ICAO Air Law
ICAO Air Law
Air Law
Contents
 AL 01 – Introduction to ICAO
 AL 02 – Documentation
 AL 04 – Airspace
 AL 05 – Personnel Licensing
  AL 06 - Revision
AL01 – Introduction to ICAO
-2-                               ICAO AL 01                                                                                                          Contents
1 Contents
Table of Contents
1      Contents............................................................................................................................... 2
2      Learning Outcome ............................................................................................................... 3
                Performance Criteria ................................................................................................. 3
3      The International Commission for Air Navigation (ICAN) .................................................... 4
4      The Chicago Conference ...................................................................................................... 5
5      The International Civil Aviation Organization (ICAO) .......................................................... 6
6      Aims and Objectives ............................................................................................................ 7
7      Freedoms of the Air (Cabotage) .......................................................................................... 8
8      Structure of ICAO ................................................................................................................. 9
                Assembly.................................................................................................................... 9
                Council ....................................................................................................................... 9
                Secretary General and Secretariat .......................................................................... 10
                Air Navigation Bureau ............................................................................................. 10
9      International Standards and Practices............................................................................... 11
                Annexes ................................................................................................................... 12
10     Procedures for Air Navigation Services (PANS) ................................................................. 14
11     Relationship between SARPS and PANS ............................................................................ 15
12     SARPS – an example .......................................................................................................... 16
                Objectives of ATS ..................................................................................................... 16
                Filed Difference – an example ................................................................................. 16
13     Determination of the need for air traffic services ............................................................. 17
14     Revision.............................................................................................................................. 19
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                                               October 2015
Learning Outcome                                                          ICAO AL 01                -3-
2    Learning Outcome
Explain the organization of ICAO, its functions, structure and relevance to Air Traffic Services.
Performance Criteria
   1    Describe Air Law acronyms, namely ICAO, SARPS,
        and PANS
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-4-                       ICAO AL 01                       The International Commission for Air Navigation (ICAN)
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The Chicago Conference                                                  ICAO AL 01             -5-
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-6-                       ICAO AL 01                           The International Civil Aviation Organization (ICAO)
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Aims and Objectives                                                      ICAO AL 01             -7-
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-8-                       ICAO AL 01                                         Freedoms of the Air (Cabotage)
      The agreement thus established for the first time the principle
      of automatic right of transit and of emergency landing.
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Structure of ICAO                                                       ICAO AL 01             -9-
8    Structure of ICAO
Doc 7300 Part II Chapter VII
    The three main organs of ICAO are the assembly, the council           User Notes:
    with various subordinate bodies, and the secretariat headed
    by the Secretary General.
    Assembly
    Doc 7300 Part II Chapter VIII
    The Assembly, composed of representatives from all
    Contracting States, is the sovereign body of ICAO.
    Council
    Doc 7300 Part II Chapter IX
    The council is the permanent executive body of ICAO,
    composed of 36 member states elected by the assembly for
    three-year terms.
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- 10 -                    ICAO AL 01                                                  Structure of ICAO
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International Standards and Practices                                    ICAO AL 01            - 11 -
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- 12 -                    ICAO AL 01                                    International Standards and Practices
Annexes
   The various standards and recommendations (SARPS) that                 User Notes:
   have been adopted by ICAO are grouped into 19 Annexes to
   the Chicago Convention. The aim of most of the Annexes is
   to promote progress in flight safety, particularly by
   guaranteeing satisfactory minimum standards of training and
   safety procedures and by ensuring uniform international
   practices.
6. Operation of Aircraft.
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International Standards and Practices                                   ICAO AL 01         - 13 -
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- 14 -                    ICAO AL 01                                Procedures for Air Navigation Services (PANS)
     The manual that forms the basis for ATC is Document (Doc.)
     4444.
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Relationship between SARPS and PANS                                     ICAO AL 01            - 15 -
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- 16 -                    ICAO AL 01                                              SARPS – an example
12 SARPS – an example
Objectives of ATS
Annex 11 2.2                                                            User Notes:
The objectives of the air traffic services shall be to:
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Determination of the need for air traffic services                         ICAO AL 01            - 17 -
                                                                             User Notes:
    13 Determination of the need for air traffic services
    Annex 11 2.4
    The need for the provision of air traffic services shall be
    determined by consideration of the following:
For example:
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- 18 -                    ICAO AL 01                                Determination of the need for air traffic services
     As for any other form of transportation there will always be an            User Notes:
     inherent need to provide certain services to air traffic so that it
     can be conducted in a safe and orderly manner.
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Revision                                                                ICAO AL 01            - 19 -
14 Revision
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- 20 -                    ICAO AL 01                                      Revision
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    051 ATS Licensing Course
Air Law
    Supplementary Information
Table of Contents
    Chicago Convention
Chicago Convention ...................................................................................................................................... 5
    Preamble ................................................................................................................................................... 7
    Foreword................................................................................................................................................... 8
    Part 1 - Air Navigation ............................................................................................................................... 9
    Cabotage ................................................................................................................................................. 10
    Prohibited areas ...................................................................................................................................... 11
    Rules of the air ........................................................................................................................................ 12
    Aircraft in distress ................................................................................................................................... 12
    Air Navigation facilities and standard systems ....................................................................................... 13
    SARPs....................................................................................................................................................... 13
    SARPs - continued ................................................................................................................................... 14
    SARPs....................................................................................................................................................... 15
    Organisation............................................................................................................................................ 15
    Annexes ................................................................................................................................................... 17
    Definitions ............................................................................................................................................... 18
    Ratification .............................................................................................................................................. 19
      President Air Navigation Commission................................................................................................. 19
ICAO Secretary General (Secretariat) ......................................................................................................... 19
      Deputy Director, Air Navigation Bureau ............................................................................................. 19
o      Chief Air Traffic Management Section ................................................................................................ 19
      Regional Directors ............................................................................................................................... 19
Finance ........................................................................................................................................................ 19
ICAO ACTIVITIES ....................................................................................................................................... 20
Air Navigation ............................................................................................................................................. 20
Facilitation of International Air Transport .................................................................................................. 20
Regional Planning for Air Navigation .......................................................................................................... 21
Jointly Operated or Financed Services ........................................................................................................ 22
Technical Assistance ................................................................................................................................... 23
International Conventions Prepared Under ICAO ...................................................................................... 24
    The Tokyo Convention of 1963 ............................................................................................................... 24
    The Hague Convention of 1970 .............................................................................................................. 24
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                                             October 2015
   The Montreal Convention of 1971.......................................................................................................... 24
   The Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil
   Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of
   Civil Aviation ........................................................................................................................................... 25
   Regime and Liability of Air Carriers......................................................................................................... 25
       The Warsaw Convention of 1929 .......................................................................................25
b) Appendices ....................................................................................................................32
c) Definitions ......................................................................................................................32
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                                          October 2015
   2.— Material approved by the Council for publication in association with the standards and
   recommended practices (SARPS):........................................................................................................... 33
       a) Forewords ......................................................................................................................33
b) Introductions ..................................................................................................................33
c) Notes .............................................................................................................................33
d) Attachments ...................................................................................................................33
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                                        October 2015
Chicago Convention
Signed at Chicago on 7 th December 1944
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Preamble
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Foreword
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Part 1 - Air Navigation
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Cabotage
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Prohibited areas
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Rules of the air
Aircraft in distress
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Air Navigation facilities and standard systems
SARPs
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SARPs - continued
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SARPs
Organisation
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Annexes
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Definitions
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Ratification
Because the Chicago Convention was adopted in December 1944, ICAO possesses a
constitution older than the UN Charter itself. Countries were much slower in ratifying the
Chicago Convention, however, than they were in ratifying the UN Charter. For this reason, ICAO
did not come into being until 4 April 1947, 30 days after the convention had been ratified by the
required 26 states. Prior to this date, the Provisional International Civil Aviation Organization
(PICAO) was established as an interim body.
ICAO is a United Nations (UN) special agency: the UN is based in New York City and ICAO
headquarters are in Montreal.
Cooperation
ICAO works in close co-operation with other members of the United Nations family such as the
World Meteorological Organization, the International Telecommunication Union, the Universal
Postal Union, the World Health Organization and the International Maritime Organization.
Non-governmental organisations which also participate in ICAO's work include the International
Air Transport Association, the Airports Council International, the International Federation of Air
Line Pilots' Associations, the International Council of Aircraft Owner and Pilot Associations and
the Civil Air Navigation Services Organisation.
ICAO headquarters are at 999 University Street in the centre of Montreal, Quebec, occupying a
15-story tower with an adjoining complex offering complete conference facilities. ICAO
maintains regional offices in Paris, Bangkok, Cairo, Mexico City, Nairobi, Lima and Dakar to
assist member states in providing aeronautical services.
