Chicago Convention Research Articles

The Future of International Air Law in the 21st Century

This article examines several of the major issues Public International Air Law likely will confront during this century, including revisions of the Chicago Convention, aerospace transport, unmanned aerial systems, aviation security, competition, cabotage and foreign ownership, safety and environmental issues.

CAEP/9-agreed certification requirement for the Aeroplane CO2Emissions Standard: a comment on ICAO Cir 337

ABSTRACTThe International Civil Aviation Organization (ICAO) Circular Cir 337 is the first step towards ICAO establishing an Aeroplane CO2Emissions Standard to form part of Annex 16, Volume III to the Chicago Convention. It describes itself as ‘a work in progress’. This paper reviews Cir 337 against the background of flight physics, the published literature on aircraft fuel burn and CO2emissions and the current practices of the aircraft and engine manufacturers and the airline operators. We have taken, as our starting point, the aim of ICAO to reduce the fuel used per revenue tonne-kilometre performed and argue that the Breguet range equation, which captures all the relevant flight physics, should be the basis of the metric system underpinning the standard. Our overall conclusion is that Cir 337 provides an excellent basis for the initial regulation of aviation's CO2emissions and, further in the future, for developing measures to increase the fuel efficiency of the operational side of civil aviation. Our main criticism of the circular in its current form is that it does not address the ICAO goal of reducingfuel used per revenue tonne-kilometre performedand makes no reference to payload. This defect could be eliminated simply by omission of the exponent 0.24 of the Reference Geometric Factor (RGF) in the formula for the metric given in Chapter 2 (paragraph 2.2) of the circular. Retaining theRGFto the power unity in the metric and multiplying it by an appropriate value of the effective floor loading would convert it to what the 37thAssembly of ICAO called for – a statement of fuel used per revenue tonne-kilometre performed. Finally, correlating the amended metric against design range, as determined from the measured specific air range and the key certificated masses, provides a sound scientific basis for an initial regulation to cap passenger aircraft emissions.

A Climate Treaty Without the US Congress: Using Executive Powers to Overcome the Ratification Straitjackett

The issue of US ratification of international environmental treaties is a recurring obstacle for environmental multilateralism, including the climate regime. Despite the perceived importance of the role of the US to the success of any future international climate agreement, there has been little direct coverage in terms of how an effective agreement can specifically address US legal participation. This paper explores potential ways of allowing for US legal participation in an effective climate treaty. Possible routes forward include the use of domestic legislation such as section 115 (S115) of the Clean Air Act (CAA), and the use of sole-executive agreements, instead of Senate ratification. Legal participation from the US through sole-executive agreements is possible if the international architecture is designed to allow for their use. Architectural elements such as varying legality and participation across an agreement (variable geometry) could allow for the use of sole-executive agreements. Two broader models for a 2015 agreement with legal participation through sole-executive agreements are constructed based upon these options: a modified pledge and review system and a form of variable geometry composed of number of opt-out, voting based protocols on specific issues accompanied with bilateral agreements on mitigation commitments with other major emitters through the use of S115 and sole-executive agreements under the Montreal Protocol and Chicago Convention (Critical Mass Governance). While there is no single solution, Critical Mass Governance appears to provide the optimum combination of tools to effectively allow for US legal participation whilst ensuring an effective treaty.

Anomalies in Aircraft Leasing in Kazakhstan A Legal Analysis

Treating the aircraft as an immovable property is the most peculiar phenomenon that the air transport industry could have ever seen. It is a Pandora’s Box as it creates regulatory and legal anomalies, particularly, when the aircraft becomes an object of a cross-border transaction, lease and/or the state registration. Paradoxical court rules emerging as a result of such transactions, result in ambiguities in connection with the nature of an immovable property per se; choice of law; and the way in which such property is being treated. These anomalies have to be addressed, analyzed and resolved. Therefore, this article is a call-to-action to do so with focus on Kazakhstan laws, international conventions and inter-governmental treaties. Through the aircraft registration concept of Article 83bis of the Convention of International Civil Aviation (Chicago Convention), the article attempts to identify key problematic issues that this provision entails. In particular, emphasis is placed on the importance of not merely enjoying the rights given by Article 83bis, but rather, on accentuating the ability of individual states to offer operationally, legally and commercially safe and certain environment.

