International Agreements and Organizations — Page 52, Lesson 92

Let’s start with the big picture. International aviation law is built on a series of treaties, each one solving a specific problem of its time. I want to walk you through the table of conventions and agreements that forms the backbone of this chapter, because each entry is a building block you’ll need for the rest of your career. We begin in October 1919, in Paris, with the Convention Relating to the Regulation of Air Navigation. This is the first real attempt to lay down international rules for the air. Its content is foundational: it establishes sovereignty over airspace — meaning each state owns the air above its territory. It sets standards for airworthiness, so aircraft have to meet agreed technical requirements. It requires certificates of competency for crews — pilots and engineers must be qualified and licensed. And it gives us the definition of ‘aircraft’ — the legal meaning of what counts as an aircraft in the first place. Now jump to October 1929, Warsaw. This is the Convention for the Unification of Certain Rules Relating to International Carriage by Air. The key word here is carriage — moving passengers, baggage, and goods across borders. This convention deals with the carrier’s liability — the airline’s legal responsibility — for damage caused to passengers, baggage and goods, and also for damage caused by delay. So if your flight is late and you lose money because of it, Warsaw is where that liability is defined. Next, May 1933, Rome. Two conventions were signed there on the same day. The first is the Convention for the Unification of Certain Rules Relating to Damage Caused by Aircraft to Third Parties on the Surface. This one recognized the liability of the carrier for damage caused on the ground — think of an aircraft crashing into a building or a car. It led to the Brussels Insurance Protocol of 1938, and it was later replaced by the Rome Convention of 1952, which was drafted by ICAO — the International Civil Aviation Organization, which we’ll meet in a moment. The second Rome convention of May 1933 is the Convention for the Unification of Certain Rules Relating to Precautionary Arrest of Aircraft. This is about when an aircraft can be arrested or ‘attached’ — legally seized, usually over a debt. The convention specifies which aircraft can be arrested, and importantly, it excludes certain categories: government aircraft, including postal transport; aircraft in service on public transport, plus their back-up aircraft; and aircraft apportioned for the carriage of persons or goods for reward — that is, aircraft set aside for commercial carrying. So the rule protects the aircraft that are actively serving the public or the state. Now, September 1938, Brussels. This is the Protocol Supplementing the Convention for the Unification of Certain Rules Relating to Damage Caused by Aircraft to Third Parties on the Surface. Its content is the obligation of the carrier to arrange third party insurance. That means the airline must carry insurance to cover damage it causes to people and property on the ground. And here’s a memorable historical note: this is what eventually killed off Pan Am — the insurance burden became unsustainable. Then we reach the big one — December 1944, Chicago. The Convention on International Civil Aviation. This is the treaty that regulates civil aviation and led to the creation of ICAO. It also produced the 18 Annexes to the Chicago Convention — the detailed technical standards that ICAO member states adopt. Those annexes cover everything from personnel licensing to airworthiness to operations. Also in December 1944, Chicago, we have the International Air Services Transit Agreement. This one grants the two technical freedoms of the air. These are the rights to fly over a foreign country without landing, and to land for non-traffic purposes — like refuelling or maintenance — without picking up or dropping off passengers. And finally, also December 1944, Chicago, the International Air Transport Agreement. This grants the three commercial freedoms of the air. Together with the two technical freedoms, this is known as the 5 freedoms agreement — because 2 plus 3 equals 5. And note this: the other freedoms, 6, 7 and 8, are really no more than minor variations of these 5. So the core structure of air traffic rights is built on those five. Let me pause there. You now have the full chronological map of the major treaties. The key thread is this: sovereignty first, then liability for passengers and cargo, then liability for ground damage, then insurance, then the creation of ICAO and the framework of air freedoms. That’s the skeleton of international air law.