Chicago Convention on International Civil Aviation

Show Law Preamble
  • Whereas the development of international civil aviation in the future can greatly assist in fostering and maintaining friendship and understanding among the nations and peoples of the world, while its misuse can pose a threat to public security.

  • And whereas it is desirable to avoid disputes between nations and peoples and to promote cooperation among them, which is essential for world peace.

  • Therefore, the governments signed below have agreed on certain principles and arrangements that ensure the safe and orderly development of international civil aviation, and achieve the establishment of air transport lines on the basis of equal opportunities and their economic and sound investment.

  • This Agreement has been concluded to achieve these purposes.

Chapter 1: Air Navigation

Article 3: Civil Aircraft and State Aircraft

  • (a) This Agreement applies only to civil aircraft and does not apply to state aircraft.

  • (b) State aircraft include those used for military, customs, or police services.

  • (c) No state aircraft belonging to a contracting state may fly over the territory of another state or land therein unless it has obtained a License for that purpose through a special agreement or otherwise, and in accordance with the conditions of that License.

  • (d) The contracting states undertake, when issuing regulations concerning their state aircraft, to take into account the safety of air navigation for civil aircraft.

Article 3 bis

  • (a) The contracting states acknowledge that each state must refrain from resorting to the use of weapons against civil aircraft while in flight, and that, in the event of an interception, the lives of persons on board the aircraft and the safety of the aircraft must not be endangered. This judgment shall not be interpreted as modifying in any way the rights and obligations of states as stipulated in the Charter of the United Nations.

  • (b) The contracting states acknowledge that each state has the right, in exercising its sovereignty, to require any civil aircraft flying over its territory without authorization, or if there are reasonable grounds to conclude that the aircraft is being used for purposes inconsistent with the objectives of this agreement, to land at a specified airport. The state may also issue any other instructions to that aircraft to put an end to such violations. For this purpose, the contracting states may resort to any appropriate means consistent with the relevant rules of international law, including the relevant provisions of this agreement, specifically paragraph (a) of this article, and each contracting state agrees to publish its applicable regulations regarding the interception of civil aircraft.

  • (c) Every civil aircraft shall comply with any order issued in accordance with paragraph (b) of this article. For this purpose, each contracting state shall incorporate all necessary provisions in its laws or national regulations to make this compliance mandatory for any civil aircraft registered in that state or operated by an operator whose principal place of business or permanent residence is in that state. Each contracting state shall impose severe penalties for any violation of those laws or regulations and refer the case to its competent authorities in accordance with its laws or regulations.

  • (d) Each contracting state shall take appropriate measures to prohibit the intentional use of any civil aircraft registered in that state or operated by an operator whose principal place of business or permanent residence is in that state for any purpose inconsistent with the objectives of this agreement. This judgment does not affect paragraph (a) or contravene the provisions of paragraphs (b) and (c) of this article.

Article 5: Right of Irregular Aviation

  • Each contracting state agrees that all aircraft of the other contracting states not used in regular international air services have the right, subject to the provisions of this Agreement, to fly over its territory or to transit without landing, or to land therein for non-commercial purposes without the need to obtain prior authorization, while the state over which the flight occurs retains the right to require landing; however, each contracting state, for reasons related to aviation safety, reserves the right to require aircraft wishing to fly over inaccessible areas or areas lacking adequate air navigation facilities to follow designated routes or to obtain special permission for such flights.

  • If the aforementioned aircraft are used for the transport of passengers, cargo, or mail for hire or under a lease agreement other than regular international air services, they also have the privilege of taking on or discharging passengers, cargo, or mail, provided that the provisions of Article Seven are observed, while the state in which the taking on or discharging occurs retains the right to impose what it deems appropriate in terms of regulations, conditions, or restrictions.

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