Humanitarian Considerations in International Air Law

The downing of civil aircraft over conflict zones presents serious challenges for current international air law, especially regarding powers and responsibilities of public and private entities. Considering the extensiveness of areas experiencing current hostilities, the question of whether public or private entities should take responsibility following such accidents has become a highly topical issue. Under Article 9 of the Chicago Convention, States exercising complete and exclusive sovereignty over their territory are allowed the right to close their flight-paths. Consequently, a critical question arises as to whether States are obliged to close their airspace during times when their territories endure ongoing armed conflicts. In this author's view, the problem results from the varying perceptions concerning fragmentation within the international law system. To protect the safety of civilians in the sky, this article scrutinises the legality of allowing open airspace over conflict zones. It questions the role of ‘elementary considerations of humanity’ in order to draw closer towards a potential harmonisation between the secondary rules of special regimes—air law and humanitarian law.

Refining Aviation Sanctions from an Air Law Perspective

Aviation sanctions exist at the intersection between the UN Charter and the Chicago Convention, in that the former enables the Security Council to interrupt air communication and the latter forces International Civil Aviation Organization (ICAO) to render assistance to the UN with regard to air matters when world security is concerned. This article examines how air law, which aims to promote the development of air transport and the universal application of air rules, came to accommodate the UN sanctions regime, an exclusive mechanism designed to prevent targeted States from utilizing international air transport. As UN sanctions evolved from being blunt instruments to smart ones, taking into account human rights and humanitarian concerns, aviation sanctions have evolved in tandem from the comprehensive air bans of yesteryear to more complex mechanisms that incorporate an array of supplementary tools that facilitate other sanctions measures. Nevertheless, there remains ample room to refine aviation sanctions with the aid of an air law perspective and the active involvement of ICAO. Aviation safety, the cornerstone of air law, deserves due regard when the UN and ICAO design and implement aviation sanctions, and a two-way dialogue between the UN Charter and the Chicago Convention will confer more legitimacy on aviation sanctions.

On the absence of grounds for liability for the death of the Ukrainian flight MN 17

On the basis of summarizing the positions of experts, and analysis of international aviation law, taking into account the «hybrid» tactics of the war of the Russian Federation against Ukraine, proved the adequacy actions of the Ukrainian aviation authorities regarding restrictions on flights of Civil Aviation of the Donetsk region in the period preceding the death of Flight MN17, and there were no grounds to establish responsibility for the deaths of Ukraine this flight. In accordance with paragraph a) of Art. 9 Convention on international civil aviation, signed at Chicago, on 7 december 1944 (Chicago Convention), each contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly the aircraft of other States from flying over certain areas of its territory, provided that no distinction in this respect is made between the aircraft of the State whose territory is involved, engaged in international scheduled airline services, and the aircraft of the other contracting States likewise engaged. Such prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation. Ukraine, on the basis of available information, the sequence increases the allowable minimum height of civil aviation in the skies over the Donetsk region. But Ukraine did not know and could not know about the plans of terrorists to transfer anti-aircraft missile complex «Buk». According to claim. 1 Art. 10 Convention for the suppression of unlawful acts against the safety of civil aviation (Concluded at Montreal on 23 September 1971), contracting States shall, in accordance with international and national law, endeavour to take all practicable measure for the purpose of prevent ing the offences mentioned in Article 1(such crimes relates, in particular, and the destruction of aircraft in service, including in flight). The authorities of the Russian Federation, aware of the preparation for the illegal firing of air targets with virtually controlled the territory of the Russian Federation, did nothing to prevent this crime. Mismatch Action Russian international aviation regulations created conditions that the Ukrainian side could not make an objective decision to close/not closing airspace in Donbas, because they do not know and could not know about the planned criminal use of powerful anti-aircraft missile complexes of illegal armed groups. On the basis of their actual jurisdiction over the pro-Russian militants controlled territories of the Russian Federation not only had to encourage the use of arms and right to prevent its use. Under these conditions, there are no legal grounds for the establishment of any liability for the death of the Ukrainian flight MN17.

