ULUSLARARASI KAMU HUKUKU II - Deneme Sınavı - 14

Functions of the Council are submitting annual reports to the Assembly, carrying out the directions of the Assembly, appointing and defining the duties of the Air Transport Committee, Committee on Joint Support of Air Navigation Services, the Finance Committee, the Committee on Unlawful Interference, the Technical Cooperation Committee and the Human Resources Committee.

The Secretariat is headed by the Secretary General. The Secretariat has five bureaus such as the Air Navigation, the Air Transport, the Technical Cooperation, the Legal Affairs and External Relations and the Bureau of Administration and Services. The Secretariat is responsible for the registration of the treaties and takes necessary actions when the ICAO is selected as the depository for an international treaty.

According to Article 19 of the Convention, each State shall establish a national registry system, and the system shall be in accordance with the Convention.

Annex 11 is the most important one among the others and needs closer attention. The Annex refers to air traffic services which have a vital role for ANS. According to it, the whole airspace on the planet is divided into flight information services (FIR). In these regions, flight information and alerting services are provided. The objectives of the Annex are to prevent collisions between aircraft on board, to maintain air traffic order, to provide information for the safety and the efficiency of flights, and to notify the relevant organizations when an aircraft needs search and rescue aid.

The Montreal Convention criminalizes more actions against civil aviation in comparison to the former conventions regarding aviation security. Criminalized actions defined in the Convention are acts of violence against a person on board, destruction of an aircraft in service, causing damage to an aircraft which renders it incapable of flight or which is likely to endanger safety in flight, places or causes to be placed on an aircraft a device or substance which is likely to destroy aircraft, destroy or damage air navigation facilities or interferes with their operation, communicates information endangering the safety of an aircraft in flight

The Liability Convention firstly defines basic notions such as damage, launching State and space object. Then, the liability for the damages occurred in outer space and the earth are regulated separately. Furthermore, the Convention provides a dispute settlement mechanism for the compensation of the damage caused by a space object.

The Liability Convention establishes a dispute settlement mechanism for the compensation of the damage as well. The dispute settlement mechanism of the Convention has different phases. In the first phase, the claimant State should submit its claim through diplomatic channels. If the parties of the damage can not reach a resolution within one year of the first attempt, then they apply another method as the second phase (Article 8 – 19).

Kessler Syndrome Proposed by the American scientist Donald Kessler.

According to Kessler’s theory, increase of space debris in the Earth orbit might trigger a chain reaction of collusion and create even more space debris.

The 1926 Madrid Convention was adopted in the Ibero-American Aviation Congress organized by Spain in Madrid. The Convention was ratified by Argentina, Costa Rica, Dominican Republic, El Salvador, Mexico, and Spain. However, it never came into force. It did not bring further legal regime than the Paris Convention anyway since the articles were similar to the articles of the 1919 Paris Convention.

The objective of the Organization is to:

ensure the safe and orderly growth of international civil aviation,

encourage the design and operation of aircraft for peaceful purposes,

encourage the development of airways, airports, and air navigation facilities,

meet the need for safe, regular, efficient, and economical air transport,

prevent economic waste caused by unreasonable competition,

ensure the rights of States,

ensure fair opportunity for each State to operate an international airline,

avoid discrimination between contracting States,

promote the safety of flight in international air navigation,

promote the development of international civil aeronautics.

The Assembly consist of all member States of ICAO. The assembly meets not less than once in every three years.

Powers and duties of the Assembly are to elect the member States to be represented on the Council, examine and implement the reports of the Council, decide on any matter referred by the Council, determine its own rules of procedure, establish a subsidiary commission if it is necessary, approve the budget of the Organization, review expenditure and approve the accounts of the Organization and so on.

International air space can be defined as the air space beyond the national air spaces of each State, or the air space above the areas of the sea beyond territorial waters. Therefore, the air space above high seas, as well as the contiguous zone beyond territorial waters, international straits, exclusive economic zone, and continental shelf are considered to be international air space (Milde, 2014: 37 - 42).

The international air space is a res communis area. On the international air space, no State has any sovereign powers or rights. Each State has the freedom of overflight in international air space.

However, some of the sea areas have their own passage regimes for ships and aircrafts. International streats provides one of the exceptions to freedom of overflight for aircraft. In the international air space above international straights, aircrafts are subject to transit passage regime.

For the sake of aviation security, several international treaties have been enacted under the auspices of the ICAO such as:

the 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft (The Tokyo Convention),

the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague Convention),

the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (The Montreal Convention),

the 2010 Beijing Convention on the Suppression of Unlawful Act Relating to International Civil Aviation (The Beijing Convention) are some of them (Weber, 2011: 289 – 293).

The Moon Agreement (MA) was adopted without a vote by the UN General Assembly in 1979. The Agreement aims to address the Moon and celestial bodies in detail, to prevent the moon and celestial bodies to be an area of international conflict, to ensure equal utilization of the Moon and the other celestial bodies for the benefit of humankind.

There are different approaches to the delimitation of air and outer space. These approaches are classified as spatial approach and functional approach. The spatial approach suggests that a physical line must be set between air space and outer space. For instance, Von Karman suggested that the line between air space and outer space must be at an altitude of 100 km. He based this line according to the highest altitude that an aircraft might fly.

Liability for space activities has three elements: Damage, launching State and space object.

the definition and the legal status of the vehicle designed for orbital and suborbital flights

Harmful contamination could be microbial contamination, radioactive contamination, chemical contamination and so on.

Balloon was first used for military purposes by France and the USA in the 19th century.

Air Law refers to the rules on the legal status of the national and international air space, aircraft and the management of aviation. Regarding aviation, aviation law creates a special regime to deal with air transportation, carriage, navigation, security, insurance, the liability of the carrier and product liability.