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Aircraft Manual (India)

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Aircraft Manual (India) 1 AIRCRAFT MANUAL (INDIA) VOLUME III INTERNATIONAL CONVENTIONS (Revised Edition corrected upto 30 September, 2003) 2 INTERNATIONAL CONVENTIONS TABLE OF CONTENTS CHAPTER PAGE I The Chicago Convention, 1944 ........3 II The International Air Services Transit Agreement, 1944 ....27 III The International Air Transport Agreement, 1944 .....33 IV The Protocol on the Authentic Trilingual Text of the Convention on International Civil Aviation, 1944 .......39 V The Protocol on the Authentic Quadrilingual Text of the Convention on International Civil Aviation, 1944 .......43 VI The Warsaw Convention, 1929 ........47 VII The Hague Protocol, 1955 ........57 VIII The Guatimala City Protocol, 1971 .......67 IX The Additional Protocol No. 1, 1975 .......77 X The Additional Protocol No. 2, 1975 .......83 XI The Additional Protocol No. 3, 1975 .......89 XII The Montreal Protocol No. 4, 1975 .......95 XIII The Guadalajara Convention, 1961 .......105 XIV The Geneva Convention, 1948 ........111 XV The Rome Convention, 1952 ........119 XVI The Tokyo Convention, 1963 ........131 XVII The Hague Convention, 1970 ........139 XVIII The Montreal Convention, 1971 .......145 XIX The Montreal Protocol, 1988 ........153 XX The Montreal Convention, 1991 .......157 XXI The Montreal Convention, 1999 .......165 XXII The Cape Town Convention, 2001 .......181 XXIII The Cape Town Protocol, 2001 ........203 XXIV The Consolidated Text of the Cape Town Convention and Protocol . 219 3 CHAPTER I CONVENTION ON INTERNATIONAL CIVIL AVIATION SIGNED AT CHICAGO ON 7TH DECEMBER, 1944 (THE CHICAGO CONVENTION, 1944) 4 [Intentionally left blank] 5 THE CHICAGO CONVENTION, 1944 CHAP. I CHAPTER I CONVENTION ON INTERNATIONAL CIVIL AVIATION SIGNED AT CHICAGO ON 7TH DECEMBER, 1944* (THE CHICAGO CONVENTION, 1944) PREAMBLE State has complete and exclusive sovereignty over the airspace above its territory. WHEREAS the future development of international civil aviation can greatly help to Article 2 create and preserve friendship and understanding among the nations and peoples Territory of the world, yet its abuse can become a threat to the general security; and For the purposes of this Convention the WHEREAS it is desirable to avoid friction territory of a State shall be deemed to be the and to promote that cooperation between land areas and territorial waters adjacent thereto nations and peoples upon which the peace of under the sovereignty, suzerainty, protection the world depends; or mandate of such State. THEREFORE, the undersigned governments Article 3 having agreed on certain principles and arrangements in order that international civil Civil and state aircraft aviation may be developed in a safe and orderly manner and that international air transport (a) This Convention shall be applicable services may be established on the basis of only to civil aircraft, and shall not be applicable equality of opportunity and operated soundly to state aircraft. and economically; (b) Aircraft used in military, customs and Have accordingly concluded this police services shall be deemed to be state Convention to that end. aircraft. PART I (c) No state aircraft of a contracting State AIR NAVIGATION shall fly over the territory of another State or CHAPTER I land thereon without authorization by special GENERAL PRINCIPLE AND agreement or otherwise, and in accordance with the terms thereof. APPLICATION OF THE CONVENTION (d) The contracting States undertake when Article 1 issuing regulations for their state aircraft, that they will have due regard for the safety of Sovereignty navigation of civil aircraft. The contracting States recognize that every * Came into force on 4th April, 1947, the thirtieth day after deposit with the Government of the United States of America of the twenty sixth instrument of ratification thereof or notification of adherence thereto, in accordance with Article 91(b). As on 30 June, 2003 there were 188 contracting States party to it. India ratified it on 1 March, 1947. 6 CHAP. I THE CHICAGO CONVENTION, 1944 Article 3 bis* use of any civil aircraft registered in that State or operated by an operator who has his principal (a) The contracting States recognize that place of business or permanent residence in every State must refrain from resorting to the that State for any purpose inconsistent with use of weapons against civil aircraft in flight the aims of this Convention. This provision and that, in case of interception, the lives of shall not affect paragraph (a) or derogate from persons on board and the safety of aircraft paragraphs (b) and (c) of this Article. must not be endangered. This provision shall not be interpreted as modifying in any way the Article 4 rights and obligations of States set forth in the Charter