Bypassing the ‘ratification straitjacket’: reviewing US legal participation in a climate agreement

The issue of US ratification of international environmental treaties is a recurring obstacle for environmental multilateralism, including the climate regime. Despite the perceived importance of the role of the US to the success of any future international climate agreement, there has been little direct coverage in terms of how an effective agreement can specifically address US legal participation. This article explores potential ways of allowing for US legal participation in an effective climate treaty. Possible routes forward include the use of domestic legislation such as section 115 (S115) of the Clean Air Act (CAA) and the use of sole–executive agreements, instead of Senate ratification. Legal participation from the US through sole–executive agreements is possible if the international architecture is designed to allow for their use. Architectural elements such as varying legality and participation across an agreement (variable geometry) could allow for the use of sole–executive agreements. Two broader models for a 2015 agreement with legal participation through sole–executive agreements are constructed based upon these options: a modified pledge and review system and a form of variable geometry composed of number of opt-out, voting-based protocols on specific issues accompanied by bilateral agreements on mitigation commitments with other major emitters through the use of S115 and sole–executive agreements under the Montreal Protocol and Chicago Convention (‘Critical Mass Governance'). While there is no single solution, Critical Mass Governance appears to provide the optimum combination of tools to effectively allow for US legal participation whilst ensuring an effective treaty.Policy relevanceThis article provides some recommendations on how to create an effective, legally binding treaty that allow for US legal participation without Senate approval. Given the recent election of a Republican majority in the US Senate and Congress, increasing willingness of the President to utilize his executive powers, as well as a strong shift in negotiations to appease US interests, the insights of this research are timely and relevant to delegations and other United Nations Framework Convention on Climate Change (UNFCCC) actors. It will also be of use to domestic US actors involved with climate policy by illustrating how to allow for effective and sustainable US multilateral engagement that bypasses domestic political gridlock.

Comparative Aspects Regarding The Regulation Of Unmanned Aerial Vehicles

Abstract The technology of unmanned aerial vehicles (UAV) has constantly developed in the last decade, becoming a key feature of the military programs and operations in Europe and the US, and the industry market has considerably grown. The vast majority of this growth is at the US level, whose military budget is bigger than of any other state in the world. On the other hand, with respect to the civil market, the sale of these kinds of aircrafts is in its initial stages, even though there are lots of fields in which it can be applied. In general, the states have begun to take legislative measures so that the unmanned flight of such an aircraft in areas open to civil aircrafts is controlled, so that any danger to the civil aircrafts should be avoided. The countries of the European Union that have not legislated this field are subject to Regulation 216/2008/EC regarding common norms in the civil aviation field and the Chicago Convention. Furthermore, all EU states are NATO members and thus apply in principle the norms established by the North-Atlantic Organization.

Aerodrome certification for small and emerging airports: Is it an issue?

Safety in aviation activities has always been one of the overriding considerations of ICAO. Article 44 of the Chicago Convention charges ICAO with ensuring the safe and orderly growth of international civil aviation throughout the world. From a regulatory perspective, ICAO’s role is to provide procedures and guidance for the safe conduct of international aircraft operations and to foster the planning and development of air transport. This is largely achieved by developing standards and recommended practices (SARPs), which are contained in Annexes to the Chicago Convention and reflect the best operational experience of member states. As stated in ICAO Doc 9774 (Manual on Certification of Aerodromes) Chapter 3 Section B, the specifications in ICAO Annex 14, Vol. 1 Aerodrome Design and Operations, unless otherwise indicated in a particular context, apply to all aerodromes open to public use in accordance with the provisions of Article 15 of the Convention on International Civil Aviation. The responsibility to ensure safety and order at all aerodromes open to public use under their jurisdiction rests with states. Importantly, member states have the prerogative of determining the structure of civil aviation within their borders, including regulation. While the requirement for aerodrome certification may not be applied by a state to all aerodromes under its jurisdiction, aerodromes used for international operations should not be exempted from the requirement. To this end, states need to establish appropriate criteria and then ensure that the criteria are actually implemented. Some states, however, do not refer only to international operations and it is for this reason that all the specific regulatory criteria need to be well understood, particularly where a ‘trigger point’ for certification may be reached. This paper aims to highlight the significance of aerodrome certification, not just in terms of overall compliance, but also being mindful to take practicable approaches to managing risk effectively, particularly at small and emerging airports across the globe. In context, this paper defines ‘small’ and ‘emerging’ airports as those airports with around 1 million passengers per year or those with greater numbers but going through a period of significant exponential growth given their current economic positioning.