Key appointments
President ICAO Council
Finance
ICAO submits to the Assembly (Contracting States) its annual budgets, statements of accounts
and expenses and estimates of all receipts and expenditures. The assembly votes on the
budgets with such modifications as it deems necessary, and apportions the expenses among
the contracting states. Various programmes may be funded under separate arrangements.
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ICAO ACTIVITIES
Air Navigation
It is evident that air navigation covers an extremely broad spectrum of activities, ranging from
short take-off and landing airplanes to supersonic transports, from security questions to the
impact of aviation on the environment, from training and operating practices for pilots to the
facilities required at airports.
ICAO's program regarding the environment provides a case in point. Growing air traffic and
increased use of jet engines have heightened public awareness of the environmental impact of
civil aviation. In 1968, ICAO instituted activities aimed at reducing aircraft noise. The first
measures involved development of internationally agreed standards for the noise certification of
aircraft (contained in Vol. I of Annex 16 to the Chicago Convention), which resulted in a quieter
generation of jet aircraft.
Comparable studies of aviation's share in air pollution have resulted in the development of
standards (Vol. II of Annex 16) relating to the control of fuel venting and of smoke and gaseous
emissions from newly manufactured turbojet and turbofan engines for subsonic airplanes.
Concern about the continuing threat of violence against international civil aviation and its
facilities, including the unlawful seizure and the sabotage of aircraft, led to adoption by the
council of Annex 17 to the Chicago Convention, containing standards and recommended
practices aimed at safeguarding international civil aviation against acts of unlawful interference.
In addition, comprehensive guidance material on the subject has been developed. As part of its
continuing effort to improve air safety, ICAO has adopted standards for the safe transport of
dangerous goods by air. These form Annex 18 to the Chicago Convention. ICAO studies many
other important subjects, such as all-weather operations, supersonic operations, application of
space techniques to aviation, automated-data interchange systems, and visual aids.
ICAO has therefore developed, over the years, a comprehensive facilitation program that is
reflected in the international standards and recommended practices of Annex 9 to the Chicago
Convention, as well as in the recommendations and statements of the ICAO Council and the
Facilitation Division. Broadly speaking, the program aims at eliminating all nonessential
documentary requirements, simplifying and standardizing the remaining forms, providing certain
minimum facilities at international airports, and simplifying handling and clearance procedures.
The program is concerned with such measures as liberalization of visa requirements and entry
procedures for temporary visitors; the development of machine-readable passports and visas;
speedy handling and clearance procedures for cargo, mail, and baggage; and the elimination,
as far as possible, of requirements for documentation or examination in regard to transit traffic.
In addition to reducing procedural formalities, ICAO's efforts are aimed at providing adequate
airport terminal buildings for passengers and their baggage and for air cargo, with all related
facilities and services. Special attention is given to improving the accessibility of air transport to
elderly and disabled passengers. The continuous growth in air traffic makes it necessary for
airport administrations to review the adequacy of their facilities at regular intervals. When
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modifications in existing terminals or the building of new ones are contemplated, close
coordination and cooperation between planners and users must be established from the earliest
moment, even before any design is made. Proper airport traffic flow arrangements, with a
sufficient number of clearance channels, baggage delivery positions, and cargo handling
facilities, are necessary for the speedy processing of traffic through clearance control.
ICAO's regional offices are its principal agents in advising and assisting states in regard to
implementation. The offices direct as much of their resources as possible to giving practical
help, among other ways through frequent visits to states by members of the technical staff. In
addition, ICAO allots funds for long-duration advisory implementation missions to help member
countries overcome local deficiencies.
Shortcomings are taken up by the regional offices and the ICAO secretariat with the
governments concerned. More complex cases may require study by the Air Navigation
Commission and, if necessary, by the ICAO Council. The problem of eliminating deficiencies in
navigational services and facilities is one that ICAO considers critical.
The major difficulties are lack of funds for facilities and services, a shortage of trained
personnel, and administrative and organisational difficulties. ICAO has encouraged
governments to upgrade their facilities through loans for capital expenditures, technical
assistance, and other means. It also produces manuals and other documentation to assist
states in setting up aviation training programs for flight and ground personnel and offers advice
on maintenance and improvement of technical standards.
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Jointly Operated or Financed Services
Under the Chicago Convention, every ICAO member state is required to provide air navigation
facilities and services on its own territory. Navigational facilities and services must also be
provided for air routes traversing the high seas and regions of undetermined sovereignty. The
ICAO Council is constitutionally authorised at the request of a member state to "provide, man,
maintain, and administer any or all of the airports and other air navigation facilities, including
radio and meteorological services, required in its territory for the safe, regular, efficient, and
economical operation of the international air services of the other contracting states." The
council also may act on its own initiative to resolve a situation that might impair the "safe,
regular, efficient, and economical operation" of international air services. Although ICAO has
not yet undertaken the actual supervision of any nation's international air navigation facilities
and services, two international agreements are in effect to furnish such services and facilities in
parts of the North Atlantic region through so called "joint-support" programs.
Under these joint-support agreements, the nations concerned provide services, facilities, or
cash payments based on the use by their own aircraft of the routes involved. The two existing
agreements are the Agreement on the Joint Financing of Certain Air Navigation Services in
Greenland and the Faroe Islands and the Agreement on the Joint Financing of Certain Air
Navigation Services in Iceland.
The vast majority of aircraft that utilize the special traffic-control, navigational, and meteoro-
logical services furnished from Iceland and Greenland for transatlantic crossings are neither
Icelandic nor Danish. Hence, some 20 countries, including Iceland and Denmark, provide the
funds necessary for the operation of these services.
ICAO administers these two agreements, the Secretary General having certain responsibilities
and the ICAO Council having others. A special standing body, the Committee on Joint Support
of Air Navigation Services, advises the council in these matters. The operation and costs of the
services are constantly reviewed, and international conferences are held. In the early 1970s,
charges for the use of the aeronautical facilities and services were imposed on all civil aircraft
crossing the North Atlantic. These "user charges" covered only 40% of the costs allocable to
civil aviation but were increased to 50% for the years 1975 to 1978, 60% for 1979 and 1980,
80% for 1981, and 100% thereafter.
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Technical Assistance
In recognition of the importance of the airplane for international and domestic transport in
countries where road and railway services are lacking, and as a means of aiding these countries
in their social and economic development, ICAO has, from its inception, operated technical
assistance programs through UNDP and other UN organs.
Assistance programs executed by ICAO fall into three main categories. UNDP obtains its funds
from donor countries and allocates these funds among recipient countries in the form of country,
inter-country, and interregional projects. The Funds-in-Trust program provides financial
assistance for specific projects in the country receiving the technical assistance. The Associate
Experts program provides experts from certain countries to work under ICAO guidance.
Each civil aviation project may include one or more of the following forms of assistance: experts
to provide specialist advice to the civil aviation administration or national airline; fellowships to
allow nationals to be trained abroad in civil aviation disciplines, often at civil aviation training
centres that have been established through ICAO technical assistance; and equipment, such as
radio navigational aids or communication facilities, to ensure safe and regular air service.
Fellowships have been awarded in many fields, including training as pilots, aircraft maintenance
technicians, air traffic controllers, radio and radar maintenance technicians, communication
officers, airport engineers, electronics engineers, air transport economists, aeronautical
information officers, aeronautical meteorologists, aviation medicine specialists, accident
investigation experts, flight operations officers, airport fire officers, and instructors.
Major types of equipment provided include air traffic control, radar, and flight simulators; training
aircraft; radio communication and radar systems; distance-measuring equipment; very high
frequency omni radio ranges; instrument landing systems; non-directional beacons; "navaid"
flight-test units; airworthiness data-acquisition systems; language laboratories; audiovisual aids;
visual approach slope indicator systems; and fire-fighting vehicles.
Major training institutions assisted by ICAO include civil aviation training centres in Egypt,
Ethiopia, Gabon, Indonesia, Kenya, Mexico, Nigeria, Singapore, Thailand, Trinidad and Tobago,
and Tunisia.
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International Conventions Prepared Under ICAO
The increasing number of incidents of unlawful interference with civil aviation, beginning in the
1960s—aircraft hijacking, the placing of bombs on board aircraft, and attacks on aircraft,
passengers, and crew members at airports—led to the adoption of three conventions.
The cooperative international action contemplated by the Tokyo, Hague, and Montreal
conventions is intended to eliminate safe havens for hijackers and saboteurs.
Two additional international instruments in the field of aviation security have been developed
under the auspices of ICAO.
