HISTORY OF CHICAGO CONVENTION
The second world war proved to be a powerful wave for the developments of aeroplanes. During this period a vast network was organized for the passengers and freight. Gradually a lot of political and technical hinderances started evolving. Seeing this United States initiated several studies and as a result sent invitation to fifty-five states to attend the International Civil Aviation Conference in Chicago in 1944. The main agenda to send an invitation was to set up an establishment regarding international air routes and services for a free operation. A definitive action was proposed based on the practical experience gained over a period of time.
THE CHICAGO CONVENTION OF 1944
The International Civil Aviation convention was held in Chicago on 7th December, 1944 and fifty countries became the signatory of The International Civil Aviation. The main of this convention is to regulate and maintain air travel activities. The document explains that every state is free to carry aviation activities over its territorial area and the territorial area would be the land areas and the water that is adjacent to that land. It further states that this convention is limited to civil aircraft and not applicable to state aircraft.
The Preamble of the Convention on International Civil Aviation Signed at Chicago elaborates that, The development of International Civil Aviation Act is created to help and preserve friendship and understanding among the nations and citizens of the world. It aims to promote co-operation between the Nations and Citizens of the world for overall peace. It is established in such a manner that it provides equality of opportunity in safe and orderly manner in which the international; air transport services can operate.
WHAT ALL MUST KNOW!
Article 1 of the convention states that “ the contracting states recognize that every state has complete and exclusive sovereignty over the airspace above it’s territory”. Further Article 2 explains that territory of state shall be the land areas and territorial waters adjacent thereto
Article 9 states that any state may for the reason of military necessity or public safety, restrict or prohibit the aircraft of other states from flying over certain areas of its territory. According to the mandates it is also stated that each contracting state also reserves the right in exceptional circumstances or during the period of emergency or in public interest and safety may temporarily restrict or prohibit flying over the whole or any part of its territory, on condition that such prohibitions or restrictions shall be applicable without distinction of nationality to aircraft of all other states.
Article 16 tells that all the states and their respective appropriate authorities shall have the right without any unreasonable delay to search for the aircraft of other contracting states on landing or departure and it also gives a right to inspect the certificates and other documents prescribed by the convention.
Article 40 states that without having certified certificates and licenses, no aircraft shall be endorsed to participate in international navigation except with the permission of the state or states whose territory is entered.
OBJECTIVE AND GOAL
The main aim of introducing Civil Aviation was to promote the international safety and development of all the Nation in all respects with due peace and understanding. By setting up a common umbrella of rules it aims to encourage all the operations smoothly, safely, efficiently and most important economically. It was very necessary after the world war I to give every state fair opportunity of operation without any disparities and discriminations in international air navigation.
A lot of countries have come a lot forward with the help of the Chicago Convention of 1944 which is also known as Magna Carta of Air Law, Canada has been successfully created exclusion zones above the prisons in its country to halt the escape of prisoners and prevent the risk of escaping.
Through continuous development and evolvement, the field of air navigation is progressing with the gradual development in technology. The rules made in Chicago Convention is the dire need of the world to protect each country’s personal interest as well as international interest of the world at large. It is not only a means to protect the interest of affairs of the different countries but it is the essence of world peace, world safety and world security!
Every citizen is an integral person of its country but at same is a part of the world, therefore in order to grow further, every country, every citizen plays a huge role in National- International relationships and Chicago Convention, 1944 has proved to be an example of how important adherence of rules is for every country to join hands and minds to move forward.