PASSIVE DESIGN TECHNIQUES APLIED TO GREEN BUILDINGS AS AN AESTHETIC AND SPATIAL DESIGN CONCEPT

1. INTRODUCTION The emergence of environmental problems as major social issues throughout the world has prompted sustainable development efforts in a wide range of areas, including industry, construction, and transportation, followed by the execution of numerous studies and policies. The concept of sustainable development has been dealt with in earnest in the construction field since the Declaration of Interdependence for a Sustainable Future at the 18th Chicago Convention of UIA in 1993. This Declaration included tasks to be implemented with respect to green buildings, such as the recycling of resources, application of energy-efficient designs, and utilization of natural energy in addition to the application of sustainable designs. As part of green building practices, countries around the world have been implementing various green building certification standards, such as LEED, GBCC, CASBEE, and BREEAM. These certification standards prescribe the criteria relating to the external environment, energy cons...

Liberalisation of international civil aviation – charting the legal flightpath

The paper focuses on the issue of liberalisation of international civil aviation, examining how the law could accommodate a reform of the Chicago regime. It looks into the strengths and weaknesses of the most prominent legal options available to States to implement liberalisation, namely, amending the Chicago Convention, including market access in air transport in the GATS Annex on Air Transport Services, waiving the nationality clauses and concluding inter-regional air transport agreements. Via this process, the paper aspires to identify the optimal legal path to liberalisation. The analysis suggests that there is no single way to achieve liberalisation nor is there a shortcut. Instead, it appears that what catalyses liberalisation is the combined effect of the interplay between the various legal options. The paper concludes that, however accommodating the law might be, liberalisation occurs when economics and politics merge, an outcome which in international civil aviation appears to be a long way down the road, but certainly not out of sight.

CONTEST'ing Chicago origins and reflections: lest we forget!

This year marks the 70th anniversary of the Chicago Convention; recognising this, this paper focuses on the origins and incentives behind the Chicago Convention. The convention identifies the role of international civil aviation as a means to 'preserve friendship and understanding among the nations and peoples of the world'. Yet, it is acknowledged that 'its abuse can become a threat to the general security'. Commentary is given on the historical roots of air law and the challenges faced by aviation as a result of such abuse. Also considered is the continuous battle between national sovereignty, security, trade and technological developments. The paper identifies contemporary and future security threats, questioning how prepared is the industry and how much has been learnt from historical events. It is concluded that the aviation framework remains fragmented and that without further uniformity there will remain unnecessary vulnerability and risk 'to peoples of the world'.

Flight MH 17 and state responsibility for ensuring safety and security of air transport

On 14 and 15 August 2014, The Task Force on Risks to Civil Aviation arising from Conflict Zones (TF RCZ) convened by the International Civil Aviation Organization (ICAO) had its first meeting on refining the roles and procedures relating to the mitigation of conflict zone risk in civilian airspace. The quickly scrambled Task Force, a group of specialists, was a direct response to the shooting down of a Malaysian Airlines Boeing 777 aircraft operating flight MH 17 from Amsterdam to Kuala Lumpur on 17 July 2014, and carrying 283 passengers and 15 crew. All on board perished. It has been established that the aircraft was downed by a surface to air missile fired while the aircraft was flying over Ukrainian territory. The fundamental principle governing the destruction of the Malaysian airliner lies in Article 3 bis of the Convention on International Civil Aviation (Chicago Convention).

Impact of sanctions on Iranian airlines: How people in Iran feel about air travel safety?

Road traffic injuries are the second leading cause of death in Iran. After the 11th September tragedy many people all over the world changed their traveling behavior to rail and road transport. Following the Urmia air crash (2011) we aimed to investigate Iranians׳ attitudes and behaviors towards air travel. A cross-sectional telephone survey was performed on the residents of Tehran. A valid combined questionnaire was utilized to collect the information considering different aspects that may influence people׳s perception about their environment and events. Half of the population had concerns about safely reaching their destination while traveling by Iranian airlines. The most important characteristics which affected the interviewees׳ confidence in air-travel were their socioeconomic status and fear of restriction. Moreover, their economic status and connection to world network affected their perception of safety when comparing the Iranian airlines with their foreign counterparts. Old airplanes with technical defects (as a result of long-term sanctions) were the main reasons for people to feel unsafe. The international sanctions against Iran have influenced the Iranian population׳s conception of national airlines; these results remind us of the importance of the Chicago Convention and human rights.