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The Protocol for the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation, Supplementary to the
Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation
The protocol was signed at Montreal on 24 February 1988 and came into force as of 6 August
1989. This protocol adds to the definition of "offence" given in the Montreal Convention of 1971,
including actions that are likely to endanger airport safety. It establishes universal jurisdiction
over the offender and applies the Montreal Convention's rules of custody, extradition, and
prosecution.
The Convention on the Marking of Plastic Explosives for the Purposes of Detection, opened for
signature at Montreal in 1991 and came into force on 21 June 1998. This convention requires
that each state party prohibit and prevent the manufacture of unmarked plastic explosives. Four
detection agents are defined in the convention's technical annex. The convention also requires
each state party to prevent the movement of unmarked explosives out of its territory. It also
provides for the destruction of certain kinds of existing stocks of plastic explosives.
An interesting feature of the Guatemala City Protocol is that although it provides for a limit of
about US$100,000 per passenger, there is also provision for a domestic supplement if a state
that is party to the protocol wishes to have a higher limit. In 1975, an International Conference
on Air Law, convened under the auspices of ICAO, adopted new amendments to the Warsaw
Convention, as amended by the Hague Protocol. Under the new provisions, the carrier is
responsible for cargo damage, irrespective of fault. Another major change concerns the method
of calculating the liability limits by turning from a solely gold monetary basis to a dual system,
allowing countries that are members of the IMF to base passenger, baggage, and cargo liability
on Special Drawing Rights, whereas countries not members of the IMF would declare liability
limits in monetary units based on gold.
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The Guadalajara Convention of 1961
The Guadalajara Convention, supplementary to the Warsaw Convention, contains rules with
regard to carriage performed by other than the contracting carrier, that is to say, by a carrier that
had not issued the ticket to the passenger, or the air waybill to the consignor. In this case, both
the contracting carrier and the actual carrier would be held jointly and severally liable under the
Warsaw Convention or that convention as amended by the Hague Protocol.
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Contracting States
 Afghanistan                                                    Liberia
 Albania                                                        Libyan Arab Jamahiriya
 Algeria                                                        Lithuania
 Andorra                                                        Luxembourg
 Angola                                                         Madagascar
 Antigua and Barbuda                                            Malawi
 Argentina                                                      Malaysia
 Armenia                                                        Maldives
 Australia                                                      Mali
 Austria                                                        Malta
 Azerbaijan                                                     Marshall Islands
 Bahamas                                                        Mauritania
 Bahrain                                                        Mauritius
 Bangladesh                                                     Mexico
 Barbados                                                       Micronesia (Federated States of)
 Belarus                                                        Moldova
 Belgium                                                        Monaco
 Belize                                                         Mongolia
 Benin                                                          Montenegro
 Bhutan                                                         Morocco
 Bolivia                                                        Mozambique
 Bosnia and Herzegovina                                         Myanmar
 Botswana                                                       Namibia
 Brazil                                                         Nauru
 Brunei Darussalam                                              Nepal
 Bulgaria                                                       Netherlands
 Burkina Faso                                                   New Zealand
 Burundi                                                        Nicaragua
 Cambodia                                                       Nigeria
 Cameroon                                                       Niger
 Canada                                                         Norway
 Cape Verde                                                     Oman
 Central African Republic                                       Pakistan
 Chad                                                           Palau
 Chile                                                          Panama
 China                                                          Papua New Guinea
 Colombia                                                       Paraguay
 Comoros                                                        Peru
 Congo                                                          Philippines
 Cook Islands                                                   Poland
 Costa Rica                                                     Portugal
 Croatia                                                        Qatar
 Cuba                                                           Republic of Korea
 Cyprus                                                         Romania
 Czech Republic                                                 Russian Federation
 Côte d'Ivoire                                                  Rwanda
 Democratic People's Republic of Korea                          Saint Kitts and Nevis
 Democratic Republic of the Congo                               Saint Lucia
 Denmark                                                        Saint Vincent and the Grenadines
 Djibouti                                                       Samoa
 Dominican Republic                                             San Marino
 Ecuador                                                        Sao Tome and Principe
 Egypt                                                          Saudi Arabia
 El Salvador                                                    Senegal
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 Equatorial Guinea                                              Serbia
 Eritrea                                                        Seychelles
 Estonia                                                        Sierra Leone
 Ethiopia                                                       Singapore
 Fiji                                                           Slovakia
 Finland                                                        Slovenia
 France                                                         Solomon Islands
 Gabon                                                          Somalia
 Gambia                                                         South Africa
 Georgia                                                        Spain
 Germany                                                        Sri Lanka
 Ghana                                                          Sudan
 Greece                                                         Suriname
 Grenada                                                        Swaziland
 Guatemala                                                      Sweden
 Guinea-Bissau                                                  Switzerland
 Guinea                                                         Syrian Arab Republic
 Guyana                                                         Tajikistan
 Haiti                                                          Thailand
 Honduras                                                       The Former Yugoslav Republic of
 Hungary                                                        Macedonia
 Iceland                                                        Timor-Leste
 India                                                          Togo
 Indonesia                                                      Tonga
 Iran (Islamic Republic of)                                     Trinidad and Tobago
 Iraq                                                           Tunisia
 Ireland                                                        Turkey
 Israel                                                         Turkmenistan
 Italy                                                          Uganda
 Jamaica                                                        Ukraine
 Japan                                                          United Arab Emirates
 Jordan                                                         United Kingdom
 Kazakhstan                                                     United Republic of Tanzania
 Kenya                                                          United States
 Kiribati                                                       Uruguay
 Kuwait                                                         Uzbekistan
 Kyrgyzstan                                                     Vanuatu
 Lao People's Democratic Republic                               Venezuela
 Latvia                                                         Viet Nam
 Lebanon                                                        Yemen
 Lesotho                                                        Zambia
                                                                Zimbabwe
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             October 2015
Freedoms of the Air
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ICAO characterises all ‘freedoms’ beyond the Fifth as ‘so-called’ because only
the first five have been officially recognised as such by international treaty.
The first five constitute the International Air Services Transit Agreement.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                           October 2015
Forward to SARPS
The following text is at the beginning of each Annex
document to the Convention on International Civil Aviation
Historical background
Standards and Recommended Practices for Personnel Licensing were first adopted
by the Council on 14th April 1948 pursuant to the provisions of Article 37 of the
Convention on International Civil Aviation (Chicago 1944) and designated as Annex 1
to the Convention. They became effective on 15th September 1948.
Table A shows the origin of subsequent amendments together with a list of the
principal subjects involved and the dates on which the Annex and the amendments
were adopted by the Council, when they became effective and when they became
applicable.
Notification of differences.
The attention of Contracting States is drawn to the obligation imposed by Article 38 of
the Convention by which Contracting States are required to notify the Organization of
any differences between their national regulations and practices and the International
Standards contained in this Annex and any amendments thereto.
Contracting States are invited to extend such notification to any differences from the
Recommended Practices contained in this Annex and any amendments, when the
notification of such differences is important for the safety of air navigation. Further,
Contracting States are invited to keep the Organization currently informed of any
difference which may subsequently occur, or of the withdrawal of any difference
previously notified. A specific request for notification of differences will be sent to
Contracting States immediately after the adoption of each amendment to this Annex.
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Status of Annex components
An Annex is made up of the following component parts, not all of which, however, are
necessarily found in every Annex; they have the status indicated:
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2.— Material approved by the Council for publication in
association with the standards and recommended practices
(SARPS):
a) Forewords comprising historical and explanatory material based on the action
of the Council and including an explanation of the obligations of States with regard to
the application of the Standards and Recommended Practices ensuing from the
Convention and the Resolution of Adoption.
Selection of language
This Annex has been adopted in six languages — English, Arabic, Chinese, French,
Russian and Spanish. Each Contracting State is requested to select one of those
texts for the purpose of national implementation and for other effects provided for in
the Convention, either through direct use or through translation into its own language,
and to notify the Organization accordingly.
Editorial practices
The following practice has been adhered to in order to indicate at a glance the status
of each statement: Standards have been printed in light face roman; Recommended
Practices have been printed in light face italics, the status being indicated by the
prefix Recommendation; Notes have been printed in light face italics, the status
being indicated by the prefix Note.
It is to be noted that in the English text the following practice has been adhered to
when writing the specifications: Standards employ the operative verb “shall” while
Recommended Practices employ the operative verb “should”.
The units of measurement used in this document are in accordance with the
International System of Units (SI) as specified in Annex 5 to the Convention on
International Civil Aviation. Where Annex 5 permits the use of non-SI alternative units
these are shown in parentheses following the basic units.
Where two sets of units are quoted it must not be assumed that the pairs of values
are equal and interchangeable. It may, however, be inferred that an equivalent level
of safety is achieved when either set of units is used exclusively.
