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Consequences of the Special Legal Status of Aircraft

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Abstract

Having elucidated the various aspects of the special legal status of aircraft, we shall now determine the consequences of this special status.

Keywords

Legal Status International Convention International Civil Aviation Organization Nationality Principle Territorial System 
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References

  1. 1.
    Article 17. Aircraft have the nationality of the State in which they are registered.Google Scholar
  2. 2.
    Article 20 Every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks.Google Scholar
  3. 3.
    Article 21 Each contracting State undertakes to supply to any other contracting State or to the International Civil Aviation Organization, on demand, information concerning the registration and ownership of any particular aircraft registered in that State. In addition, each contracting State shall furnish reports to the International Civil Aviation Organization, under such regulations as the latter may prescribe, giving such pertinent data as can be made available concerning the ownership and control of aircraft registered in that State and habitually engaged in international air navigation. The data thus obtained by the International Civil Aviation Organization shall be made available by it on request to the other contracting States.Google Scholar
  4. 1.
    Article 18 An aircraft cannot be validly registered in more than one State, but its registration may be changed from one State to another.Google Scholar
  5. 2.
    Article 31 Every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered.Google Scholar
  6. 1.
    See p. 180 2 Article 33 Certificates of airworthiness and certificates of competency and licenses issued or rendered valid by the contracting State in which the aircraft is registered, shall be recognized as valid by the other contracting States, provided that the requirements under which such certificates or licenses were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention.Google Scholar
  7. 3.
    Annex 6, 4.5.5. The pilot-in-command shall be responsible for the maintenance of the Journey Log Book.Google Scholar
  8. 1.
    Annex 6, 4.2.1. An operator shall provide, for the use and guidance of operations personnel, an Operations Manual in accordance with 11.1.Google Scholar
  9. 2.
    Annex 6, 8.3.1. An operator shall ensure that there is provided, for the use and guidance of maintenance organizations and personnel, a Maintenance Manual containing the information specified in 11.2.Google Scholar
  10. 3.
    Annex 6, 11.5. Operators shall at all times have available for immediate communication to rescue co-ordination centres, lists containing information on the emergency and survival equipment carried on board any of their aircraft engaged in international air navigation.Google Scholar
  11. 4.
    CITEJA Doc. 17, 37, 434, 493, 496. International Labour Office, Report V, 24th Session, Geneva, 1938. ICAO Doc. 4006 (Feb. 1947).Google Scholar
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  17. 5.
    Article 37 Each contracting State undertakes to collaborate in securing the highest practiceable degree of uniformity in regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end the International Civil Aviation Organization shall adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with: (a) Communications systems and air navigation aids, including ground marking; (b) Characteristics of airports and landing areas; (c) Rules of the air and air traffic control practices; (d) Licensing of operating and mechanical personnel;Google Scholar
  18. (e) Airworthiness of aircraft; (f) Registration and identification of aircraft; (g) Collection and exchange of meteorological information; (h) Log books; (i) Aeronautical maps and charts;Google Scholar
  19. (j) Customs and immigration procedures; (k) Aircraft in distress and investigation of accident; and such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate.Google Scholar
  20. 1.
    Art. Supra, 33, Chicago Convention.Google Scholar
  21. 1.
    Article 11 Subject to the provisions of this Convention, the laws and regulations of a contracting State relating to the admission or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of all contracting States without distinction as to nationality, and shall be complied with by such aircraft upon entering or departing from or while within the territory of that State.Google Scholar
  22. 2.
  23. 3.
    Supra, Art. 33, Chicago Convention.Google Scholar
  24. 1.
    See pp. 25 and 26 2 See pp. 78 et seq.Google Scholar
  25. 1.
    See p. 115Google Scholar
  26. 1.
    See p. 116Google Scholar
  27. 2.
    See ICAO L.C. Working Draft 395 15/5/53.Google Scholar
  28. 3.
    See p. 117Google Scholar
  29. 4.
  30. 1.
    Stanesco, “La Responsabilité dans la Navigation Aérienne,” Paris, Les Editions Internationales, 1951.Google Scholar
  31. 2.
    Article 38 Any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to the International Civil Aviation Organization of the differences between its own practice and that established by the international standard. In the case of amendments to international standards, any State which does not make the appropriate amendments to its own regulations or practices shall give notice to the Council within sixty days of the adoption of the amendment to the international standard, or indicate the action which it proposes to take. In any such case, the Council shall make immediate notification to all other states of the difference which exists between one or more features of an international standard and the corresponding national practice of that State.Google Scholar
  32. 1.
    American Aviation Daily, April 28, 1953.Google Scholar
  33. 2.
    Saporta, “Crise de Croissance du Droit International Aérien,” R.G.A. 1955, No. 2.Google Scholar
  34. 1.
  35. 1.
    Drion, “The council of ICAO as international legislator over the high seas.” (See also p. 161).Google Scholar
  36. 1.
    Including Belgium, France, Italy, Mexico, Spain.Google Scholar
  37. 1.
    Belgium, Law of June 1937 (see p. 169).Google Scholar
  38. 2.
  39. 3.
    See p. 115 et seq. 4 See pp. 117 and 119Google Scholar
  40. 1.
    See treaty of March 28, 1925, between the Netherlands and Belgium.Google Scholar
  41. 1.
    Drion, Rechtsgeleerd Magazijn Themis, 1954, p. 89.Google Scholar

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© Springer Science + Business Media B.V. 1956

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