CAA NZ ATPL Air Law study materials
CAA NZ ATPL Air Law study resources

CAA NZ ATPL Air Law: International law and the ICAO framework

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

All guide sections

International law and the ICAO framework

The Chicago framework

The Convention on International Civil Aviation (Chicago, 1944) is the source of most international air law. Article 1 recognises that every State has complete and exclusive sovereignty over the airspace above its territory; Article 6 requires special permission for scheduled services; Article 7 prohibits cabotage; Article 12 obliges States to keep their rules of the air aligned with Annex 2; Article 33 requires recognition of certificates issued by other States, provided they were issued on standards at least equal to ICAO's.

Standards and Recommended Practices

ICAO adopts SARPs in 19 Annexes - Annex 1 Licensing, 2 Rules of the Air, 6 Operation of Aircraft, 8 Airworthiness, 13 Accident Investigation, 14 Aerodromes, 16 Environment, 17 Security, 18 Dangerous Goods, 19 Safety Management. A Standard is a specification whose uniform application is necessary for safety; a Recommended Practice is desirable but not mandatory. Under Article 38 a State that cannot comply must notify ICAO of the difference, and New Zealand publishes its differences in the AIP. ICAO audits through USOAP but has no power to suspend a pilot or an operator.

Other instruments

The Tokyo (1963), Hague (1970) and Montreal (1971) Conventions deal with offences on board, unlawful seizure and sabotage; the Montreal Convention 1999 governs carrier liability.

Worked example

State A's rules allow a single pilot in a turbine aeroplane that Annex 6 says needs two. A pilot flying a State A registered aircraft into NZ must follow NZ rules in NZ airspace, while NZ recognises the State A certificate. State A must file a difference. The examiner's point: the Annex itself does not create the offence; the State's rules do.

Traps

Confusing Standards with Recommended Practices; thinking ICAO enforces; forgetting Article 1 sovereignty; assuming an Annex is directly enforceable against a pilot.