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Annex 5, Attachment B (extract)
Measurement symbols
5. Style and usage
5.1 Rules for writing unit symbols
5.1.1 Unit symbols should be printed in Roman (upright) type regardless of the type
style used in the surrounding text.
5.1.2 Unit symbols are unaltered in the plural.
5.1.3 Unit symbols are not followed by a period except when used at the end of a
sentence.
5.1.4 Letter unit symbols are written in lower case (cd) unless the unit name has
been derived from a proper name, in which case the first letter of the symbol is
capitalized (W, Pa). Prefix and unit symbols retain their prescribed form regardless of
the surrounding typography.
5.1.5 In the complete expression for a quantity, a space should be left between the
numerical value and the unit symbol. For example, write 35 mm not 35mm, and 2.37
lm, not 2.371m. When the quantity is used in an adjectival sense, a hyphen is often
used, for example, 35-mm film.
Exception: No space is left between the numerical value and the symbols for degree,
minute and second of plane angle, and degree Celsius.
5.1.6 No space is used between the prefix and unit symbols.
5.1.7 Symbols not abbreviations should be used for units. For example, use "A", not
"amp", for ampere.
Annex 5 states that the following (case sensitive) non-SI units may be used for ICAO
purposes:
Annex 5 further determines that a space placed is between the number and the
symbol, for SI and non-SI symbols, excepting for degrees; for example:
    temperature           5°C
    geodesy               179°E
    angles                45°
    tracks                090°M
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                     October 2015
AL02 – Documentation
-2-                             ICAO AL 02                                                                             Contents:
1     Contents:
                                                                                                        User Notes:
      Table of Contents
      1   Contents: ................................................................................2
      2   Learning Outcome..................................................................3
                     Performance Criteria: ................................................3
      3   Aviation legislation.................................................................4
                     ATS documentation ...................................................5
                     Aeronautical Information Publication .......................6
      4   NOTAM...................................................................................7
                     Definition ...................................................................7
                     Types of NOTAM .......................................................7
                     Subject matter to be issued via NOTAM ...................8
                     What is NOT in a NOTAM ........................................10
      5   Aeronautical Information Regulation and Control ..............11
                     Aeronautical Information Circular...........................11
                     Air Traffic Control Manual .......................................12
                     Unit Operating Instructions .....................................12
                           Contents ............................................... 12
                           Amendments ........................................ 12
                     Letters of agreement and Operations letters .........13
                     Aerodrome emergency planning.............................13
      6   Revision ................................................................................14
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                 October 2015
Performance Criteria:                                                   Documentation           -3-
2    Learning Outcome
List and briefly describe documentation associated with ATC, including purpose and general
content.
Performance Criteria:
   The student will be able to:
    1. Identify and briefly describe the meanings of the following         User Notes:
       acronyms:
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                    October 2015
-4-                       ICAO AL 02                                                   Aviation legislation
3 Aviation legislation
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                          October 2015
ATS documentation                                                       Documentation           -5-
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                    October 2015
-6-                       ICAO AL 02                                                    Aviation legislation
Annex 15 4.3.1
Annex 15 4.4.1
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                           October 2015
Definition                                                              Documentation           -7-
4    NOTAM
    Definition                                                             User Notes:
    Annex 15 2
Annex 15 5.1.1
    Types of NOTAM
    There are three types of NOTAM,
 NOTAMN (New)
 NOTAMR (Replacement)
 NOTAMC (Cancellation)
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                    October 2015
-8-                       ICAO AL 02                                                        NOTAM
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                    October 2015
Subject matter to be issued via NOTAM                                   Documentation          -9-
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                   October 2015
- 10 -                     ICAO AL 02                                                         NOTAM
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                      October 2015
Aeronautical Information Circular                                       Documentation          - 11 -
 flight safety
 air navigation
 technology
 administration
 legislation.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                    October 2015
- 12 -                    ICAO AL 02                               Aeronautical Information Regulation and Control
     Contents
     Unit operating instructions should, as necessary, contain:
     Amendments
     Amendments to unit operating instructions should be recorded
     in the document and brought to the attention of all controllers
     concerned in the most appropriate manner. In addition, as
     part of the conditions of taking over a specific operating
     position, controllers should be required to indicate, in an
     appropriate manner, that an amendment has been noted.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                  October 2015
Letters of agreement and Operations letters                             Documentation          - 13 -
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                    October 2015
- 14 -                    ICAO AL 02                                                    Revision
6 Revision
a. AIP
b. NOTAM
c. AIRAC
d. AIC
e. UOI
f. LOA
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 October 2015
051 ATS Licensing Course
Air Law
AL02 – Documentation
Supplementary Information
AL-02 Documentation - Supplementary Reading
Table of Contents
Aeronautical Information Publication..................................................................................................... 3
   Content ............................................................................................................................................... 3
   General specifications ......................................................................................................................... 4
   Specifications for AIP amendments .................................................................................................... 5
   Specifications for AIP Supplements .................................................................................................... 5
NOTAM.................................................................................................................................................... 6
   Sample NOTAM ................................................................................................................................... 6
   General specifications ......................................................................................................................... 7
   Distribution ......................................................................................................................................... 8
Aeronautical Information Circular .......................................................................................................... 9
   AIC content ......................................................................................................................................... 9
   General specifications ....................................................................................................................... 10
   Distribution ....................................................................................................................................... 10
   Sample AIC ........................................................................................................................................ 10
Letters of agreement and Operations letters ....................................................................................... 12
   Coordination ..................................................................................................................................... 12
   Subject Matter .................................................................................................................................. 12
   Format ............................................................................................................................................... 13
ICAO documents and manuals .............................................................................................................. 14
   Chicago Convention (blue cover) ...................................................................................................... 14
   Procedures for Air Navigation Services (blue cover) ........................................................................ 15
   Manuals (purple cover) ..................................................................................................................... 16
   Circulars (light blue cover) ................................................................................................................ 16
   Regional Air Navigation Plans (brown cover).................................................................................... 16
   National Air Navigation Plans ........................................................................................................... 16
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                                       October 2015
AL-02 Documentation - Supplementary Reading
Content
AIPs shall include in Part 1 — General (GEN):
     a) a statement of the competent authority responsible for the air navigation facilities,
        services or procedures covered by the AIP;
     b) the general conditions under which the services or facilities are available for
        international use;
     c) a list of significant differences between the national regulations and practices of the
        State and the related ICAO Standards, Recommended Practices and Procedures,
        given in a form that would enable a user to differentiate readily between the
        requirements of the State and the related ICAO provisions;
     d) the choice made by a State in each significant case where an alternative course of
        action is provided for in ICAO Standards, Recommended Practices and Procedures.
The aeronautical charts listed alphabetically below shall, when available for designated
international aerodromes/ heliports, form part of the AIP, or be distributed separately to
recipients of the AIP:
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                October 2015
AL-02 Documentation - Supplementary Reading
General specifications
A checklist giving the current date of each page in the AIP series shall be reissued frequently
to assist the user in maintaining a current publication. The page number/chart title and date
of the checklist shall appear on the checklist itself.
Each AIP issued as a bound volume and each page of an AIP issued in loose-leaf form shall
be so annotated as to indicate clearly:
All changes to the AIP, or new information on a reprinted page, shall be identified by a
distinctive symbol or annotation.
Operationally significant changes to the AIP shall be published in accordance with AIRAC
procedures and shall be clearly identified by the acronym — AIRAC.
AIP shall be amended or reissued at such regular intervals as may be necessary to keep
them up to date.
Recourse to hand amendments or annotations shall be kept to the minimum. The normal
method of amendment shall be by means of replacement sheets.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                     October 2015
AL-02 Documentation - Supplementary Reading
Each AIRAC AIP Amendment page, including the cover sheet, shall display an effective
date.
When an AIP Amendment is issued, it shall include references to the serial number of those
elements, if any, of the Integrated Aeronautical Information Package which have been
incorporated into the amendment.
A brief indication of the subjects affected by the amendment shall be given on the AIP
Amendment cover sheet.
Temporary changes of long duration (three months or longer) and information of short
duration which contains extensive text and/or graphics shall be published as AIP
Supplements.
Each AIP Supplement shall be allocated a serial number which shall be consecutive and
based on the calendar year.
AIP Supplement pages shall be kept in the AIP as long as all or some of their contents
remain valid. When an AIP Supplement is sent in replacement of a NOTAM, it shall include a
reference to the serial number of the NOTAM.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED            October 2015
AL-02 Documentation - Supplementary Reading
NOTAM
At least seven days’ advance notice shall be given of the activation of established danger,
restricted or prohibited areas and of activities requiring temporary airspace restrictions other
than for emergency operations.
