ULUSLARARASI KAMU HUKUKU II

The International Civil Aviation Organization (ICAO)  was established by the Chicago Convention in Part II.

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.

SARPs: Standards and Recommended Practices are an element of the safety management of civil aviation. It aims to provide assistance to States to manage aviation safety risks in cooperation with their service providers. In this way this attempt supports the strategy to improve the safety performance of civil aviation.

The Chicago Convention only applies to civil aircraft. Therefore, the Convention makes a clear distinction between civil and State aircraft, and leaves State aircraft out of its scope. The Article 3/b of the Chicago Convention defines State aircraft as “aircraft used in military, customs and police services.

As for air transport, it is more related to the business aspect of aviation. It consists of carriage of passengers, baggage, cargo, and mail.

The Beijing Convention includes new crimes in light of the needs of international society against recent threats for civil aviation and unlawful transport of BCN weapons are defined as a crime by the Convention.

The first UN Treaty on outer space is the Outer Space Treaty (OST).

According to the OST, there is freedom of exploration and use of outer space. Therefore, everyone could perform any activity which is not forbidden. Apart from the OST, the MA is more likely to address space mining because it brings the common heritage of mankind principle, and permits exploitation of natural resources to be found in the future.

There is no 1935 London Convention for aviation. There is 1935-36 London Conference, but it is about navy.

The vital rules of the Chicago Convention are sovereignty on air space, territory, the legal status of civil and State aircraft, scheduled and non-scheduled air services, cabotage, prohibited areas, registry and nationality of aircraft, customs and immigration, requirements to be fulfilled concerning aircraft and so on

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

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.