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Behind and Beyond the Chicago Convention

The Evolution of Aerial Sovereignty

Edited by Pablo Mendes de Leon & Niall Buissing

The Convention on International Civil Aviation which was concluded in Chicago on 7 December 1944, commonly referred to as the Chicago Convention, is one of the most ratified multilateral agreements currently in force, with 193 States parties. In this deeply informative book celebrating its 75th birthday, thirty-three of the most distinguished authors in aviation law offer perspectives on the quality of the Convention’s achievements, which principally address the promotion of safety and security.

Emphasising the Convention’s flexibility in the accommodation of social and technological changes, the authors investigate such topics and issues as the following:

• environmental protection measures such as abatement of noise and reduction of the damaging effects of gaseous emissions;
• effect of new methods of communication such as Global Navigation Satellite Systems (GNSS);
• distinction between civil and State aircraft;
• economic regulation as established under air services agreements between States;
• cybersecurity measures;
• compensation for damages;
• liberalisation of air services;
• role of regional aviation organisations, in particular, that of the European Union;
• position of airlines, airports, and providers of air navigation services; and
• territorial jurisdiction with respect to areas lacking a universally accepted sovereign status.

Annexes include the original texts of the Paris Convention 1919 and the Chicago Convention 1944.

With its incisive perceptions put forward by distinguished aviation lawyers – including an exploration of the absolute character of sovereignty – this book is without peer in its analysis of how the Chicago Convention affects the regulation of international civil aviation and the operation of air services. Its multifaceted approach towards the current state of affairs from a legal and policy perspective will be welcomed by practitioners and law firms in the field and civil aviation authorities, as well as by academics and business persons with a stake in aviation.

Behind and Beyond the Chicago Convention