Shabrina Puspasari

031511133091 A-3
International Law

Summary on Public Lecture about International Air Law

Lecturer : Wouter Oude Alink A.M L.L.M

The Legal Regime of International Civil Aviation : The Chicago Convention & ICAO
The Convention on International Civil Aviation, also known as the Chicago Convention, established
the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations charged
with coordinating and regulating international air travel. The Convention establishes rules
of airspace, aircraft registration and safety, and details the rights of the signatories in relation to air travel.
The Convention also exempts commercial air fuels from tax. 1

Chicago convention of 1941

Preamble = key elements
Safety of air navigation : competition safety security

National Airspace
-

:Boundaries in a horizontal and vertical

Limits in relation to outerspace
Teritorial sea, ZEE
Definition of Article 2
Definition of Territory

Chicago convention only applies on Civil Aircraft, not to state Aircraft (article 3)
State Aircraft = Used in military customs and policy services
Special permission for entry of state aircraft in foreign Airspace
Article 6
No scheduled International Law may be opened over or into the territory of a
contracting state, except with special permission or other authorization of that
state

1 Prof. Dr. Boer Mauna, Hukum Internasional, Pengertian Peranan dan Fungsi dalam
Era Dinamika Global

Article 8 > Pilotes Aircraft

-Not a prominent article in the past
-Drones and future civil drones
-Intermediate obligations

ICAO annex : Aircraft is only a machine that can drive support in the atmosphere
from the reaction of
the air other than the reactions of the air
against the earths surface.

Mr. Thomass second lecture

The Evolution from Traditional Bilateral to Open Skies

1. The ongoing distinction between Air Navigation (Chicago Convention) and Air
Transport (Economic regulation)
2. Exclusion of international air transport from WTO system.
ICAO objective :

To aims & objective of the organization are to develop the

principles and techniques of international air navigation and to
foster the planning and development of international air
transport.

Air Transport and the Chicago Convention

-Article 37 of Chicago Convention
Preamble of Chicago Convention > The economic
Implication of Article 1 Chicago Convention, complete exclusive sovereignty =
national airspace is de jure close for foreign aircrafts and their
operators.

No access without permission (Chicago Convention)

Distinction between hard rights and soft rights :
a. Hard Rights : heart of the agreement and the basis for the market access
(route, traffic)
b. Soft Rights : doing business rights (establishment)