1. THE CONVENTION OF CHICAGO
BDT AIR LAW

2. INTRODUCTION
Example:
Aircraft of one state could over-fly the airspace of another
Common set of standards for navigation so that aircraft could use the same procedures
After WW II, aviation was going to play a major part on economies of all nations; BUT only if the usual barriers to growth could somehow be overcome.
November,1944, US convened a conference in Chicago
Delegates from 52 nations attended with the declared purpose to:
“foster the future development of international civil aviation, to help to create and preserve friendship and understanding amongst the peoples of the world, so as to prevent its abuse becoming a threat to the general security”.

3. CHICAGO CONVENTION
The outcome of the convention was a document known as the Convention on International Civil Aviation - commonly referred to as the “1944 Chicago Convention”.
The document comprised 96 articles which:
laid the foundation for modern international aviation
gave authority to establish ICAO
ICAO responsibility:
administering the principles of the convention
putting into practice the rules and regulations that would underline the

4. CHICAGO CONVENTION Public International Law Private International Law
One of the key principles of the convention is that each state must create its own national legislation which puts into national law the standards laid down by ICAO.
Binds states to agreements
The Chicago Convention, Geneva Convention etc.
Public International Law
States agree on where an individual’s case can be heard; and whose law will apply to it
Tokyo Convention governing unlawful acts
Private International Law
Imposed with legal force by a higher body, on one or more states
The laws made by the EU
Supranational Law

5. CHICAGO CONVENTION
The Convention culminated in a formal document which outlined the methods and structures for regulating and standardising international aviation.
The Document is supported by 19 annexes which detail Standards and Recommended Practices covering all aspects of aviation
96 Articles
19 Annexes

6. THE 96 ARTICLE CHICAGO CONVENTION
Establish the privileges and restrictions of all Contracting State
Provide for the adoption of International Standards and Recommended Practices regulating air navigation
Recommend the installation of navigation facilities by Contracting States
Suggest the facilitation of air transport by the reduction of customs and immigration formalities

7. CHICAGO CONVENTION PART TOPIC I AIR NAVIGATION II
THE INTERNATIONAL CIVIL AVIATION ORGANISATION
III
INTERNATIONAL AIR TRANSPORT IV
FINAL PROVISIONS

8. CHAPTER I: GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION
PART 1:AIR NAVIGATION
CHAPTER I: GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION
Article 1: Sovereignty
Every state has complete and exclusive sovereignty over the airspace above its territory.
Article 2: Territory
Every state’ territory is the land areas and territorial waters.
Article 3: Civil and state aircraft
Applicable only to civil aircraft, and shall not be applicable to state aircraft (military, customs and police services).
Article 3: Misuse of civil aviation
Each state agrees not to use civil aviation for any purpose inconsistent with the aims of the Convention

9. CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
PART 1:AIR NAVIGATION
CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
Article 5: Right of non-scheduled flight
Each state agrees that other states’ aircraft have the right to make non- schedule flight without prior permission.
Article 6: Scheduled air services
No scheduled international air service can operate over or into the territory of other state without permission.
Article 8: Pilotless aircraft
No aircraft shall be flown without a pilot over the territory of another contracting state without special authorization.

10. CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
PART 1:AIR NAVIGATION
CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
Article 9: Prohibited area
For reasons of military necessity or public safety, the state may restrict or prohibit other States aircraft from flying over certain areas of its territory.
Each State reserves the right (expect for emergency or safety) temporarily restrict or prohibit flying over the whole or any part of its territory
Each State may require any aircraft entering the restricted or prohibited areas to land at some designated airport within its territory.

11. CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
PART 1:AIR NAVIGATION
CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
Article 10: Landing at customs airport
Every state may require aircraft which enters its territory to land to custom airport for customs and other examination unless the flight has permission to cross the territory.
On departure, such aircraft will depart from a similarly designated customs airport.
Article 10: Applicability of air regulations
Any aircraft regardless of its nationality shall obey the laws, regulations and operational procedures of a particular State in which it’s flying.

12. CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
PART 1:AIR NAVIGATION
CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
Article 12: Rules of the air
Each state shall ensure that every aircraft flying within its territory comply with the rules of air.
Each state must keep its own regulations align with the Convention.
Over the high seas, the rules in force shall be those established under this Convention.
Each state must ensure the prosecution of all persons violating the regulations

13. CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
PART 1:AIR NAVIGATION
CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
Article 14: Prevention of spread of disease
Each State must prevent the spread by means of air navigation of diseases and will consult the agencies relating to sanitary measures applicable to aircraft.
Article 15: Airport and similar charges
Any charges imposed by a State for the use of such airports and air navigation facilities shall be published and communicated to ICAO

14. CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
PART 1:AIR NAVIGATION
CHAPTER II: FLIGHT OVER TERRITORY OF A COUNTRY
Article 16: Search of aircraft
The appropriate authorities of each of the contracting States shall have the right
to search aircraft of the other contracting States on landing or departure, and
to inspect the certificates and other documents prescribed by this Convention

15. CHAPTER III: NATIONALITY OF AIRCRAFT
PART 1:AIR NAVIGATION
CHAPTER III: NATIONALITY OF AIRCRAFT
Article 17: Nationality of aircraft
Aircraft have the nationality of the State in which they are registered
Article 18: Dual registration
An aircraft cannot be validly registered in more than one State, but its registration may be changed from one State to another
Article 19: National laws governing registration
The registration or transfer of registration in any other State shall must follow the State’s law and regulations.

16. CHAPTER III: NATIONALITY OF AIRCRAFT
PART 1:AIR NAVIGATION
CHAPTER III: NATIONALITY OF AIRCRAFT
Article 20: Display of marks
Every aircraft operating internationally must display its appropriate nationality and registration marks.

17. CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
PART 1:AIR NAVIGATION
CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
Article 22: Facilitation of formalities
Each State shall facilitate flights between the territories of contracting States, and prevent delays to those flight especially immigration, quarantine, customs and clearance.
Article 23: Customs and immigration procedures
Each State shall establish customs and immigration procedures in accordance with international practice.

18. CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
PART 1:AIR NAVIGATION
CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
Article 24: Customs duty
Aircraft entering another State’ territory shall be admitted temporarily free of duty.
Fuel, lubricating oils, spare parts, regular equipment that are on board on arrival and retained on board on departure shall be exempt from customs duty. This is not apply to anything that is unloaded from the aircraft.
Spare parts and equipment imported into a State for use on operation shall be admitted free of customs duty

19. CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
PART 1:AIR NAVIGATION
CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
Article 25: Aircraft in distress
Each State shall assist aircraft in distress and permit owners of the aircraft and that State in which the aircraft is registered to assist as appropriate.
Article 26: Investigation of accidents
Accident occur between one state to another state and involve death, injury, or technical defect, the State in which the accident occurs will carry out inquiry in accordance ICAO procedure.
The State in which the aircraft is registered can observe.

20. CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
PART 1:AIR NAVIGATION
CHAPTER IV: MEASURES TO FACILITATE AIR NAVIGATION
Article 28: Air navigation facilities and standard systems
Each state shall facilitate international aviation by:
Providing radio services, meteorological services and other air navigation facilities
Operating standard systems of communications procedure, codes, markings, signals, and lighting.
Collaborate internationally on publication of aeronautical maps and charts

21. CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
PART 1:AIR NAVIGATION
CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 29: Documents carried in aircraft
Aircraft flying internationally shall carry the following documents:
certificate of registration
certificate of airworthiness
appropriate licenses for each member of the crew
journey log book
appropriate radio licenses
If it carries passengers, a list of their names and places of embarkation and destination
If it carries cargo, a manifest and detailed declarations of the cargo

22. CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
PART 1:AIR NAVIGATION
CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 30: Aircraft radio equipment
Aircraft operating in other State shall carry radio transmitting equipment only if is licenses by the State in which the aircraft is registered.
Radio transmitting equipment may be used only by members of the flight crew who have license issued by the State in which the aircraft is registered
Article 31: Certificates of airworthiness
Every aircraft shall be provided with a certificate of airworthiness issued by the State in is registered

23. CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
PART 1:AIR NAVIGATION
CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 32: Licenses of personnel
The pilot and crew shall be hold licenses issued by the State in which the aircraft is registered.
Each State reserves the right to refuse to recognize the licenses granted by another State.
Article 33: Recognition of certificates and licenses
Certificates and licenses issued by the State in which the aircraft is registered, shall be recognized by other States if it meet with ICOA standard.

24. CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
PART 1:AIR NAVIGATION
CHAPTER V: CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT
Article 34: Journey log books
All aircraft shall maintain a journey log book in which shall be entered particulars of the aircraft, its crew and of each journey, in accordance of ICAO standard.
Article 35: Cargo restrictions
Weapon of munitions may be carried in or above a State’s the territory except by permission of that State.
State reserves the right, for reasons of public order and safety to prohibit the carriage of these items.

