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The concept of international air law
1.
International AirLaw
1.
The concept of international
air law
2. Airspace
3. International Civil Aviation
Organization (ICAO)
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The concept ofinternationall air
llaw
International air law is a set of legal
principles and norms that directly or
indirectly regulate relations between
states regarding the use of airspace and
the organization of international air
communications. International air
services means air services carried out
by aircraft for the public transport of
passengers, mail or cargo over the
territory of more than one state. An
aircraft is an aircraft, lighter or heavier
than air, which can stay in the
atmosphere due to interaction with air.
Aircraft does not include: spacecraft,
hovercraft, meteorological balloons and
unmanned balloons.
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The concept ofinternationall air
llaw
The first regulatory legal act aimed at
regulating air flights was adopted in
1784 by the authorities of Paris, which
prohibited balloon flights without special
permission from the police, in order to
protect the life and health of people and
private property from the negative
consequences that could be caused by
the fall of an air balloon. In turn, in 1784
in Russia, Catherine II issued a decree
banning balloons from M arch 1 to
December 1 because of the danger of
fires. Acts of a similar content were also
adopted in other states.
4.
AirspaceA basic principle of international air law is that each state has
full and exclusive sovereignty over the airspace above its
territory, including the territorial seas. the principle of
airspace sovereignty was unequivocally enshrined in the Paris
Convention for the Regulation of Air Navigation of 1919, and
subsequently in many other multilateral agreements. This
principle is once again confirmed in the Chicago Convention
on International Civil Aviation of 1944. Airspace is currently
considered as a space located above the land and water
territory of the state and sharing a legal regime with it. Thus,
under the 1958 Geneva Convention on the High Seas, as well
as under customary international law, the freedoms of the
high seas apply to international air navigation as well as to
international maritime navigation. In terms of height, airspace
ends at an altitude of 100 km, outer space begins above.
5.
«The law is the highestmanifestation of human
wisdom, using the
experience of people for
the benefit of society.».
— Samuel Johnson
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International Civil AviationOrganization (ICAO)
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IC AOIn accordance with the Paris Convention, in
1919, the International Commission for Air
Navigation, subordinate to the League of
Nations, was created with headquarters in
Paris. In 1937, during the Inter-American
Technical Aviation Conference, a decision was
made to establish the Permanent American
Aviation Commission. Subsequently, as a
result of the signing of the Chicago Convention
of 1944, both commissions are replaced by the
International Civil Aviation Organization (ICAO)
formed in 1947. The Soviet Union joined in
1970, making ICAO a virtually universal
organization.
8.
The International Civil Aviation Organization is a specialized agency of the United Nations, headquartered in Montreal (Canada). The highestbody of the organization is the Assembly, at the plenary session of which the reports of the Council are heard, the budget and distribution of
contributions are approved. The Council is a permanent executive body, elected every three years, consisting of 36 states, which, among
other things, adopts additional annexes to the conventions. The main permanent working bodies of the Council are: Air Navigation
Commission; The Air Transport Committee, the Finance Committee and the Legal Committee, at whose meetings air law issues of interest to
all members of the organization are discussed and draft conventions are prepared for subsequent consideration and adoption.
One of the most important functions of ICAO is the preparation and periodic revision of international standards and recommendations
relating to civil aviation. Much is being done to standardize aviation regulations around the world. Other functions of ICAO include:
development of rules governing the work of the flight crew, ground services and maintenance services; setting requirements for safety and
environmental protection; preparation of joint programs for the financing of air navigation facilities and technical assistance. The Council of
ICAO, in accordance with the Chicago Convention, may also function as either a conciliation body or a judicial body in disputes between
members of the organization.