Sample NOTAM
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 October 2015
AL-02 Documentation - Supplementary Reading
General specifications
When NOTAM is selected for international distribution, English text shall be included for
those parts expressed in plain language.
The NOTAM originator shall allocate to each NOTAM a series identified by a letter and a
four-digit number followed by a stroke and a two-digit number for the year. The four-digit
number shall be consecutive and based on the calendar year.
When errors occur in a NOTAM, a NOTAM with a new number to replace the erroneous
NOTAM shall be issued.
When a NOTAM is issued which cancels or replaces a previous NOTAM, the series and
number of the previous NOTAM shall be indicated. The series, location indicator and subject
of both NOTAM shall be the same. Only one NOTAM shall be cancelled or replaced by a
NOTAM.
Location indicators included in the text of a NOTAM shall be those contained in Location
Indicators (Doc. 7910).
Where no ICAO location indicator is assigned to the location, its place name spelt in shall be
entered in plain language.
A checklist of valid NOTAM shall be issued as a NOTAM over the Aeronautical Fixed
Service (AFS) at intervals of not more than one month using the NOTAM. One NOTAM shall
be issued for each series.
A checklist of NOTAM shall refer to the latest AIP Amendments, AIP Supplements and at
least the internationally distributed AIC.
A checklist of NOTAM shall have the same distribution as the actual message series to
which they refer and shall be clearly identified as checklist.
A monthly printed plain-language list of valid NOTAM, including indications of the latest AIP
Amendments, AIC issued and a checklist of AIP Supplements, shall be prepared with a
minimum of delay and forwarded by the most expeditious means to recipients of the
Integrated Aeronautical Information Package.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED               October 2015
AL-02 Documentation - Supplementary Reading
Distribution
NOTAM shall be prepared in conformity with the relevant provisions of the ICAO
communication procedures.
The AFS (aeronautical fixed service) shall, whenever practicable, be employed for NOTAM
distribution.
The originating State shall select the NOTAM that are to be given international distribution.
International exchange of NOTAM shall take place only as mutually agreed between the
international NOTAM offices (NOF) concerned. The international exchange of ASHTAM and
NOTAM where States continue to use NOTAM for distribution of information on volcanic
activity, shall include volcanic ash advisory centres, and shall take account of the
requirements of long-range operations.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 October 2015
AL-02 Documentation - Supplementary Reading
AIC content
An AIC shall be originated whenever it is desirable to promulgate:
     3) significant information arising from aircraft accident/ incident investigation which has
        a bearing on flight safety;
10) reference to the requirements of, and publication of changes in, national legislation;
     19) changes in NOTAM series or distribution, new editions of AIP or major changes in
         their contents, coverage or format;
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                   October 2015
AL-02 Documentation - Supplementary Reading
General specifications
Distribution
States shall give AIC selected for international distribution the same distribution as for the
AIP.
Sample AIC
(See next page)
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                   October 2015
AL-02 Documentation - Supplementary Reading
NAV CANADA, the country's provider of civil air navigation services, continuously monitors the safety of Canadian airspace.
As a consequence, an airspace assessment at Gander, Newfoundland and Labrador, was completed.
After consultation with aircraft operators and Transport Canada, it was determined that safety and air traffic service would
be enhanced by expanding the area where aircraft transponders are required in the vicinity of Gander. This expansion
would also be consistent with new Canadian Aviation Regulations (CARs) with respect to airborne collision avoidance
systems (ACAS).
The planned transponder airspace is depicted in the accompanying chart but can be generally described as follows:
The Class E airspace within 15 nautical miles (NMs) of Gander International (excluding the control zone) above 1,500 feet
above sea level (ASL), and
The Class E airspace between 15 NMs and 25 NMs above 2,500 feet ASL.
Please monitor NOTAMs and aeronautical publications for exact implementation date and time.
Marcel Pinon
18 DEC 08
Rudy Kellar
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                           October 2015
AL-02 Documentation - Supplementary Reading
Coordination
Procedures should be established for the processing of letters of agreement and operations
letters to ensure that:
a) any action required by letters of agreement is coordinated with the ATS units concerned;
b) any necessary co-ordination with other parties concerned with an operations letter is
   effected;
c) the effective date of an agreement allows for at least 30 days for familiarization after
   distribution by all concerned;
d) the agreement is signed by the unit chief controller and responsible personnel of other
   agencies/operators involved;
1.10.3 Letters of agreement and operations letters should be reviewed frequently and
amended or replaced as necessary to ensure conformity with current operational
requirements, directives and policy. Amendments should be prepared and processed in the
same manner as the original agreement. Agreements that are no longer applicable should
be cancelled and all agencies that were provided copies of an agreement should be
informed of its cancellation. Each agreement and all amendments thereto should be retained
for a specified period of time after their cancellation.
Subject Matter
1.10.4 When preparing letters of agreement or operations letters, the unit chief controller, in
co-ordination with other units/agencies/operators involved, should develop the subject as
follows:
c) if a delegation of the responsibility for airspace is involved, describe the airspace and
define conditions governing its use, such as use of levels, routing restrictions, limitations
and/or exceptions;
d) describe the procedures that are required to supplement those contained in the manual of
operations, establish common operating practices, or resolve differences between conflicting
procedures;
e) include charts or diagrams if they will help to explain the terms of the agreement.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                    October 2015
AL-02 Documentation - Supplementary Reading
Format
1. 10.5 The format for letters of agreement should take account of the following points:
a) Parties to the agreement: Specify the agencies, units, authorities between which the letter
is agreed;
c) Effective date: State when the agreement comes into force and, if relevant, when it
expires;
e) Status: Indicate whether the letter supersedes, supplements or otherwise affects other
previous agreements;
h) For ease of subsequent reference, it may also be advisable to assign a specific number or
other identifier to each letter of agreement.
1.10.6 The format for operations letters may vary due to the variety of subjects which can be
covered; therefore, no specific format can be prescribed; however, the provisions for letters
of agreement shown in 1.10.5 above should be used whenever this is possible.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                October 2015
AL-02 Documentation - Supplementary Reading
4 Aeronautical Charts
6 Operation of Aircraft
8 Airworthiness of Aircraft
9 Facilitation
10 Aeronautical Telecommunications
14 Aerodromes
16 Environmental Protection
17 Security
19 Safety Management
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                October 2015
AL-02 Documentation - Supplementary Reading
Air traffic controllers are particularly affected by Annexes 1 and 11, as well as Annexes 2-5,
10, 12, 14-15 & 19.
All are relevant to air traffic controllers, except for PANS-OPS Vol II with its highly technical
content intended for instrument flight procedure designers.
3. Status
3.1 The Procedures for Air Navigation Services (PANS) do not have the same status as the
Standards and Recommended Practices. While the latter are adopted by Council in
pursuance of Article 37 of the Convention on International Civil Aviation, subject to the full
procedure of Article 90, the PANS are approved by the Council and recommended to
Contracting States for worldwide application.
3.2 While the PANS may contain material which may eventually become Standards or
Recommended Practices (SARPS) when it has reached the maturity and stability necessary
for adoption as such, they may also comprise material prepared as an amplification of the
basic principles in the corresponding SARPS, and designed particularly to assist the user in
the application of those SARPS.
5. Publication of differences
5.1 The PANS do not carry the status afforded to Standards adopted by the Council as
Annexes to the Convention and, therefore, do not come within the obligation imposed by
Article 38 of the Convention to notify differences in the event of non-implementation.
5.2 However, attention of States is drawn to the provision of Annex 15 related to the
publication in their Aeronautical Information Publications of lists of significant differences
between their procedures and the related ICAO procedures.
6. Promulgation of information
Information relating to the establishment and withdrawal of and changes to facilities, services
and procedures affecting aircraft operations provided according to the Procedures specified
in this document should be notified and take effect in accordance with Annex 15.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                    October 2015
AL-02 Documentation - Supplementary Reading
Contents of Circular 211 have now been incorporated in Doc 9643, Manual on Simultaneous
on Parallel or Near-Parallel Runways.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                  October 2015
  051 ATS Licensing Course
Air Law
1     Contents:
                                                                                                         User Notes:
      Table of Contents
      1   Contents:................................................................................ 2
      2   Learning Outcome ................................................................. 3
                     Performance Criteria: ................................................ 3
      3   Introduction ........................................................................... 4
      4   Components........................................................................... 5
                     International arena ................................................... 5
      5   Air Traffic Services ................................................................. 6
                     “ATS” as a generic term ............................................ 6
                     Air Traffic Control Service ......................................... 7
                     Flight Information Service ......................................... 8
                     Air Traffic Advisory Service........................................ 9
                     Alerting Service ......................................................... 9
      6   Air Traffic Management (ATM) and CNS ............................. 10
      7   Revision ................................................................................ 11
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                  October 2015
Performance Criteria:                                                   Air Navigation Services          -3-
2    Learning Outcome
Identify and describe the main components and sub-components of Air Navigation Services.
