personnel, etc. Separate regulations are adopted for logbooks, charting and mapping, immigration and customs procedures.
If the state refuses to continue to comply with the rules common to all, it must immediately inform the International Civil Aviation Organization of its decision. The same applies when countries adopt the same amendment to the convention. It is necessary to notify about the unwillingness to change their standards within 60 days.
ICAO
In article 43, the Chicago Convention on International Civil Aviation defined the name and structure of the International Civil Aviation Organization. Its key institutions were the Council and the Assembly. The organization was called upon to make the development of the entire airline industry faster and more orderly. An important goal was declared and ensuring the safety of international flights.
Since then (that is, since 1944), ICAO has consistently supported the design and operation of civil aviation. She helped develop airports, airways, and other facilities needed to grow the industry. For several decades, thanks to the common efforts of the countries that have signed the convention, they have achieved the creation of a universal aviation system that continues to satisfy the ever-growing global requirements for regular, economical and safe air traffic.
An Assembly is convened at least once every three years. She elects a chairman, reviews the reports of the Council, and makes decisions on matters referred to her by the Council. The Assembly determines the annual budget. All decisions are made on a voting basis.
The Council is responsible to the Assembly. It includes representatives of 33 states. The Assembly elects them every three years. The Council primarily includes countries that play leading roles in organizing the international aviation industry. Also, the composition of this body is determined according to the principle of representation of all regions of the world. For example, if the authority of an authorized African country expires, then an authorized representative of another African country will replace him.
The ICAO Council has a president. He does not have the right to vote, but he performs several important functions. The President convenes the Air Transport Committee, the Council and the Air Navigation Commission. In order to make a decision, the organization needs to get a majority of the votes of its members. Each state dissatisfied with the outcome of the discussion may appeal its results.
Security
Important annex 17 to the Chicago Convention is dedicated to the safety of air travel. Matters related to it fall within the competence of the Council. Officially, Appendix 17 is dedicated to “protecting international aviation from acts of unlawful interference”. The latest amendments to it were adopted in 2010, which indicates the relevance of safety-related issues.
According to Appendix 17, each state is obligated to prevent the transport of explosives, weapons and other substances and objects dangerous to the lives of passengers on civilian aircraft. To ensure security, access control to the technical zones of airports is carried out. Identification systems for vehicles and persons are being created. Passenger personal data checks are carried out. The movement of vehicles and people to aircraft is monitored.
Each state must require airlines to prevent strangers from entering the cockpit. Carriers also keep an eye on things and especially on forgotten and suspicious items. From the moment of the inspection, passengers must be protected from unauthorized interference or contact with their baggage. Especially in this sense, transit flights are important.
If an abnormal situation occurs on a flying plane (for example, the board was captured by terrorists), the state that owns the ship must report the incident to the competent authorities of those countries in whose airspace the captured plane may be. It should be noted: air transport is designed in such a way that pilots can lock themselves securely in their cockpit. Flight attendants should receive equipment to help them inform the flight crew of suspicious activity in the passenger compartment.
States that have signed the Chicago Convention are required to maintain airfields and airports in such a way that they are prepared for emergency and contingency situations. Preliminary training is necessary to minimize damage. Fire, health and emergency services must work without interruption.
The order on the territory of the airports is provided by the police and the security service of the airport itself. All their work is structured in such a way that in case of emergency the administration of the transport hub has the opportunity to quickly and efficiently coordinate the actions of these different services. Regular modernization of the equipment with which the inspection is carried out is necessary. Documents must meet modern requirements: both identity cards and travel cards.
Other features
To streamline flights, each country can determine the exact routes that should be flown within its airspace. The same applies to the list of airports.
If the state’s infrastructure is becoming obsolete, the Council should consult with the state itself, as well as its neighbors. A similar discussion can be held in the case when it ceases to meet the requirements of meteorological and radio services. Typically, the Council looks for ways to find the funds necessary to modernize the infrastructure. This question is extremely important, since the state, which does not care about the state of its airports and equipment, endangers not only its own, but also foreign citizens. The Council can provide new facilities to a country in need, help with staffing, etc.
Interestingly, the Chicago Convention on International Civil Aviation of 1944 was not the first such document. After the signing of this agreement, all its international predecessors were denounced. Such was the Paris Convention on the Regulation of Air Navigation of 1919, as well as the Havana Convention on Commercial Aviation of 1928. The Chicago document supplemented and improved their provisions.
By signing the convention, states agreed not to conclude other third-party treaties that somehow contradict it. If such obligations are undertaken by a private airline, then the authorities of her country must achieve their termination. At the same time, agreements are permitted that do not contradict the convention.
Dispute Resolution
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Those countries that refuse to accept new amendments to its key document, the convention, may be “kicked out” of ICAO (although for its adoption not all votes in the Council are necessary, but only two-thirds). The decision on exclusion is made in the Assembly. At the same time, each state has the right to unilaterally denounce the convention. To do this, he needs to inform ICAO of his decision.