CONVENTIONS
Rapid development of aviation has brought some
international problems such as:
The coordination of operational techniques and
laws
The dissemination (spreading widely) of technical
and economic information far beyond the ability of
individual governments to solve.
The need for safety and reliability in air
transportation involves:
* Building airports
* Setting up navigation aids
* Establishing weather reporting systems
The standardization of operational practices
for international services is fundamental
importance so that no error may be caused by
misunderstanding or inexperience.
The establishment of such standards or
rules of the air, of air traffic control, of
personnel licensing and of the design of
airplanes and airports and other
considerations of prime importance to the
safety and economic viability of
international aviation all require more than
national action.
As the airplane developed during the first
decade of 20th century, the question arose
as to the sovereignty of each nation in the
airspace above it.
“Should airspace above a nation be
considered within the sovereignty of each
nation or should airspace, like the high
seas, be considered international?”
1.
Two principle theories of national
sovereignty of airspace were advocated by
international jurists:
The air is free and therefore that individual
states have no authority over it, either in
time of peace or in time of war, except
when necessary for self-preservation.
2. The opposing view held that the individual
states indeed have a right of sovereignty
over the airspace above their soil. They
claimed that aircraft flying only a few miles
over the land are in a position to observe,
photography and obtain data that might be
used to the disadvantage of the nation
over which the aircraft are flown
 As
the close of World War I, in November
1918, the problems of international air
control became an important subjects at
the peace conference. The secretary of
the Inter-Allied Aviation Committee
proposed that the committee be
constituted as an organization for
international air regulation.
THE PARIS CONVENTION-1919
 Representatives
from the allied and
associated nations met in Paris in 1919 and
formed the International Commissions for Air
Navigation and enacted the International Air
Navigation Code, usually referred to as Paris
Convention of 1919.
 The
war experiences and the unity of the
allies tended to promote agreement
among them. With the convention, some
principles were drawn up. These principles
served as guides to 3 sub-commissions on
technical problems; legal problems and
military affairs that drafted the text of the
convention and its annexes.
THE PARIS CONVENTION-1919

On October 13, 1919, the convention, with its
annexes, was agreed upon, adopted and opened
the signature by the representatives of 32 allied
and associated powers represented at the peace
conference. The 34 articles covered the
reservation of sovereignty of airspace by the
contracting nations;
THE PARIS CONVENTION-1919
-each nation’s registry of aircraft
-the issuance of certificates of airworthiness and
competence by each contracting nation
-the flight of aircraft across foreign territory
-international aircraft navigation rules
-prohibition of the transportation of arms,
explosives and photographic equipment by
aircraft
-the establisment and maintenance of a
permanent commission for air navigation.
THE PARIS CONVENTION-1919
The supplementary annexes covered such
subjects;
 Regulations for certificates of airworthiness
 Logbook regulations
 Light and signal rules
 Pilot and navigator license regulations
 İnternational aeronautical maps and ground
marking
 The collection and distribution of meteorological
information
 National customs regulations.
THE WARSAW CONVENTION-1929
It is the convention for the unification of certain
rules relating to international transportation by air
applies to any intarnational transportation of
persons, baggage or merchandise by aircraft
compensations. The Warsaw Convention
provided that an air carrier was liable for
damages sustained by:
 Death or injury to the passengers
 Destruction, loss or damage to baggage or
goods
 Loss resulting from delay in the transportation of
passengers, baggage or merchandise.
THE WARSAW CONVENTION-1929

The limit of liability with respect to passengers on
international flights was set at 8300 USD. The
convention also set standards for passenger
tickets, cargo waybill and other air travel
documentation.
 On September 28, 1955 the monetary limit was
doubled to 16600 USD as a maximum recovery
for death and extended to agents of the carrier. At
a diplomatic conference, held in Guetemala City
in 1971, the limit of the carrier’s liability adopted
as a maximum amount of 100.000 USD per
person.
THE CHICAGO CONFERENCE-1944

Worl War II had a tremendous impact on the
technical development of air transportation, but
there were many problems on political, legal,
economical and technical subjects. Therefore,
representatives of 52 nations assembled in
Chicago in November, 1944.
 The aim of the conference was to foster (to
develop) development of international civil
aviation “in a safe and orderly manner” to
establish international air transport service on
the basis of equality of service.
THE CHICAGO CONFERENCE-1944
The contracting states were required to undertake
to secure the highest degree of uniformity in
complying with international standards and
practices with respect to the followings:
 Communication systems and air navigation aids
 Characteristics of airports and landing areas
 Rules of air and air traffic control practices
 Licensing of operating and mechanical personnel
 Airworthiness of aircraft
THE CHICAGO CONFERENCE-1944
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Registration and identification of aircraft
Collection and exchange of meteorological
information
Logbooks
Aeronautical maps and charts
Customs and immigration procedures
Aircraft in distress and investigation of accidents
and other matters concerning the safety,
regularity and efficiency of air navigation.
THE CHICAGO CONFERENCE-1944

The Chicago Conference established the
International Civil Aviation Organization (ICAO)
to foster the planning and development of
international air transport.
 The Chicago Conference provided another
significant document, “The International Air
Transport Agreement” or the “Five Freedoms
Agreement”. This agreement is applicable only
to civil aircraft engaged in scheduled air
services.
TOKYO CONFERENCE-1963
This convention provides that the State of
Registration of an aircraft is competent to
exercise jurisdiction over offences and acts
committed on board.
Its object is to ensure that offences, wherever
committed should not go unpunished. As certain
acts committed on board or may prejudice good
order and discipline on board, the aircraft
commander and others are empowered to
prevent such acts being committed and to
disembark the person concerned.
TOKYO CONFERENCE-1963
In the case of an anticipated or actual
unlawful or forcible seizure of an aircraft in
flight by a person on board, the States
party to the Convention are obliged to take
all appropriate measures to restore and
preserve control of the aircraft to its lawful
commander.
HAGUE CONFERENCE-1970