Performance Criteria:
   1. Identify the meanings of the following acronyms:                          User Notes:
ATM, CNS
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             October 2015
-4-                          AL 03                                                    Introduction
3 Introduction
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 October 2015
International arena                                                     Air Navigation Services          -5-
4 Components
    ATS, COM, MET, SAR and AIS are detailed as standards and
    recommended practices (SARPS) in Annexes to the
    Convention on International Civil Aviation.
Figure 1 - ICAO uses “Air Navigation Services” to include a number of aviation services
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             October 2015
-6-                          AL 03                                                    Air Traffic Services
Includes:
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                         October 2015
Air Traffic Control Service                                             Air Navigation Services          -7-
a) preventing collisions:
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             October 2015
-8-                          AL 03                                                      Air Traffic Services
FIS includes:
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                           October 2015
Air Traffic Advisory Service                                            Air Navigation Services          -9-
Alerting Service
 Annex 11 Definitions
 A service provided to notify appropriate organisations
 regarding aircraft in need of search and rescue aid, and assist
 such organisations as required.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             October 2015
- 10 -                       AL 03                                      Air Traffic Management (ATM) and CNS
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             October 2015
Alerting Service                                                        Air Navigation Services         - 11 -
7 Revision
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             October 2015
- 12 -                       AL 03                                        Revision
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED   October 2015
  051 ATS Licensing Course
Air Law
 Supplementary Information
AL-03 Air Navigation Services - Supplementary Reading
Table of Contents
Aeronautical telecommunications .......................................................................................................... 3
   General................................................................................................................................................ 3
   Aeronautical communications ............................................................................................................ 3
   Aeronautical telecommunications systems ........................................................................................ 4
   Radio navigation services.................................................................................................................... 5
   Related professional and technical activities...................................................................................... 5
Air traffic services relationships .............................................................................................................. 6
ICAO Annex 11 Air Traffic Services (extract) ........................................................................................... 7
   2.2 Objectives of the air traffic services.............................................................................................. 7
   2.3 Divisions of the air traffic services ................................................................................................ 7
   Air Traffic Management (ATM) ........................................................................................................... 8
Further Selected ICAO references .......................................................................................................... 9
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                                       October 2015
AL-03 Air Navigation Services - Supplementary Reading
Aeronautical telecommunications
General
ATS are not normally provided (other than in the most basic manner using light signals) without the
aid of aeronautical telecommunications systems and related services.
COM includes:
                                                          Aeronautical
                                                      Telecommunications
                                                         (COM) services
                             Aeronautical
                                                         Radio Navigation            Related technical
                            Communications
                                                            Services                     activities
                               Services
Aeronautical communications
Those technical services components of an operational nature provided in support of ATS or
otherwise constitute aeronautical communications. These are provided from an ‘aeronautical
station’ by an Aeronautical Station Operator (ASO) and include:
                                                    Aeronautical
                                                  Communications
1
   In the United States, and more recently in Australia and New Zealand, UNICOM (Universal Communications) has been
introduced at some airports for reasons best known to authorities there. Elsewhere this service is termed AMS, with station
identifier suffix ‘Radio’ used (whether a local aeronautical station or ATS-relay channel).
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                         October 2015
AL-03 Air Navigation Services - Supplementary Reading
AMSS is the aeronautical mobile satellite service, which may feature voice applications
beyond emergency communications in future.
    communication (C) systems: these include radio systems such as VHF and HF, links,
                                voice communications switching systems (VCSS),
                                message switching systems (MSS) and the like.
    navigation (N) systems:                   these included VHF Omni Range (VOR), Distance
                                               Measuring Equipment (DME), Instrument Landing
                                               System (ILS), medium frequency (MF) beacons and VHF
                                               fan markers.
    surveillance (S) systems:                 these include primary surveillance radar (PSR) and
                                               secondary surveillance radar (SSR).
    automated systems:                        are usually components of all the above; for example
                                               flight and radar data processing systems (FDPS and
                                               RDPS).
                                                     Aeronautical
                                                 Telecommunications
                                                    systems (CNS)
Airport electrical systems such as airfield lighting (AFL) are not deemed to be electronic ANS
systems; rather these are components of aerodrome ground aids (AGA) infrastructure. Such
facilities are described in ICAO Annex 14 Aerodromes and related documents. However it is
recognised that visual guidance systems such as precision approach path indicator systems
aid visual navigation immediately before aircraft land.
2
  COM as in aeronautical telecommunications, should not be confused with specific communications facilities as featured in
the ‘C’ in CNS.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                        October 2015
AL-03 Air Navigation Services - Supplementary Reading
                                                  Radio Navigation
                                                      Services
    flight inspection services            not exactly COM as such but an activity associated with
                                           radio navigation services.
                                                      Related professional
                                                      & technical activities
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                   October 2015
AL-03 Air Navigation Services - Supplementary Reading
                                                          Some aeronautical
                                                        services components &
                                                          their relationships
                                                                                                  Air Traffic
       Communications                      Navigation                       Surveillance         Management
                                                                                                    (ATM)
          Aerodrome                                                                                 Control
                                             Tower                              Approach
          Information                                                                               (ACC)
                                             (TWR)                               (APP)
             (AFIS)
       Automatic Fixed
      Telecommunication                Clearance Delivery                        Arrival            Oceanic
           Network                           (CD)                                (ARR)               (OAC)
          (AFS G/G)
      Automatic Terminal
                                             Radar                              Precision      Search and Rescue
         Info. Service
                                           (TAR/SSR)                             (PAR)           (SAR) Service
            (ATIS)
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                     October 2015
AL-03 Air Navigation Services - Supplementary Reading
     b)     prevent collisions between aircraft on the manoeuvring area and obstructions on that
          area;
d) provide advice and information useful for the safe and efficient conduct of flights;
     e)     notify appropriate organizations regarding aircraft in need of search and rescue aid,
          and assist such organizations as required.
2.3.1 The air traffic control service, to accomplish objectives a), b) and c) of 2.2, this service
being divided in three parts as follows:
     a)     Area control service: the provision of air traffic control service for controlled flights,
          except for those parts of such flights described in 2.3.1 b) and c), in order to accomplish
          objectives a) and c) of 2.2;
     b)      Approach control service: the provision of air traffic control service for those parts of
          controlled flights associated with arrival or departure, in order to accomplish objectives
          a) and c) of 2.2;
     c)      Aerodrome control service: the provision of air traffic control service for aerodrome
          traffic, except for those parts of flights described in 2.3.1 b), in order to accomplish
          objectives a), b) and c) of 2.2.
3
    ICAO Annex II: Air Traffic Services, Chapter 2, pg 2-1 (1/11/01)
4
    ICAO Annex II: Air Traffic Services, Chapter 2, pg 2-2 (22/11/01)
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                        October 2015
AL-03 Air Navigation Services - Supplementary Reading
                               ATS
                               air traffic flow management (ATFM)
                               airspace management (ASM).
ATS may be considered as the “service” component of ATM, whereas ASM and ATFM are
best understood as functions.
ATM uses high levels of automation in its application areas and increasing satellite
facilitation. ATM is frequently referred to in conjunction with complementary communication,
navigation, surveillance (C, N, S) systems, as CNS/ATM.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                               October 2015
AL-03 Air Navigation Services - Supplementary Reading
I. Doc. 9161 – Manual on Air Navigation Service Economics (Third Edition 1997)
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             October 2015
AL-03 Air Navigation Services - Supplementary Reading
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED   October 2015
    Air Law
AL04 – Airspace
-2-                             ICAO AL 04                                                                                Contents:
1     Contents:
                                                                                                         User Notes:
      Table of Contents
      1   Contents: ................................................................................2
      2   Learning Outcomes ................................................................3
                     Performance Criteria: ................................................3
      3   Flight Information Regions.....................................................4
      4   Classification of airspace........................................................6
                     Airspace Classes ........................................................6
                     Class A........................................................................6
                     Class B ........................................................................6
                     Class C ........................................................................6
                     Class D .......................................................................6
                     Class E. .......................................................................7
                     Class F ........................................................................7
                     Class G .......................................................................7
      5   Air traffic control service .......................................................8
                     ATC separation ..........................................................8
      6   Status of aerodromes and airspace environs ........................9
                     Flight information zone .............................................9
                     Controlled aerodrome ...............................................9
                     Aerodrome traffic zone (ATZ) ....................................9
                     Control zone (CTR)...................................................10
                     Controlled airspace .................................................11
                     Information regions.................................................12
                     Transponder Mandatory Airspace ..........................12
      7   Special use airspace .............................................................13
                     General - Types of restrictions ................................13
                     Danger area .............................................................13
                     Restricted area ........................................................13
                     Prohibited area ........................................................14
                     Special designated airspace ....................................14
      8   Revision ................................................................................15
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                  December 2015
Learning Outcomes                                                       Airspace               -3-
2    Learning Outcomes
Identify and describe the ICAO classes of airspace, including ATC service and separation
requirements; terminology associated with status of aerodromes and airspace; and types of special
use airspace.