25. CHAPTER VI: INTERNATIONAL STANDARDS & RECOMMENDED PRACTICES
PART 1:AIR NAVIGATION
CHAPTER VI: INTERNATIONAL STANDARDS & RECOMMENDED PRACTICES
Article 37: Adoption of international standards and procedures
Each state undertakes to implement uniformity in aviation regulation, standards and procedures.
ICAO shall adopt & amend international standard and practices in matters as:
Communications systems and air navigation aids, including ground marking
Characteristics of airports and landing areas
Rules of the air and air traffic control practices
Licensing of operating and mechanical personnel
Airworthiness of aircraft
Aircraft registration and identification
Collection and exchange of meteorological information
Log books
Aeronautical maps and charts
Customs and immigration procedures
Aircraft in distress and accident investigation

26. CHAPTER VI: INTERNATIONAL STANDARDS & RECOMMENDED PRACTICES
PART 1:AIR NAVIGATION
CHAPTER VI: INTERNATIONAL STANDARDS & RECOMMENDED PRACTICES
Article 38: Departures from international standards and procedures
Any State which finds it’s impracticable to comply or wants to bring its own regulations or practices shall give immediate notification to ICAO of the differences between its own practice and that established.
Article 39: Endorsement of certificates and licenses
Aircraft that failed to meet any airworthiness international standard shall documented the failure.
Crew license holder who failed to satisfies international standard condition shall have that failure in the license.

27. CHAPTER VI: INTERNATIONAL STANDARDS & RECOMMENDED PRACTICES
PART 1:AIR NAVIGATION
CHAPTER VI: INTERNATIONAL STANDARDS & RECOMMENDED PRACTICES
Article 40: Validity of endorsed certificates and licenses
Aircraft and crew may operate internationally only if their certificate or license permit it.
The registration or use of any such aircraft, or of any certificated aircraft part, in any State other than that in which it was originally certificated shall be at the discretion of the State into which the aircraft or part is imported.

28. CHAPTER VII: THE ORGANIZATION
PART 2: ICAO
CHAPTER VII: THE ORGANIZATION
Article 43: Name and composition
An organization to be named the International Civil Aviation Organization is formed by the Convention.
It is made up of an Assembly, a Council, and such other bodies as may be necessary.

29. CHAPTER VII: THE ORGANIZATION
PART 2: ICAO
CHAPTER VII: THE ORGANIZATION
Article 44: Objectives
CAO aims to are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to:
Ensure the safe and orderly growth of international civil aviation throughout the world
Encourage aircraft design and operation for peaceful purposes
Encourage the development of airways, airports, and air navigation facilities for international civil aviation
Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport
Prevent economic waste caused by unreasonable competition

30. CHAPTER VII: THE ORGANIZATION
PART 2: ICAO
CHAPTER VII: THE ORGANIZATION
Article 44: Objectives
Ensure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines
Avoid discrimination between contracting States
Promote safety of flight in international air navigation
Promote generally the development of all aspects of international civil aeronautics
Article 44: Legal capacity
Each state shall grant to ICAO such legal capacity as may be necessary for the performance of its functions.

31. THE STRUCTURE OF ICAO
ICAO comprises an Assembly, a Council with various subordinate bodies, and a Secretariat
The chief officers are the Council President and the Secretary General
The Assembly
Composed of representatives from all Contracting States.
191 members and meet every 3 years
Has numerous powers and duties: elect the Member States to represent the Council; examine and take appropriate action on the reports of the Council and decide any matter reported to it by the Council; and approve the budgets of the Organization

32. THE STRUCTURE OF ICAO The Council
A permanent body responsible to the Assembly, composed of 36 Member States elected by the Assembly for a 3 year term.
Function:
Submit annual reports to the Assembly
carry out the directions of the Assembly;
Discharge the duties and obligations which are laid on it by the Convention
Administers the finances of ICAO
Appoints and defines the duties of subordinates committee
Dr. Olumuyiwa Benard Aliu (Nigeria)
President of the Council

33. THE STRUCTURE OF ICAO The Council State 2016-2019
The following States were elected from the 191 Member States during the 2016 ICAO Assembly.
​States of chief importance in air transport
Australia, Brazil, Canada, China, France, Germany, Italy, Japan, Russian Federation, United Kingdom and the United States.
States which make the largest contribution to the provision of facilities for international civil air navigation
Argentina, Colombia, Egypt, India, Ireland, Mexico, Nigeria, Saudi Arabia, Singapore, South Africa, Spain and Sweden
States ensuring geographic representation
Algeria, Cabo Verde, Congo, Cuba, Ecuador, Kenya, Malaysia, Panama, Korea, Turkey, United Arab Emirates, United Republic of Tanzania, and Uruguay*.

