The Chicago Convention (1944)
The Convention on International Civil Aviation, also called the Chicago Convention, is the founding treaty of international air law. Signed on 7 December 1944 in Chicago.
General (ICAO)
Founding of ICAO
The Chicago Convention founded the ICAO:
- ICAO = International Civil Aviation Organization.
- Seat: Montreal, Canada.
- Mission: worldwide harmonisation of civil aviation.
- Today 193 member states.
Task of ICAO
The ICAO creates guidelines and recommendations for international civil aviation, which shall be transferred to national law and applied by the member states for safety and standardisation of civil aviation:
- SARPs (Standards and Recommended Practices) in 19 Annexes.
- PANS (Procedures for Air Navigation Services) — operational procedures.
- Are transposed to national law by member states (unless explicit difference notified per Annex).
Sovereignty — law of overflown state
When flying over the territory of other member states, flight is conducted according to the rules of the air of those, whose terrain is overflown:
- Sovereignty of each state over its airspace (Art. 1 Chicago).
- Even with an ICAO-compliant licence, local rules apply.
- Example: a VFR pilot with a German licence in Spain flies under SERA + Spanish specifics.
The 19 Annexes (selection)
| Annex | Topic |
|---|---|
| 1 | Personnel Licensing |
| 2 | Rules of the Air |
| 3 | Meteorological Service |
| 6 | Operation of Aircraft |
| 7 | Aircraft Nationality and Registration |
| 8 | Airworthiness of Aircraft |
| 11 | Air Traffic Services |
| 12 | Search and Rescue |
| 13 | Aircraft Accident Investigation |
| 14 | Aerodromes |
| 15 | Aeronautical Information Services |
| 17 | Security |
| 19 | Safety Management |
Five Freedoms of the Air
See lesson "Five Freedoms of the Air" — technical and commercial traffic rights.
Europe (EASA / EU)
In Europe the ICAO annexes are implemented primarily through EU regulations:
- Reg (EU) 2018/1139 Basic Regulation — EASA mandate.
- Reg (EU) 923/2012 (SERA) — Standardised European Rules of the Air (equivalent to Annex 2).
- Reg (EU) 965/2012 (Air OPS) — Part-CAT, Part-NCC, Part-NCO, Part-SPA, Part-SPO.
- Reg (EU) 1178/2011 (Aircrew) — Part-FCL, Part-MED.
- Reg (EU) 748/2012 (Part-21) — Airworthiness.
- Reg (EU) 1321/2014 (Part-M, Part-145) — Continuing Airworthiness.
Member states may only issue national deviations in a narrow scope.
Germany (national)
In Germany the ICAO Convention is implemented through the Luftverkehrsgesetz (LuftVG) and the Luftverkehrs-Ordnung (LuftVO). See lesson "National Law — Germany" for details.
Convention on International Civil Aviation* (9th ed., 2006); ICAO Annexes 1-19; EUR-Lex (EU regulations 2018/1139, 923/2012, 965/2012, 1178/2011); LuftVG.*