Performance Criteria:
   1. Identify and describe the 7 classes of airspace according         User Notes:
      to ICAO Annex 11, including provision of ATC and ATC
      separation within each of these.
 controlled aerodrome
 control zone
 Danger Area,
 Restricted Area,
 Prohibited Area.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                  December 2015
-4-                       ICAO AL 04                                              Flight Information Regions
      ICAO Annex 11 has divided the world into manageable                  User Notes:
      ‘chunks’ of airspace for the provision of Air Traffic Services.
      These ‘chunks’ of airspace are known as Flight Information
      Regions (FIR). Following the international convention, this
      airspace extends from the surface of the earth and has no
      specified upper limit. The FIR is the largest regular division of
      airspace in use in the world today.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                          December 2015
              Flight Information Regions                                                   Airspace                    -5-
                                                                                       OAKLAND
                                                                                       OAKLAND OCEANIC
                                                                                               OCEANIC
                                        NAURU
                                        NAURU
               PORT
               PORT MORESBY
                    MORESBY
                                                           NADI
                                                           NADI
   JAYAPURA
   JAYAPURA                       HONIARA
                                  HONIARA                                     SAMOA
                                                                              SAMOA
                                                                              SECTOR
                                                                              SECTOR
DANG
 ANG
G                                           PORT
                                            PORT VILA
                                                 VILA
                                                                    TONGA
                                                                     TONGA         COOK
                                                                                   COOK
                                             NEW
                                              NEW
                                                                    SECTOR
                                                                    SECTOR        SECTOR
                                                                                  SECTOR
                                           CALEDONIA
                                           CALEDONIA
                         BRISBANE
                         BRISBANE                                                                     TAHITI
                                                                                                      TAHITI
                                                 NEW
                                                 NEW ZEALAND
                                                     ZEALAND
                                                                    AUCKLAND
                                                                    AUCKLAND OCA
                                                                             OCA
                    MELBOURNE
                    MELBOURNE
                                                                                                EASTER
                                                                                                EASTER
                                                          MC
                                                          MC MURDO
                                                             MURDO
                                                           SECTOR
                                                           SECTOR
                                                                                                                              SAN
                                                                                                                              SA
                                                                                                                   PUERTO
                                                                                                                   PUERTO MONTT
                                                                                                                          MONTT
                                                                                           PUNTA
                                                                                           PUNTA ARENA
                                                                                                 ARENA
                                                                                                                               EZE
                                                                                                                               EZ
               JOHANNESBURG
               JOHANNESBURG OCEANIC
                            OCEANIC
                                                                                  COMODORO
                                                                                  COMODORO RIVADAVIA
                                                                                           RIVADAVIA                           M
                                                                                                                               M
                                                                                                                        MONTEVIDE
                                                                                                                        MONTEVIDE
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED December 2015
                                     PUNTA
                                     PUNTA ARENA
                                           ARENA
-6-                       ICAO AL 04                                              Classification of airspace
4     Classification of airspace
      ICAO Annex 11 divides all airspace, both domestic and               User Notes:
      international, into 7 classes, each class being identified by the
      letters A to G inclusive. The class of airspace is in accord with
      the type of ATS service that is being provided.
      Airspace Classes
      Annex 11 2.6.1
      ATS airspaces shall be classified and designated in
      accordance with the following.
      Class A
      IFR flights only are permitted
      Class B
      IFR and VFR flights are permitted,
      Class C
      IFR and VFR flights are permitted,
      Class D
      IFR and VFR flights are permitted and
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                         December 2015
Classification of airspace                                               Airspace           -7-
    Class E.
    IFR and VFR flights are permitted,
    Class F
    IFR and VFR flights are permitted,
    Class G
    IFR and VFR flights are permitted
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED               December 2015
-8-                       ICAO AL 04                                             Air traffic control service
ATC separation
Doc 4444 5.2.1.1 (part)
   Vertical or horizontal separation shall be provided:
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                        December 2015
Status of aerodromes and airspace environs                              Airspace              -9-
    Controlled aerodrome
    Annex 11 Definitions
    An aerodrome at which air traffic control service is provided to
    aerodrome traffic.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 December 2015
- 10 -                    ICAO AL 04                                    Status of aerodromes and airspace environs
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                December 2015
Status of aerodromes and airspace environs                              Airspace             - 11 -
Control zone
(described above)
CTA/C
CTA/C
CTA/D
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 December 2015
- 12 -                    ICAO AL 04                                    Status of aerodromes and airspace environs
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                December 2015
Special use airspace                                                        Airspace             - 13 -
a) danger area; or
b) restricted area; or
c) prohibited area.
    Danger area
    Annex 11 Definitions
    An airspace of defined dimensions within which activities
    dangerous to the flight of aircraft may exist at specified times.
    Restricted area
    Annex 11 Definitions
    An airspace of defined dimensions, above the land areas or
    territorial waters of a state, within which the flight of aircraft is
    restricted in accordance with certain specified conditions.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                     December 2015
- 14 -                    ICAO AL 04                                                       Special use airspace
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             December 2015
Revision                                                                Airspace             - 15 -
8 Revision
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 December 2015
- 16 -                    ICAO AL 04                                        Revision
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED   December 2015
051 ATS Licensing Course
Air Law
AL04 – Airspace
Supplementary Information
AL-04 Air Navigation Services - Supplementary Reading
Table of Contents
Status of aerodromes and airspace environs ......................................................................................... 4
   Flight information zone....................................................................................................................... 4
   Controlled aerodrome ........................................................................................................................ 4
   Aerodrome traffic zone ....................................................................................................................... 4
   Control zone ........................................................................................................................................ 5
Sovereign territory and high seas; atmosphere, airspace and outer space – with airspace
management and national considerations ............................................................................................. 6
United Nations Convention on International Civil Aviation.................................................................... 8
   Sovereign ............................................................................................................................................ 8
   Sovereignty ......................................................................................................................................... 8
   Territorial sovereignty......................................................................................................................... 9
   Sovereignty in international law ......................................................................................................... 9
   State .................................................................................................................................................... 9
   State Aircraft ....................................................................................................................................... 9
   Airspace............................................................................................................................................. 10
   Kármán line ....................................................................................................................................... 10
   Stratosphere ..................................................................................................................................... 10
   Flight Information Region ................................................................................................................. 11
   Upper Flight Information Region ...................................................................................................... 11
   Territory ............................................................................................................................................ 12
   Territorial waters .............................................................................................................................. 12
   Innocent passage .............................................................................................................................. 13
   United Nations Convention on the Law of the Sea........................................................................... 13
   Historical background ....................................................................................................................... 14
   The (First) United Nations Conference on Law of the Sea (UNCLOS I) ............................................. 14
   The Second United Nations Conference on Law of the Sea (UNCLOS II) .......................................... 14
   The Third United Nations Conference on Law of the Sea (UNCLOS III) ............................................ 14
   Signature and ratification ................................................................................................................. 15
   International waters ......................................................................................................................... 16
   International waterways ................................................................................................................... 16
   Waterbody-specific Agreements ...................................................................................................... 16
   Marine Institutions ........................................................................................................................... 16
   Outer space ....................................................................................................................................... 16
   Earth's boundary ............................................................................................................................... 17
   Fédération Aéronautique Internationale.......................................................................................... 17
         © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                           October 2015
AL-04 Air Navigation Services - Supplementary Reading
         © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                         October 2015
AL-04 Air Navigation Services - Supplementary Reading
       ICAO Circular 211 Aerodrome Flight Information Service (AFIS), 21. and 36 d):
        AIRSPACE DESIGNATION
        “21. …The airspace within which AFIS will be provided should be designated as a
        flight information zone (FIZ) and its lateral and vertical limits specified. The
        dimensions of the FIZ should coincide with those of the aerodrome traffic zone,
        where established, or they should be increased to provide added safeguards.
        PROMULGATION OF INFORMATION
        36. d) lateral and vertical limits of the flight information zone (FIZ);”
Controlled aerodrome
       ICAO Annex 11 Air Traffic Services, Chapter 1 Definitions (SARPS)
        Aerodrome control service. Air traffic control service for aerodrome traffic.
