International Air Law and ICAO Standards
The Chicago Convention
The 1944 Chicago Convention is the foundation. Article 1 confirms complete and exclusive sovereignty over national airspace; Article 5 addresses non-scheduled flights; Article 6 requires permission for scheduled services; Article 7 prohibits cabotage. Article 12 commits States to uniform rules of the air; Article 29 lists documents to be carried; Articles 31 to 33 cover certificates of airworthiness, licences and the mutual recognition of certificates issued by other States, provided the issuing State's standards meet or exceed ICAO minima. Article 38 requires States to notify differences between their practice and any Standard.
ICAO and the Annexes
ICAO adopts Standards (binding once implemented nationally) and Recommended Practices. The Annexes run from Annex 1 Personnel Licensing through Annex 17 Security and Annex 18 Dangerous Goods to Annex 19 Safety Management. ICAO does not issue licences, certificates or clearances - States do, then must be notified of differences.
Liability and offences
The Warsaw system, now largely superseded by the 1999 Montreal Convention, governs carrier liability for passengers, baggage and cargo. The Tokyo, Hague and Montreal conventions deal with offences and unlawful interference. Bilateral air services agreements grant route and traffic rights - the "freedoms of the air".
Worked example
A PNG-licensed pilot wants to fly an aircraft registered in PNG in Australia. Recognition flows from Article 33, but Australia may attach conditions or require a validation, and any notified difference under Article 38 is relevant. The PNG licence is not automatically a worldwide authority to act as pilot.
Traps
- Believing ICAO grants permissions or issues documents.
- Confusing a Standard with a Recommended Practice.
- Assuming a bilateral agreement confers cabotage rights.
- Ignoring filed differences when operating in another State.