International Law: ICAO, the Chicago Convention, Annexes and International Organisations
This domain tests the treaty framework behind every other topic in Air Law. Questions ask you to link a situation to a specific Article of the Chicago Convention, to an Annex, or to the correct organ of ICAO, and to distinguish Standards from Recommended Practices.
The Convention itself
The Convention on International Civil Aviation was signed at Chicago on 7 December 1944 and entered into force on 4 April 1947; it has 96 Articles. Article 1 confirms that every State has complete and exclusive sovereignty over the airspace above its territory, and Article 2 defines territory as land areas and territorial waters. Article 5 gives aircraft of other States the right to make non-scheduled flights over or into the territory without prior permission, subject to the right of the State to require landing. Article 6 requires special permission for scheduled international air services. Article 12 obliges each State to keep its rules of the air uniform with Annex 2, and over the high seas those Annex 2 rules apply without exception. Article 38 requires a State that cannot comply with a Standard to notify the difference to ICAO; Article 15 limits airport charges to the cost of the facilities and services provided.
ICAO structure
The Assembly meets at least once every three years and adopts or amends Annexes by a two-thirds majority (Article 90). The Council, 36 States elected for three years, is the permanent governing body; the Air Navigation Commission prepares Annexes and the Secretariat is in Montreal. Articles 90 and 94 are the amendment routes for Annexes and for the Convention respectively.
Annex 1 Personnel Licensing, Annex 2 Rules of the Air, Annex 6 Operation of Aircraft, Annex 8 Airworthiness, Annex 11 Air Traffic Services, Annex 13 Aircraft Accident Investigation, Annex 14 Aerodromes, Annex 15 Aeronautical Information Services, Annex 17 Security.
Worked example
A State's national regulation differs from a Standard in Annex 6. The State must notify the difference to ICAO under Article 38 and publish it in its AIP under Annex 15. If the difference concerned Annex 2 and the flight were over the high seas, the notification would not assist the operator: Article 12 makes Annex 2 mandatory there, and no difference may be applied over the high seas.
Traps
Candidates confuse Article 12 (the obligation) with Annex 2 (the instrument). The Assembly, not the Council, adopts Annexes. Article 5 covers non-scheduled flights only; scheduled services need Article 6 permission.