ATPL Air Law study materials
ATPL Air Law study resources

ATPL Air Law: International Law and Conventions

ATPL Air Law · Work through your exam, one topic at a time.

All guide sections

International Law and Conventions

The framework

Air law rests on the 1944 Chicago Convention, which created ICAO and established that each State has complete and exclusive sovereignty over the airspace above its territory (Article 1). The Convention's Annexes carry the technical standards; States adopt them nationally and may file differences. Know the distinction between a Standard (uniform application necessary) and a Recommended Practice (desirable). The five freedoms of the air, the Warsaw/Montreal regime for carrier liability, the Tokyo Convention (offences on board), the Hague Convention (unlawful seizure) and the Rome Convention (surface damage) are classic exam material.

Concepts to master

Article 5 (non-scheduled flights), Article 6 (scheduled services need permission), Article 9 (prohibited areas), Article 13 (landing/departure rules of the State), Article 24 (customs treatment of aircraft parts), Article 29 (documents carried) and Article 33 (recognition of certificates) are frequently tested. Understand that the aircraft commander has powers of restraint under the Tokyo Convention, and that jurisdiction is primarily that of the State of registration, with the State of landing able to intervene in serious cases.

Traps

Questions love the wording "shall" versus "may" and the difference between the State of registry, operator and nationality. Another trap: the Chicago Convention applies to civil aircraft; State aircraft (military, customs, police) are excluded but may be regulated. Do not confuse ICAO (standards) with IATA (commercial association).

Worked example

If a question asks which document gives a State the right to refuse overflight by a foreign scheduled airline, the answer is the State's sovereignty under Article 1 combined with Article 6 - scheduled services require special permission; no automatic right exists.