International Conventions From 1919 Onwards

International Conventions from 1919 onwards, Laws which these conventions lead to

Paris Convention 1919 • The technical developments in aviation arising out of World War. A special Aeronautical Commission, which had its origin in the Inter-Allied Aviation Committee created in 1917, was formed on 6 March 1919 under the auspices of the Peace Conference. In seven months and using the groundwork laid at the 1910 Paris Diplomatic Conference, this Aeronautical Commission drew up a Convention Relating to the Regulation of Aerial Navigation, which was signed by 27 States on 13 October 1919. • Article 1 of the Convention Stated "The High Contracting Parties recognise that every Power has complete and exclusive sovereignty over the airspace above its territory." Article 2 stated "Each contracting State undertakes in time of peace to accord freedom of innocent passage above its territory to the aircraft of the other contracting States, provided that the conditions laid down in the present Convention are observed.". • Paris meeting discussed the commercial control and regulation of air services, and various other social and economic aspects of air transportation. Thrust of Convention  Exclusive Soverignity over the air space.  Nationality of the Aircraft.  Rules of Airworthiness to be universalized.

 Rights of the state to take measures for safety of its people. Law which are Promulgated in India  Aircraft Act 1934 

This Law is amended 18 times till date.

Warsaw (1929) This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. Purposes of this Convention the expression "international carriage" means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention. Thrust of convention • Liability of the Air carrier to passengers and cargo. Law which are Promulgated in India

• Indian Carriage by Air act 1972. Chicago convention 1944 Near the end of World War II, the nature of the postwar airline industry began to concern the Western Allies. At the Chicago Convention on International Civil Aviation held in November– December, 1944, the United States advocated an “open skies” policy. Strongly opposed was Britain, which argued that freedom of the skies actually had five expressions. Thrust of convention • In this convention there was nine freedom of air introduced . • The establishment of ICAO by this convention. Law which are Promulgated in India • Practices recommended notified by central government in form of Rules. Tokyo convention 1963 (September 14, 1963) Formally called the Convention on Offenses and Certain Other Acts Committed on Board Aircraft. This Convention is concerned with insuring that when an offense has been committed onboard an aircraft, at least one state - that in which the aircraft is registered - will take jurisdiction over the suspected offender. The Convention also contains provisions relating to powers of the aircraft commander, duties of states, and extradition in the event of an offense. The United States deposited its instrument of ratification for the Tokyo Convention on September 5, 1969. Thrust of convention • It is concerned with the convention for offences committed on Board Aircraft. •

Tokyo convention Act 1975.

Hague Convention 1970 The Hague Convention on Taking Evidence Abroad in Civil or Commercial Matters governs discovery in United States litigation to some extent when a party or third party to the suit is a foreign entity. This Convention purports to resolve differences between liberal United States discovery rules and the more restrictive rules of foreign nations. The Hague Convention on Evidence also proposes to codify the manner and means by which depositions on notice and commission may be taken before consuls and court appointed commissioners. Other purposes include providing a means for securing evidence for the court where the action is pending and preserving favorable, less restrictive discovery practices when those are delineated in the laws, rules and procedures of individual countries or international treaties and conventions. Thrust of convention • It is related to Unlawful seizer • It is related to convention for supperession of unlawful seizer of Aircrafts • It leads to anti hijacking Act 1982. Montreal Convention 1971

Montreal, September 23, 1971) Formally called the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The Sabotage Convention goes beyond the Hijacking Convention by containing separate definitions of what constitutes an offense onboard aircraft, and specifying when that aircraft is “in service.” The Sabotage Convention places additional international legal obligations on states to act against a wider range of offenses involving aircraft. The United States ratified the Sabotage Convention on Nov. 1, 1972. On Feb. 24, 1988, an ICAO conference opened for signature a Protocol to amend the Montreal Convention of 1971. The Protocol provides for suppression of unlawful acts of violence at airports serving international civil aviation. A signatory to the Protocol, which finds an alleged perpetrator on its territory, must either take that person into custody for the purpose of prosecution, or proceed with extradition Thrust of convention • It is related to suppression of unlawful Acts against safety of Civil Aviation Act 1982.