International Conventions and the ICAO Framework
The Chicago Convention
The 1944 Convention on International Civil Aviation is the foundation of public air law. Article 1 confirms that each State has complete and exclusive sovereignty over its territorial airspace. ICAO adopts Standards and Recommended Practices in 19 Annexes. A Standard is binding on States unless a difference is filed under Article 38; a Recommended Practice is desirable but not mandatory. An Annex does not automatically become applicable law: for a PPL candidate, the key is how the State or, in Europe, EU regulations implement it.
Key articles
- Article 12: rules of the air. Over the high seas, the Annex 2 rules apply without exception.
- Articles 29-31: aircraft documents, radio equipment and certificates of airworthiness.
- Articles 32-33: licences and their recognition. A State must recognise another State's licence if it meets or exceeds the Annex 1 minimum, but it may still require compliance with its own rules of the air, entry and customs rules.
- Article 5: non-scheduled flights. Article 6: scheduled air services need special permission.
Worked example
A pilot holds a PPL issued in State A and flies a State A-registered aircraft privately into State B. State B must recognise the certificate of airworthiness and the licence if they meet ICAO minimum standards, but the pilot must still comply with State B's rules of the air and entry requirements. If State B has filed a difference to Annex 1 on medical validity, the licence may be accepted in principle but the medical condition may not meet State B's practical requirements. The pilot checks State B's AIP, not just the wording on the licence.
Traps
Do not treat an ICAO Annex as automatically identical to EU law. Do not confuse Article 5 with Article 6. Sovereignty does not end at the coastline; it includes territorial waters. A filed difference can change what is actually accepted in practice.