ULUSLARARASI KAMU HUKUKU II

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.

Space law refers to the legal status of outer space and the celestial bodies, space object and the fundamental principles governing space activities. Space law also includes private law aspects for the commercial use of space.

1919 Paris Convention recognized the
sovereignty of States over the air space above their
territory.

Chicago Convention established the International Civil Aviation Organization.

ICAO is one of the specialized agencies of the United Nations.

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 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.

According to the Annex 7 to the Chicago Convention, an aircraft is defined as “Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.”

The International Air Transport Association is a trade association for airlines in the world. Only airline companies can be a member of the Association.

The correct choice is B, "Chicago Convention".