Convention for the Suppression of Unlawful
Seizure of Aircraft was signed at the Hague in
December 1970.
 The Convention defines the Act of Unlawful
Seizure of Aircraft, and lists which Contracting
States have undertaken to make such offences
punishable by severe penalties.
 The Convention contains detailed provisions on
the establishment of jurisdiction by States over the
offence, on the taking of the offender into custody
and on the prosecution or extradition of the
offender.
MONTREAL CONFERENCE-1971
This convention came into force on 26 January
1973. It is mainly concerned with acts other than
those pertaining to the unlawful seizure of aircraft.
For example:
 Acts of violence on board which endanger people
and property and safety of the aeroplane.
 The destruction of an aircraft in service or causing
damage which renders it incapable of flight or
which is likely to endanger its safety in flight.
MONTREAL CONFERENCE-1971

Placing in an aircraft any device likely to destroy,
damage or render unfit for flight any aircraft.
 Destroying or damaging any air navigation
facility or interference with its correct operation.
 The communication of information known to be
false which endangers the safety of an
aeroplane in flight.
The Protocol Supplementary to the
Montreal Convention of 1971
This protocol was adopted by a conference, which
met at Montreal in 1988. It extends the definition
of offence given in the 1971 Convention to include
specified acts of violence at airports serving
international civil aviation. Such acts include:
 The international and unlawful use of any device,
substance or weapon in performing an act of
violence against a person at an airport serving
international civil aviation, which causes or is
likely to cause serious injury or death.
The Protocol Supplementary to the
Montreal Convention of 1971

The international and unlawful use of any
device, substance or weapon to:
a. Destroy or seriously damage the facilities of
an airport.
b. Destroy or seriously damage aircraft not in
service at the airport.
c. Distrupt the services at an airport.
FREEDOMS OF THE AIR

The first and second freedoms are considered as
technical freedoms. The third, forth and fifth
freedoms are called commercial freedoms.
FIRST FREEDOM
The right to fly over another country without landing.
SECOND FREEDOM
The right to make a landing for technical reasons
(e.g. refueling) in another country without picking
up/setting down revenue traffic. (The privilege to
land non-traffic purposes).
FREEDOMS OF THE AIR
THIRD FREEDOM
The right to carry revenue traffic from your own
country (A) to the country (B) of your treaty
partner (e.g. From İstanbul to Paris).
FOURTH FREEDOM
The right to carry traffic from country (B) back to
your own country (A). (e.g. From Paris to
İstanbul).
FREEDOMS OF THE AIR
FİFTH FREEDOM
The right of an airline from country (A) to carry
revenue traffic between country (B) and other
countries such as (C) or (D) on services starting
or ending in its home country (A). This freedom
cannot be used unless countries (C) or (D) also
agrees. (The right for an airline to carry traffic
between countries outside its own country).
SUPPLEMENTARY RIGHTS
SIXTH FREEDOM
 The use by an airline of country (A) of two sets of
third and fourth freedom rights to carry traffic
between two other countries but using its base at
(A) as a transit point.
 This freedom is very rarely accepted in bilateral
agreements or in multi-lateral conventions. For
example, it permits to the same passenger to fly
Paris-London then London-Singapore with British
Airways.
SUPPLEMENTARY RIGHTS
SEVENTH FREEDOM
The right of an airline to carry revenue traffic
between points in two countries on services
which lie entirely outside its own home country.
For example, Singapore permitted British
companies to handle traffic from Singapore to
South-East Asia.
SUPPLEMENTARY RIGHTS
EIGHT FREEDOM
 The eight freedom is also called cabotage.
The right for an airline to pick up and set
down passengers or freight between two
domestic points in another country on a
service originating in its own home country.
This freedom is the most protected by the
states. Domestic market depends on the
sovereignty of each state.
SUPPLEMENTARY RIGHTS
NINTH FREEDOM
This freedom is a direct result of the IATA
conference and permits interlining or code sharing.
This is a scheduled flight being flown by an
operator other than the operator to whom the
schedule has been granted or with whom the
schedule is shared. In this situation, the flight code
(identifying the carrier/operator and the schedule
flight) is used by another operator. In this situation,
the passenger must be informed who the actual
carrier is.
BILATERAL AGREEMENTS
At first it was the desire of leaders of the
conference to develop a multilateral air
transport agreement, by which many
countries would enter into an agreement
regarding air routes. However, the
Multilateral Transport Agreement was
rejected by a majority of the states and all
that was left to work out commercial
freedoms were bilateral negotiations.
BILATERAL AGREEMENTS

As a result of this rejection the Final Act of the
Chicago Convention includes a “Form of
Standards Agreement for Provisional Air
Routes”. One of the first of these bilateral
agreements was the Bermuda Agreement
(1946).
 Agreements concluded on the Chicago standard
form have the following provisions:
BILATERAL AGREEMENTS

Intergovernmental exchange of air rights to be
exercised by designated airlines of the
respective countries.
 Equality of treatment and non-discriminatory
practices with respect to airport charges.
 The imposition of customs duties and charges in
certain cases.
 Mutual recognition of worthiness certificates and
personnel.
BILATERAL AGREEMENTS
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Compliance with laws and regulations pertaining
to entry, clearance, immigration, passport,
customs and quarantine regulations.
Regulations pertaining to ownership and control
of each country’s air services.
Registration of pertinent agreements with ICAO.
Termination of agreement on one year’s notice.
Procedures for amending the annexes to the
agreement.