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Aviation

3. International Conventions

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 21 Jun 2015

&3. International Conventionsmiddot;         The law established by international conventions is the key source of international aviation law and is usually made up of agreements between countries. In Australia a convention does not become part of our domestic law unless it has been adopted by legislation (written rules). This means that the Commonwealth may make laws so that the provisions of these conventions are enforceable in Australia.

·         The Convention on International Civil Aviation 1944 (Chicago Convention) is the underlying basis for the regulation of civil aviation. Key aspects of the Chicago Convention include:

o   recognition of the idea that every country has complete ownership over the airspace above its territory;

o   the rights of countries to fly over and land in the territory of other countries; and

o   the mandatory requirement for all aircraft to be registered.

·         The Chicago Convention applies to civil aircraft only. It does not apply to aircraft owned by the government of a country.

·         Parts of the Chicago Convention imply that countries are expected to apply its rules domestically.

·         Further parts of the convention were changed in response to the security challenges of 11 September 2001. This means that countries are expected to implement a range of security measures domestically.

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