Convention On International Civil Aviation (Chicago Convention), 1944. The Convention on Offences and Certain Other AcCommitted On Board Aircraft (commonly called the Tokyo Convention), 1963.

1. Md. Zubair Kasem Khan
LL.B (Hons), MCL
International Islamic University
Malaysia
AIR SPACE LAW

2. Outlines…
 Convention On International Civil Aviation (Chicago
Convention), 1944.
 The Convention on Offences and Certain Other Acts
Committed On Board Aircraft (commonly called the Tokyo
Convention), 1963.

3. Introduction
The invention of the Balloon and Airplane made it
necessary to clarify the rights of the States in the air above their
territory. Moreover, the rapid increase in the number of crimes
committed in airways makes the notions becomes afraid,
especially in the outbreak of the World War- I.
Out of this inclination, the Convention On International Civil
Aviation (Chicago Convention), was adopted on the 7th Day of
December, 1944 in order that international civil aviation may be
developed in a safe and orderly manner and that international air
transport services may be established on the basis of equality of
opportunity and operated soundly and economically.

4. Chicago Convention, 1944
Some significant achievements of this convention includes-
Article 1 & 2: Sovereignty
Every state has complete and exclusive sovereignty over airspace
above its territory (i.e. the land areas and territorial waters
adjacent thereto under the sovereignty).
Article 3 bis:
Every State must refrain from resorting to the use of weapons
against civil aircraft in flight.

5. Article 6 & 7:
No scheduled international air service may be operated over or into the
territory of a contracting State, except with the special permission or
other authorization of that State. However, still a group of concepts
emerged from the Chicago Conference that became known as the “Five
Freedoms Of The Air”:
1) The privilege of flying over the territory of another State without
landing;
2) The privilege of landing in another State for technical reasons
only (i.e. refueling);
3) The privilege of landing in another State to discharge passengers,
cargo or mail picked up in one’s own State;
4) The privilege of landing in another State to pick up passengers,
cargo or mail destined for one’s own State;
5) The privilege of landing in another State to pick up or discharge
passengers, cargo or mail from a third State.

6. Article 12:
Each state shall keep its own rules of the air as uniform as possible with
those established under the convention, the duty to ensure compliance
with these rules rests with the contracting state.
Article 13:
A state's laws and regulations regarding the admission and departure of
passengers, crew or cargo from aircraft shall be complied with on
arrival, upon departure and whilst within the territory of that state.
Article 14:
Each contracting State agrees to take effective measures to prevent the
spread by means of air navigation of cholera, typhus (epidemic),
smallpox, yellow fever, plague, and such other communicable diseases.

7. Article 16
The authorities of each state shall have the right to search the
aircraft of other states on landing or departure, without
unreasonable delay... and to inspect the certificates and other
documents prescribed by this Convention.
Article 17 & 20
Every Aircraft have the nationality of the State in which they are
registered… and shall bear its appropriate nationality and
registration marks while engaged in international air navigation.

8. Tokyo Convention), 1963
The Convention on Offences and Certain Other Acts
Committed On Board Aircraft, commonly called the Tokyo
Convention, is an international treaty, concluded at Tokyo on 14
September 1963. It entered into force on 4 December 1969, and as
of 2015 has been ratified by 186 parties.
The Convention is applicable to offences against penal law and to
any acts jeopardizing the safety of persons or property on board
civilian aircraft while in-flight and engaged in international air
navigation.

9. Article 3: Jurisdiction
The State of registration of the Aircraft is competent to exercise
jurisdiction over offences and acts committed on board.
Article 3: Criminal Jurisdiction of a Contracting State
A contracting State which is not the state of registration may not
interfere with an aircraft in flight in order to exercise its criminal
jurisdiction over an offence committed on board except in the following
cases:
(a) if the offence has effect on the territory of such State;
(b) if the offence has been committed by or against a national or
the permanent residence of such State;
(c) if the offence is against the national security of such State;

10. (d) if the offence consists of a breach of any rules and regulations
relating to the flight and maneuver of aircraft in force in such
State;
(e) if the exercise of jurisdiction is necessary to ensure the
observance of any obligation of such State under a multilateral
international agreement.
Article 6: Jurisdiction of an Aircraft Commander
The Convention recognizes certain powers and immunities of the
aircraft commander who on international flights, may restrain any
person(s), he has reasonable cause to believe is committing or is about
to commit an offence, liable to interfere with the safety of persons or
property on board or who is jeopardizing good order and discipline.