34. THE STRUCTURE OF ICAO The Secretariat
Headed by the Secretary General (is considered as the Chief Executive Officer of the ICAO)
Consists of five bureaus:
Air Navigation Bureau
Air Transport Bureau
Technical Co-operation Bureau
The Legal Affairs and External Relations Bureau
Administration and Services Bureau.
Dr. Fang Liu
(China)
Secretary General

35. THE STRUCTURE OF ICAO

36. OTHER INTERNATIONAL AGREEMENT
The International Air Services Transit Agreement
One of the two supplementary agreements in the Convention.
It allows aircraft of any State to fly over or to land for technical reasons in the territory of any other State (1st and 2nd freedoms).
First Freedom: The right of aircraft from State A to overfly State B without landing.
Second Freedom: The right of aircraft from State A to land in State B for technical reasons.

37. OTHER INTERNATIONAL AGREEMENT
The International Air Transport Agreement
One of the two supplementary agreements in the Convention.
It goes further, allowing the carriage of traffic between the State where the aircraft is registered and any other State
Third Freedom: The right of aircraft from State A to accept paying traffic from State A and put it down in State B
Fourth Freedom: The right of aircraft from State A to pick up paying traffic in State B and put it down in State A.
Fifth Freedom: The right of aircraft from State A to take paying traffic from State B to State C

38. OTHER INTERNATIONAL AGREEMENT
The International Air Transport Agreement

39. MCAR 1996
As a contracting state, Malaysia ratifies the Chicago Convention by the Laws of Malaysia, Civil Aviation Act (Amendment) which extends the Government control on civil aviation activities and is the law of the land.
The regulations prescribed under the Act are found in Malaysian Civil Aviation Regulations (MCAR) 1996 enacted on 1st April, (Adopted from CAA 1969)
The conduct of civil aviation in Malaysia falls under the jurisdiction of the Ministry of Transport.
The Ministry of Transport has delegated its powers to the DCAM.
A Director General (DGCA) who reports to the Minister of Transport heads the DCA.
Dato’ Sri Azharuddin Abdul Rahman
Director General of Civil Aviation
Consist 16 part , 204 regulations and 16 schedules.

40. MCAR 1996 Part Section Page Part Section Page I Preliminary 1987~2000II
Registration and marking of aircraft
2000~2005
III
Licensing of air services
2005~2011 IV
Air operators certificate
2011 V
Airworthiness and equipment of aircraft
2011~2026 VI
Aircraft crew and licensing
2026~2036
VII
Operation of Aircraft
2036~2064
VIII
Fatigue of crew
2064~2066 IX
Documents and records
2066~2070
Part
Section
Page X
Control of air traffic
2070~2076 XI
Aerodrome , aeronautical lights and radio station
2077~2104
XII
Investigation of accidents
2095~2113
XIII
Detention and sale of aircraft
2105~2111
XIV
Aircraft mortgages
2111~2112 XV
Landing, parking and housing , passenger service and air navigation facility charges
2113~2117
XVI
General
2117~2125

41. AERONAUTICAL INFORMATION PUBLICATION (AIP)
In aviation, AIP is a publication issued by or with the authority of a State which contains aeronautical information essential to air navigation.
Malaysia AIP (issued by DCAM) is in reference with ICAO Annex Aeronautical Information Services)
Contains details of regulations, procedures and other information pertinent to the operation of aircraft.
The structure and contents of the document are standardised by international agreement through ICAO

42. AERONAUTICAL INFORMATION PUBLICATION (AIP)
AIPs normally have three parts
GEN (general)
ENR (en route)
AD (aerodromes).

43. AERONAUTICAL INFORMATION PUBLICATION (AIP)
AIPs are kept up-to-date by regular revision on a fixed cycle.
These changes are received well in advance so that users of the aeronautical data can update their flight management systems (FMS).
Effective 10 Nov 2016, Malaysia has published an electronic AIP (eAIP)
Is accessible in : ( eAIP/ /html/index- en-MS.html)