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The Development Team Paper 8: Cargo Operations and Management Module-02: International Air regulations (Conventions and Organizations) THE DEVELOPMENT TEAM Principal Investigator Prof. S. P. Bansal Vice Chancellor, Indira Gandhi University, Rewari Co-Principal Investigator Dr. Prashant K. Gautam Director, UIHTM, Panjab University, Chandigarh Paper Coordinator Prof. S. P. Bansal Vice Chancellor, Indira Gandhi University, Rewari Paper Co-Coordinator Dr. Amit Katoch Assistant Professor, UIHTM, Panjab University, Chandigarh Content Writer Dr. Amit Katoch Assistant Professor, UIHTM, Panjab University, Chandigarh Content Reviewer Prof. S. Kabia Chairman, Institute of Tourism and Hotel Management, Bundelkhand University, Jhansi TERMS DESCRIPTION OF MODULE Subject Name Tourism & Hospitality Paper Name Cargo Operations and Management Module No. 02 Module Title International Air regulations (Conventions and Organizations) Objectives To understand the Conventions and Organizations related to Air cargo Keywords Air cargo, business model, service attributes TABLE OF CONTENTS 1. Learning Outcome 2. Introduction 3. International Organisations 3.1 Warsaw Convention or First global aviation agreement (1929) 3.2 Chicago conventions 3.3 Freedoms of the Air 3.4 Bermuda agreement 3.5 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 1971(The Sabotage Convention or the Montreal Convention) 3.6 Montreal convention 1999 (MC1999) 3.7 Annex 18 4. International Aviation Organisations 4.1 International Civil Aviation Organization (ICAO) 4.2 International Air Transport Association (IATA) 5. Summary QUADRANT I International Air regulations (Conventions and Organizations) 1. LEARNING OUTCOME OF THE MODULE After completing this module, students will be able to about international organisations and organisations of aviation such as: Warsaw convention Chicago convention Freedoms of the Air Bermuda agreement Montreal convention Annex 18 ICAO and IATA 2. Introduction International air transport evokes considerable interest of many people those associated with airlines; airports and communities. The process and structure of international air transport regulation have three distinct venues — national, bilateral and multilateral. This module includes international conventions like Warsaw convention Chicago convention, freedoms of air and various other agreements such as Bermuda agreement, Montreal convention 1999 etc. Along with the trend of globalization and liberalization, international air transport has also undergone significant changes in the last decade. Hence, the following module also covers the description of important organisations like ICAO and IATA. 3. International regulations Source: https://image.slidesharecdn.com/travelandtourism-090520230412-phpapp02/95/travel-and-tourism-73-728.jpg?cb=1321252635 3.1 Warsaw Convention or First global aviation agreement (1929) On October 12, 1929 the first international agreement governing aviation known as The Warsaw Convention was signed. Due to this convention passenger ticket baggage check was made mandatory and liability law was widely implemented. In the history of aviation private air law in context to international luggage reached a peak in the initial years and soon after that after WWI flights were established that could carry passengers, mail and freight. In France, national laws were taken up in 1923 concerned with the liability in the carriage via airways. Such issue called for unification of law on a wide international level to prevent many conflicts. The First International Conference on Air was conducted in Paris from 27 October to 6 November 1925 by the French Government who decided to form the Comité International Technique d' Experts Juridiques Aériens (CITEJA)which was an organization where continuation of the work of the Conference was handled by legal expertise. The Committee held sessions in the Royal Castle at Warsaw, Poland. On 12 October 1929, the Warsaw Convention took Unification of Rules Relating to International Carriage by Air as a private international law. Over the years, several amendments, supplements, rules, and regulations had been added summing up the Warsaw Convention. 