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the destination. You must also have
the equipment in Section 605.18,
which covers instruments, lighting,
radios, etc required for IFR.
International Air Law
The idea behind this is to reduce a
phenomenon known as conflict of laws,
and the resulting confusion that
could arise where, say, a claim for
damages is brought in a French
court in respect of injury to a
Canadian whilst travelling on a ticket
bought in Holland for a journey
from Germany on an Italian plane.
International Air Law has mainly
evolved through various
International Conventions or
Treaties, too numerous to mention
here, which form the basis of Public
International Law which in turn can
be incorporated into the law of
individual states in relation to the
Chicago Convention of 1944, which
established the adoption of
International Standards and
recommended Practices.
A Convention is an agreement that
many nations are at liberty to enter
into and the word Treaty indicates
agreements between two (or more)
States that bind only themselves.
The Tokyo Convention 1963, for
instance, relates to offences
committed on board, but not by,
aircraft. The Warsaw Convention
relates to liability (to passengers), the
Hague Convention concerns unlawful
seizure, the Montreal Convention deals
with unlawful acts against the safety
of civil aviation, and the Rome
Convention is about liability towards
people and goods on the ground.
Thus, Conventions can cover many
subjects, including nav equipment,
but they can also establish governing
bodies, like the International Civil
Aviation Organisation (ICAO).
Agreements
The International Air Services Transit
Agreement allows aircraft of states
party to it to overfly or make tech
stops in the territory of other
contracting states.
The International Air Transport
Agreement allows the carriage of
traffic between the State of
Registration of an aircraft and any
other contracting state.
ICAO/IATA
ICAO is a worldwide body
convened by governments while the
International Air Transport Association
(IATA) is an equivalent body
established by the airlines. Although
IATA is a private organisation, it
nevertheless has strong links with
ICAO and governments, and is
often used by many airlines as an
agent for inter-airline cooperation.
IATA has many committees, but the
most significant is Traffic, which
negotiates many arrangements
between states and airlines. As well
as certain freedoms granted by
Conventions over the years (such as
flying over certain territories, taking
112 Canadian Professional Pilot Studies
tech stops and collecting or
discharging passengers), other rights
of commercial entry are established
by bilateral agreements, which
provide for route(s) to be flown,
estimate traffic capacity, frequencies
of service and establish other precise
rules under which operator and crew
licensing are accepted by the
respective parties to the agreement.
Under the ICAO Convention, the
territory of a State consists of land
areas and adjacent territorial waters
under its sovereignty, suzerainty,
protection or mandate. Every State has
complete and exclusive sovereignty
over the airspace above its territory.
ICAO Rules of the Air apply to
aircraft bearing the nationality and
registration marks of a contracting
State, wherever they may be, as long
as they do not conflict with those of
the State with jurisdiction over the
territory being flown over. In other
words, State rules take precedence
over ICAO where they conflict.
However, the Authority in the State
of registration will most likely
require to be informed.
The appropriate authorities have the
right, without unreasonable delay, to
search aircraft belonging to other
States when landing or departing,
and to inspect documentation. The
State of Registry is the State in whose
Register an aircraft is entered.
Subject to Customs regulations,
aircraft on flights to, from or across
the territory of another State are
admitted temporarily free of duty.
Fuel, oil, stores and spares, etc. on
board and destined to be leaving
again are exempt from duties,
inspection fees or similar charges.
Aircraft of other contracting States
not on scheduled international air
services (i.e. general aviation aircraft)
may, subject to the Convention
make flights into or non-stop in
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