International Aviation Law

 

    

        ICAO is an agency formed in 1944 in Chicago, United States. This agency was formed with the aim of :

1. Become a forum for discussion of international aviation issues

2. Providing technical assistance to developing countries in the world of aviation

In addition, ICAO has targets to be achieved, such as developing international air navigation principles and techniques and supporting international air transportation planning and development.

        There are two types of rules in international aviation law, namely non-economic rules and economic rules. In the non-economic regulations provide rules regarding :

1. Aircraft flightworthiness standards which include: Design and production standards, as well as flight

    and operational performance.

2. Schedule, nature, operational supervision, supervision and maintenance as well as employee

    selection.

3. Type and number of flights as well as human factors.

4. Airline operations

5. Aviation facilities and infrastructure.

Meanwhile, the economic regulation discusses air freedom.

In international aviation law there must be ANNEXES ICAO. In there includes:

1. Personnel Licensing: License for flight crew, ATC officers, aircraft personnel and aircraft

    maintenance

2. Rules of the Air: Rules regarding the operation of visual flight (VFR) and with instrument (IFR)

3. Meteorology: Providing meteorological services for international air navigation and reporting of

    meteorological observations from aircraft

4. Aeronautical Charts: Specification for aeronautical maps for use in international aviation

5. Unit of Measurement to be used in Air and Ground Operations: Dimensional systems used in air

    ground communications

6. Operation of Aircraft: A specification that will ensure a level of safety above the minimum level

    established in all similar aviation operations around the world.

7. Aircraft Nationality and Registration Marks: Aircraft requirements and identification

8. Airworthiness of Aircraft: Certification and inspection of aircraft according to uniform procedures

9. Facilitation: Facilities, equipment and documents to support the departure and arrival of passengers,

    luggage and cargo and crew.

10. Aeronautical Telecommunication: Equipment standards and communication systems and

      specifications for communication procedures.

11. Air Traffic Services: Establishment and operation of air traffic control services (ATC), flight

      information services and warning services.

12. Search and Rescue: Organization and operation of facilities and services essential to SAR.

13. Aircraft Accident and Incident Investigation: Uniformity in notification, investigation, and

      reporting of aircraft accidents.

14. Aerodromes: Specifications regarding airport design and equipment.

15. Aeronautical Information Services: Methods of collecting and disseminating aeronautical

      information required for flight operations

16. Inveronmental Protection: Specifications on aircraft noise, noise monitoring and noise units for

      land use planners.

17. Security; Specifications for safeguarding and guaranteeing international civil aviation against acts

      of unlawful interference

18. Dangerous Goods; Hazardous goods classification, gasket standard, dangerous goods labeling

19. Safety Management: Safety management systems and procedures.

These points are 19 important points in ICAO annexes. In understanding international aviation law, one must understand the concept of freedom of air which has been regulated. 

1. Operational Right it's the right to enter the market which is stated by a physical specification of how many airlines are permitted, the number and type of aircraft operating and the routes that are allowed.

- overflight right

- technical stop right

- mandatory stop right

- right of positioning flight

2. Traffic Right is the right to enter the market which is stated by the approved physical or geographical specifications.

- The right to transport cargo and mail

- The right to carry passengers

- The right combination of the two

Then in freedom of air there is also air freedom rights, includes:

1. 

 

The right of an airline of a country to fly across the air of another country without landing. Example: KLM flies from Amsterdam to Australia across Singapore without stopping in Singapore.

2. 

The right of an airline of a country to land in another country for the sole purpose of refueling. Example: Lufthansa on its flight to Europe from Jakarta stops in Singapore to refuel, but does not carry passengers.

3. 

The right of an airline of a country to land in another country, by carrying passengers and cargo from the country of origin. Example: Garuda flies to Singapore with passengers and cargo from Jakarta

4. 

The right of an airline of a country to transport from another country, passengers, post and cargo to be brought to the country. Example: Garuda carries passengers, passes and cargo from Singapore to be taken to Jakarta

5. 

The right of an airline of a country to transport passengers, post and cargo from a city in another country, to be carried to a third country. Example: Garuda carries passengers, post and cargo from Singapore to be taken to the Netherlands

6. 

The right of an airline of a country to transport passengers, post and cargo from a foreign country, and flown to another foreign country, through that country. Example: Garuda transports passengers, post and cargo from the Netherlands to Australia and stops in Jakarta first. (Jakarta is Garuda's home base)

7. 

Privileges, with respect to international air flights, granted by one State to another to carry passengers, post and cargo from the donor State to a third State provided it does not cover the operation of any point within the territory of the Giving State

8. 

Privileges, with respect to international air flights granted by one State to carry passengers, post and cargo between two points in the territory of the providing State on services originating or ending in the country of origin of the foreign carrier or (by virtue of the seventh right) outside the territory of the State giver.

9. 

Privileges, with respect to international air flights granted by a single State to carry passengers, post and cargo carried entirely within the territory of the granting State.

These matters are discussions of international aviation law. Hopefully this article can help your insight to understand the world of aviation. Please wait for my next article. Thanks.