Reports about Occurrence of Events with Effect on Aviation Safety

<span style="font-family: Times New Roman;">T</span>his article deals with a system, that is established to report the events with effect on safety. This system is based on requirements published in Annex 13 to the Chicago Convention and legislative foundations laid down in Regulation L13, Regulation of the European Parliament and of the Council (EU) No 376/2014, Decree No. 359/2006 Sb. and Act No. 49/1997 Sb. Standards and legislative rules precisely define the types of events that are subject of reporting and also define the structure and content of the reporting message. This content is consists mainly of the identification data about the airplane and crew, information about the route and a short description of the damage to the airplane. In the following, we discuss the possible use of such a system of mandatory reporting for the needs of safety indicators. Then there are proposals of changes in the content of the reporting message for the need of safety indicators. The present knowledge indicates that the use of all opportunities provided by the law for the reporting of events can lead to a creating of sufficient basis for safety indicators.

Assessing the equity impact of the European Union Emission Trading Scheme on an African airline

The European Union Emission Trading Scheme (EU ETS) included aviation activity in 2012, with free emissions allowances being allocated to each airline. The EU ETS is a market-based measure, which the European Union has introduced for aiming at reducing emissions and meeting the targets specified under the Kyoto Protocol. One of the largest issues is equity. The first multinational emission trading scheme resulted in many regulatory issues and objections by a number of countries and airlines concerning its legality under the Chicago Convention. In addition, under the Kyoto Protocol, ratified countries have different responsibilities and roles based on whether they are Annex I or non-Annex I countries. Hence, this paper attempted to investigate the equity issues by measuring the impact of the EU ETS on an African airline compared to airlines in an Annex I country. The results of case study indicate that there are some differences in terms of equity between Annex I and non-Annex I carriers and their passengers. The instrument is proven to be cost-effective; however, the economic rationality arguments seem to be weak with respect to the volatility in individual behaviour and the vulnerability of non-Annex I carriers which is caused by competition with Annex-I carriers. A transparent distribution of revenue from the EU ETS could be one way of moderating the equity gap between carriers and passengers.

When Jumbo Jets Share the Sky: Civil Aviation in the European Union and the United States of America

The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.

Assessment of Technical Airworthiness in Military Aviation: Implementation and Further Advancement of the Bow-tie Model

International Civil Aviation Organization (ICAO) Standards and Recommended Practices (SARPs) serve to harmonize the safety regulation of civil aviation around the world. ICAO SARPs are only applicable to countries signatory to the 1944 Chicago Convention and only to civil aircraft operations. There is no complimentary international organization providing the same standardization of military aviation regulations. NATO provide international standards for interoperability, and the EDA now provide a militarized European regulatory set aimed at harmonizing requirements for European militaries, however there is no political platform to extend this beyond a voluntary adoption, particularly beyond the European Union. Each military aviation regulator has developed a unique airworthiness regulatory system. There is no recognized method for unbiased assessment and comparison of the disparate regulatory frameworks. This poses a significant challenge when establishing acceptance between military regulatory authorities. This paper develops an assessment framework based on assuring technical integrity utilizing a novel implementation of bow-tie methodology. Further, a unique visualization method is presented to facilitate the comparative assessment of the different regulatory frameworks. This visualization method is a powerful tool for conveying the regulator interaction with the organizations performing design, production and maintenance under their regulatory framework.

Revisiting Freedom of Overflight in International Air Law: Minimum Multilateralism in International Air Transport

Freedom of innocent passage at sea (also called freedom of navigation) is well-established through customary international law and international conventions. However, freedom of overflight is not exercised according to customary international law, and no international convention on freedom of overflight (International Air Services Transit Agreement of 1944) (Transit Agreement) is universally accepted. The debate at the beginning of the era of aviation between two schools (the freedom of the air school and the sovereignty of the air school) cuts to the heart of the question of why freedom of overflight is not allowed. The Paris Convention 1919 embraced sovereignty of the air, and the Chicago Convention 1944 leaned toward the extreme version of the sovereignty of the air principle. However, fundamental changes over the past seventy years (namely changes in law, policy, international politics, and technology) demand that we revisit freedom of overflight. There have been efforts by the International Civil Aviation Organization (ICAO) to revitalize The Transit Agreement. Although the Sixth Worldwide ICAO Air Transport Conference failed to discuss the importance of freedom of overflight, the ICAO must continue to call for universal adherence to the Transit Agreement for the sound development of international air transport and for minimum multilateralism in international air transport.