65 delegates from thirty-three nations attended this Conference. This Convention stated that all passengers need to have issued tickets, baggage checks, and certain limitations from the passenger’s liabilities. During the extensive studies, ICAO council conducted a Diplomatic Conference held from 6 to 28 September 1955 at The Hague the Warsaw Convention was amended by some minor adjustments. Source: https://www.icao.int/PublishingImages/photo_3.jpg 3.2 Chicago conventions The Chicago Convention, built the International Civil Aviation Organization (ICAO), a specialized agency of the UN charged with coordinating and regulating international air travel. It establishes rules of airspace, aircraft registration and safety, assigned the rights given to the signatories in air travel and exempts air fuels in transit taxation. Signed on December 7, 1944 in Chicago by 52 signatory states this document received the requisite 26th ratification (March 5, 1947) and was implemented on April 4, 1947 along with ICAO. In October ICAO became a specialized agency of the United Nations Economic and Social Council (ECOSOC). The Convention has since been revised eight times (in 1959, 1963, 1969, 1975, 1980, 1997, 2000 and 2006). In 2013, the Chicago Convention has 191 state parties coming under the location of Chicago. The Cook Islands, Switzerland, and United States of America also form an important part. Some important articles of Chicago convention are: Article 1: Every state has complete and exclusive sovereignty over airspace above its territory. Article 3: Every other State must refrain from resorting to the use of weapons against civil aircraft in flight. Article 5: The aircraft of states, other than scheduled international air services, have the right to make flights across state's territories and to make stops without obtaining prior permission. However, the state may require the aircraft to make a landing. Article 6: (Scheduled air services) No scheduled international air service may be operated over or into the territory of a contracting State, except with the special permission or other authorization of that State. Article 10: (Landing at customs airports): The state can require that landing to be at a designated customs airport and similarly departure from the territory can be required to be from a designated customs airport. Article 12: Each state shall keep its own rules of the air as uniform as possible with those established under the convention, the duty to ensure compliance with these rules rests with the contracting state. Article 13: (Entry and Clearance Regulations) A state's laws and regulations regarding the admission and departure of passengers, crew or cargo from aircraft shall be complied with on arrival, upon departure and whilst within the territory of that state. Article 16: The authorities of each state shall have the right to search the aircraft of other states on landing or departure, without unreasonable delay... Article 24: Aircraft flying to, from or across, the territory of a state shall be admitted temporarily free of duty. Fuel, Oil, spare parts, regular equipment and aircraft stores retained on board is also exempt custom duty, inspection fees or similar charges. Article 29: Before an international flight, the pilot in command must ensure that the aircraft is airworthy, duly registered and that the relevant certificates are on board the aircraft. The required documents are: a) Certificate of Registration b) Certificate of Airworthiness c) Passenger names, place of boarding and destination d) Crew licences e) Journey Logbook f) Radio Licence g) Cargo manifest Article 30: The aircraft of a state flying in or over the territory of another state shall only carry radios licensed and used in accordance with the regulations of the state in which the aircraft is registered. The radios may only be used by members of the flight crew suitably licensed by the state in which the aircraft is registered. Article 32: the pilot and crew of every aircraft engaged in international aviation must have certificates of competency and licences issued or validated by the state in which the aircraft is registered. Article 33: (Recognition of Certificates and Licences) Certificates of Airworthiness, certificates of competency and licences issued or validated by the state in which the aircraft is registered, shall be recognised as valid by other states. The requirements for issue of those Certificates or Airworthiness, certificates of competency or licences must be equal to or above the minimum standards established by the Convention. Article 40: No aircraft or personnel with endorsed licenses or certificate will engage in international navigation except with the permission of the state or states whose territory is entered. Any license holder who does not satisfy international standard relating to that license or certificate shall have attached to or endorsed on that license information regarding the particulars in which he does not satisfy those standards. Source: https://people.hofstra.edu/geotrans/eng/ch3en/conc3en/img/airfreedom.png 3.3 Freedoms of the Air The freedom of air are a group of formulized aviation rights which allows a country to either enter another countries airspace or land in it during emergency. This liberty was given in the Chicago Convention in 1944 in the Convention by
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