International air law is a branch of international law , the principles and norms of which govern the legal status of airspace and the modes of its use for air navigation .
Regulation of the use of airspace for air navigation means, first of all, the issues of international flights by civil aircraft , excluding state aircraft (by which the Chicago Convention on International Civil Aviation of 1944 refers to military , customs and police vessels).
The issues of transit over international straits and archipelagic waters are regulated by the 1982 UN Convention on the Law of the Sea and therefore relate to international law of the sea .
Creation History
In 1919, the enshrined the principles of state sovereignty over airspace. In 1944, the Chicago Civil Aviation Conference was held. The principle of freedom of flight in international airspace. The conference adopted standards that are legally binding for international flights, it does not apply to aircraft that the state uses to exercise its power functions (border and customs control, defense, police functions, etc.). In addition, the Convention laid the legal basis for the creation of the International Civil Aviation Organization (ICAO); The organization began work on April 4, 1947.
The 1944 International Air Transit Agreement established two air freedoms :
- the ability to fly without landing;
- Possibility of landing for maintenance.
The 1944 agreement on international air transport established three more:
- the ability to disembark passengers, unload cargo and mail taken in the state in which the aircraft is registered;
- the ability to take on board passengers, cargo and mail, following to the territory of the state in which the aircraft is registered;
- the ability to take passengers, cargo and mail on board to the territory of any of the states participating in the Agreement, the ability to drop off passengers, unload cargo and mail coming from one of these states.
Links
- Air law // Great Soviet Encyclopedia : [in 30 vol.] / Ch. ed. A.M. Prokhorov . - 3rd ed. - M .: Soviet Encyclopedia, 1969-1978.