Nationality and Registration of Aircraft Operated by International Operating Agencies and Article 77 of the Convention on International Civil Aviation, 1944

Author(s):  
Gerald F. FitzGerald

The desire of many new states to have international air services of their own in an era of high-cost aircraft is imposing great pressure on traditional concepts of nationality and registration of aircraft. It has long been held that civil aircraft must have a nationality, that they must be registered in a state and that they must have the nationality of the state of registry. As the plan of the new states concerned is to have the international air services in question furnished through international operating agencies established by them and owning aircraft registered on other than a national basis, it is not surprising that this plan is currently the object of serious study. In particular, the International Civil Aviation Organization (ICAO) has established a legal subcommittee to study problems of nationality and registration of aircraft of international operating agencies arising in relation to the application of Article 77 of the Convention on International Civil Aviation, opened for signature at Chicago on December 7, 1944.

1963 ◽  
Vol 17 (1) ◽  
pp. 273-276 ◽  

The Assembly of the International Civil Aviation Organization (ICAO) held its fourteenth session in Rome from August 21 through September 15, 1962, under the presidency of Dr. E. Ortona (Italy). The Assembly adopted measures to assure that the development and use of supersonic civil aircraft would not be detrimental either to the public or to international civil aviation. The ICAO Council was to work toward international agreement on the operational characteristics of critical importance in insuring that supersonic aircraft could fit into the same environment as subsonic aircraft, and also on the problems of noise near airfields, sonic boom, and radiation hazards. A second object of Council concern would be the assessment of the operating requirements of the supersonic aircraft, so that international agreement could also be reached on the ground facilities and services required and the places where these would have to be installed.


1953 ◽  
Vol 7 (2) ◽  
pp. 270-272

A special session of the Council of the International Civil Aviation Organization opened in Montreal, January 13, 1953, to give further consideration to the dispute between India and Pakistan over air routes between India and Afghanistan. The working group composed of representatives of Belgium, Brazil, Canada, Denmark and Mexico which had been appointed at the seventh session of the Council, began meeting on November 19 and recommended that negotiations between the disputants be continued. On January 19, 1953, the President of the Council (Warner) announced the amicable settlement of the dispute by an agreement which would permit Indian civil aircraft to fly over Pakistani territory to Kabul, Afghanistan, through two 20-mile wide corridors without having to follow the lengthy detour previously necessary. The government of Pakistan also agreed to permit the export of sufficient fuel to Afghanistan by overland routes through Pakistan to permit Indian aircraft to refuel there.


2021 ◽  
Vol 1 (10) ◽  
pp. 79-83
Author(s):  
N. Borisocheva ◽  

Based on the analysis of the current legislation, the system of subjects of interaction with the State Aviation Service has been determined. These include: the Ministry of Infrastructure of Ukraine (functional ministry), which includes the State Enterprise of Air Traffic Services of Ukraine, the State Enterprise of Air Traffic Services of Ukraine, the National Bureau for Investigation of Aviation Incidents and Incidents with Civil Aircraft, the State Aviation Regulation Department of Ukraine - bodies implementing state policy in civil aviation and the use of Ukrainian airspace. The following features inherent in the subjects of public administration in the field of aviation and the use of airspace of Ukraine: 1) the subject of public administration are both the executive branch and bodies that do not have such a status were endowed with the appropriate powers; 2) orderliness of the activities of all state subjects of regulation of the aviation industry in accordance with a single goal and strategic objectives, which are simultaneously synchronized with the main vector of development of the state. Among such general directions of development we can single out - European integration, economic strengthening of Ukraine, ensuring national security and defense; 3) the broad profile of the activity of state subjects of regulation is due to the fact that aviation is an integral part of the transport sector of the state; 4) taking into account, in carrying out regulatory activities, a large number of international standards, rules and requirements, which in turn implies the ability of the subjects of state regulation to actively work closely with foreign organizations; 5) the ability to integrate, ie integrated perception of the aviation industry and the use of airspace of Ukraine, which is technologically complex, is not limited to air transport, also includes production, repair and modernization, training, economic, land and other legal issues. 6) exclusion of commercial interests in the implementation of regulatory activities by state entities, while streamlining such activities in accordance with the economic interests of the state. It is noted that the field of aviation and the use of Ukrainian airspace is regulated by a large number of public administration entities, which form a complex and multilevel structure that does not benefit the development of this industry. Special emphasis should be placed on the different status of these bodies and the existence of duplicate powers in them. That is why today it is necessary to simplify the existing system as follows: 1. to ensure the independence of the State Aviation Service of Ukraine by obtaining a special status; 2. to subordinate to the State Aviation Service of Ukraine the National Bureau for Investigation of Aviation Incidents and Incidents with Civil Aircraft; 3. eliminate duplication of powers of public administration entities in this area.


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