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In This Chapter
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The Chicago Convention
- Overview and historical background
- The Two Freedoms and Five Freedoms agreements of 1944
- Sovereignty over national airspace
- Scheduled and non-scheduled air services
- Nationality of aircraft: registration and certification
- Aviation personnel licensing
- Rights of overflight and traffic rights
- The Convention as the constitution of ICAO
- International standards and recommended practices: principles and procedures
- International standards and recommended practices under Articles 37 and 38 of the Convention
- Procedures under Articles 37 and 38 of the Convention
- Regional Plans under Article 69 of the Convention
- Aviation safety and security audits
- Law-making functions under the Convention: the role of diplomatic conferences in the creation of conventional air law
- Judicial functions under the Convention
- The role of supranational organizations and non-governmental organizations in ICAO
- Special legal problems under the Convention
- Summary and conclusions
Abstract
The Convention on International Civil Aviation, signed on 7 December 1944 at Chicago, 1 1
UNTS Vol. 15, 295; ICAO Doc. 7300/9.
is the fundamental legal instrument governing rights and obligations of States with respect to international civil aviation. It provides the legal framework for international civil aviation activities of which numerous aspects are regulated in more detail by other multilateral and bilateral agreements. In its Part II, the Convention sets out the charter of the International Civil Aviation Organization (ICAO), 2 2Arts. 43–66 of the Convention; L. Weber, International Civil Aviation Organization, 2nd ed. (Kluwer: Alphen aan den Rijn 2012) with further references.
which is the UN Specialized Agency for international civil aviation. 3 3Agreement between the United Nations and the International Civil Aviation Organization, signed 13 May 1947, UNTS Vol. 8 (1947), 324; ICAO Doc. 7970.
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