of the United Nations. Misuse of civil aviation (b) The contracting States recognize that Each contracting state agrees not to use every State, in the exercise of its sovereignty, civil aviation for any purpose inconsistent with is entitled to require the landing at some the aims of this Convention. designated airport of a civil aircraft flying CHAPTER II above its territory without authority or if there are reasonable grounds to conclude that it is FLIGHTS OVER TERRITORY being used for any purpose inconsistent with OF CONTRACTING STATES the aims of this Convention; it may also give such violations. For this purpose, the Article 5 contracting States may resort to any appropriate means consistent with relevant rules of Right of non-scheduled flight international law, including the relevant Each contracting State agrees that all aircraft provisions of this Convention, specifically of the other contracting States, being aircraft paragraph (a) of this Article. Each contracting not engaged in scheduled international air State agrees to publish its regulations in force services shall have the right, subject to the regarding the interception of civil aircraft. observance of the terms of this Convention, to (c) Every civil aircraft shall comply with an make flights into or in transit non-stop across order given in conformity with paragraph (b) its territory and to make stops for non-traffic of this Article. To this end each contracting purposes without the necessity of obtaining State shall establish all necessary provisions in prior permission, and subject to the right of the its national laws or regulations to make such State flown over to require landing. Each compliance mandatory for any civil aircraft contracting State nevertheless reserves the registered in that State or operated by an right, for reasons of safety of fight, to require operator who has his principal place of business aircraft desiring to proceed over regions which or permanent residence in that State. Each are inaccessible or without adequate air contracting State shall make any violation of navigation facilities to follow prescribed routes, such applicable laws or regulations punishable or to obtain special permission for such flights. by severe penalties and shall submit the case to Such aircraft, if engaged in the carriage of its competent authorities in accordance with passengers, cargo, or mail for remuneration or its laws or regulations. hire on other than scheduled international air (d) Each contracting State shall take services, shall also, subject to the provisions appropriate measures to prohibit the deliberate of Article 7, have the privilege of taking on or ** On 10 May, 1984, the Assembly amended the Convention by adopting the Protocol introducing Article 3 bis. Under Article 94(a) of the Convention, the amendment came into force on 1 October, 1998, in respect of States which ratified it. There were 125 States party to it as on 30 June, 2003. India has not ratified it. 7 THE CHICAGO CONVENTION, 1944 CHAP. I discharging passengers, cargo, or mail, subject from flying over certain areas of its territory, to the right of any State where such embarkation provided that no distinction in this respect is or discharge takes place to impose such made between the aircraft of the State whose regulations, conditions or limitations as it may territory is involved, engaged in international consider desirable. scheduled airline services, and the aircraft of the other contracting States likewise engaged. Article 6 Such prohibited areas shall be of reasonable Scheduled air services extent and location so as not to interfere unnecessarily with air navigation. Descriptions No scheduled international air service may of such prohibited areas in the territory of a be operated over or into the territory of a contracting State, as well as any subsequent contracting State, except with the special alterations therein, shall be communicated as permission or other authorization of that State, soon as possible to the other contracting States and in accordance with the terms of such and to the International Civil Aviation permission or authorization. Organization. Article 7 (b) Each contracting State reserves also the right, in exceptional circumstances or Cabotage during a period of emergency, or in the interest Each contracting State shall have the right of public safety, and with immediate effect, to refuse permission to the aircraft of other temporarily to restrict or prohibit flying over contracting States to take on in its territory the whole or any part of its territory, on passengers, mail and cargo carried for condition that such restriction or prohibition remuneration or hire and destined for another shall be applicable without distinction of point within its territory. Each contracting State nationality
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