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Article 5 Right of Non-scheduled Flight

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Convention on International Civil Aviation

Abstract

Each contracting State agrees that all aircraft of the other contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.

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Notes

  1. 1.

    ICAO Doc 7278-C/841, May 1952.

  2. 2.

    A7-WP/10.

  3. 3.

    See Doc 9587.

  4. 4.

    O’Connell (2007) at 59 at 63.

  5. 5.

    Id. 67.

References

  • O’Connell JF (2007) Airlines, an inherently turbulent industry. In: O’Connell JF, Williams G (eds) Air transport in the 21st century – key strategic developments. Ashgate, Surrey

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Abeyratne, R. (2014). Article 5 Right of Non-scheduled Flight. In: Convention on International Civil Aviation. Springer, Cham. https://doi.org/10.1007/978-3-319-00068-8_6

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