        1.5.5 It should be mentioned here that an aerodrome traffic zone may also be
        established around uncontrolled aerodromes when the activities conducted at
        those aerodromes (i.e. flying school, specific military activities) make it undesirable
        for other aircraft, not engaged in these activities, to penetrate or otherwise disturb the
        traffic pattern. In this case, the aerodrome traffic zone is primarily reserved for use
        by aircraft participating in the activities having caused the zone to be established.
       © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED        October 2015
AL-04 Air Navigation Services - Supplementary Reading
Control zone
       ICAO Document 9426 Air Traffic Services Planning Manual
        “1.5.6 When further developments determine that it is necessary for an aerodrome
        to also be available to traffic operating under IFR, it will be necessary to protect
        such traffic by extending control to such traffic by imposing such restrictions on VFR
        flights as are necessary to ensure the safety of both types of operations while
        operating in the same general area. To accomplish this, sufficient controlled
        airspace should be established to encompass the arrival, departure and, where
        necessary, the holding flight paths of the IFR flights. To achieve this in the most
        efficient manner, it will generally suffice to establish a comparatively small control
        zone (which, by definition extends from the ground upwards) and to superimpose on
        it a control area (which, again by definition, extends from a given lower limit above
        the ground upwards) of a size sufficient to contain the flight paths of departing,
        holding and arriving IFR flights….”
       © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED      October 2015
AL-04 Air Navigation Services - Supplementary Reading
Sovereign territory and high seas; atmosphere, airspace and outer space –
with airspace management and national considerations
The territorial land mass of a state is complemented by territorial waters that extend 12
nautical miles out to sea, beyond which is the high seas, as determined by the United
Nations Convention on Law of the Sea.
Over sovereign territory and adjacent territorial waters (or territorial seas) is sovereign
airspace. A state has complete and exclusive sovereignty over the airspace above its
territory, as established by the United Nations Convention on International Civil Aviation
(the Chicago Convention, which established the International Civil Aviation Organization
[ICAO]).
Airspace is thus distinguished from outer space (i.e. space) – however there is no
universally agreed delineation of the actual vertical boundary.
A flight information region is a volume of airspace [i.e. not ‘outer space’] of defined
boundaries within which flight information and alerting service are provided by or on
behalf of a state – air traffic advisory and air traffic control service may also be provided.
States may not unilaterally declare flight information regions; boundaries must be
coordinated through ICAO, by international agreement. The lateral boundaries of such
airspace do not necessarily coincide with a state’s borders and may encompass vast areas
of the high seas, or in some instances, territorial land masses of (an)other state(s).
Without compromising a state’s sovereignty over its territory, such airspaces should be
determined solely by operational, technical and safety considerations – not political
ones. Sectors may be established within flight information region regions rather than
proliferating more flight information regions.
Most flight information regions (or upper information regions) presently have upper vertical
limits designated as “Unlimited”. However application of such upper airspace limits is not
practical and is thus not exercised in practice (for example, the Space Shuttle – in outer
space – does not get clearance from authorities in Timbuktu to overfly Mali on each orbit of
the Earth, or anyone from else for that matter).
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED      October 2015
AL-04 Air Navigation Services - Supplementary Reading
Until recently, conventional airliners have not usually flown above 45,000 feet although they
are starting to do so – late model business jets can be found cruising above 50,000 feet and
the upper limit of upper control areas in Europe have been increased from FL460 to FL660,
and in North America to FL600 (Concorde while in service could fly at 55,000 feet and
military Blackbird spy planes could fly above 100,000 feet).
The advent of sub-orbital commercial air transportation however may stimulate further
developments; the first passenger flights (on Virgin Galactic) were due to take place in 2007
(although these would appear to have been delayed).
‘Space Traffic Management’ may thus perhaps be an interesting future exercise with
implications for vehicle re-entry integration into lower airspaces, air routes and traffic
patterns, and for conventional landings at designated space ports which must ideally be
situated in equatorial environs (which are not always heavily populated locations).
Signatories to the Chicago Convention (i.e. Contracting States) are obliged to provide in
their respective territory various aeronautical services and air navigation facilities (Article
28), in accordance with standards and recommended practices dealing with (Article 37)
rules of the air and air traffic control practices etc as adopted in Annexes to the
Convention (Article 54L).
A recent ruling by a German court determined that state responsibilities applied in relation to
the Ueberlingen air disaster (refer to the related article in this paper). The ruling concerned
air traffic control service provision and territorial issues; these were direct consequences of
aviation legislation aspects.
Acknowledgement:
Much of the material in this paper was extracted from various Wikipedia internet entries.
1
   In 2001, a United States Navy EP-3C Aries II (Orion) electronic surveillance aircraft – allegedly eavesdropping – claimed to be exercising
its right to fly over international waters some 70 NM from Hainan island when it was intercepted by Chinese People’s Liberation Air Force
F-8 (MiG-21) jets, one of which crashed after buzzing and apparently hitting the Aries or flying in its slipstream. The UN Law of the Sea
details a state’s territorial waters as the “12 mile limit” with a further 12 mile “contiguous zone” within which vessels or aircraft must not
conduct activity inconsistent with ‘innocent passage’. See UNCLOS III entry in this paper.
1n 1981, two US Navy F-14 Tomcats exercised their claimed right to fly over the high seas in the Gulf of Sidra in the Mediterranean Sea.
The Libyan government had arbitrarily demarcated a ‘line of death’ not to be crossed, claiming the Gulf as territorial waters. The F-14s were
intercepted by armed Libyan Su-22 Fitter fighters that were both shot down. A similar event occurred in 1989 when armed MiG-23 Flogger
fighters intercepted two more F-14s under similar circumstances with the same results.
         © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                            October 2015
AL-04 Air Navigation Services - Supplementary Reading
The United Nations Convention on International Civil Aviation was signed at Chicago IL,
United States of America, 7th December 1944. This Convention established the International
Civil Aviation Organization, a United Nations agency. See articles 1, 2 and 3, in particular for
contextual relevance to parts of this paper.
Sovereign
Sovereign may refer to:
Sovereignty, a philosophical concept or state.
Sovereignty
Sovereignty is the exclusive right to exercise supreme political (e.g. legislative, judicial,
and/or executive) authority over a geographic region, group of people, or oneself.
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED          October 2015
AL-04 Air Navigation Services - Supplementary Reading
Territorial sovereignty
Following the Thirty Years' War, a European religious conflict that embroiled much of the
continent, the Peace of Westphalia in 1648 established the notion of territorial sovereignty as
a doctrine of non-interference in the affairs of other nations.
The 1789 French revolution shifted the possession of sovereignty from the sovereign ruler to
the nation and its people.
State
A state is a set of institutions that possess the authority to make the rules that govern the
people in one or more societies, having internal and external sovereignty over a definite
territory. Following Max Weber's influential definition, a state has a 'monopoly on legitimate
violence'. Hence the state includes such institutions as the armed forces, civil service or
state bureaucracy, courts, and police. For theorists of international relations, recognition of
the state's claim to independence by other states, enabling it to enter into international
engagements, is key to the establishment of its sovereignty.
In casual usage, the terms “country”, “nation”, and “state” are often used as if they were
synonymous; but in a more strict usage they are distinguished:
• country is the geographical area
• nation designates a people, however national and international both confusingly refer as
well to matters pertaining to what are strictly states, as in national capital, international law
• state refers to set of governing institutions with sovereignty over a definite territory.
State Aircraft
The eleventh session of the [Eurocontrol] Provisional Council, composed of civil and military
representatives, endorsed the principles used to identify State Aircraft for ATM purposes.
"The Civil-Military Interface Standing Committee (CMIC) identified the need to clarify what
would be considered as State Aircraft within the context of European Air Traffic
Management, particularly in relation to exemption policies and special procedures. In
formulating the principles, careful consideration was given not to interfere with the general
provisions of the Chicago Convention, article 3b, and to fully preserve the sovereignty of
every State to define what State Aircraft are within their national borders. The sole purpose
of the principles are to give clear guidance to the Air Navigation Service Providers on what
constitutes State Aircraft in the European ATM environment."
For ATM purposes and with reference to article 3(b) of the Chicago Convention, only aircraft
used in military, customs and police services shall qualify as State Aircraft. Accordingly:
       Civil registered aircraft used in military, customs and police service shall not
        qualify as State Aircraft.
       © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED           October 2015
AL-04 Air Navigation Services - Supplementary Reading
Airspace
Airspace means the portion of the atmosphere controlled by a
particular country on top of its territory and territorial waters or,
more generally, any specific three-dimensional portion of the
atmosphere.
Airspace is divided into two basic types:
• Controlled airspace exists where it is deemed necessary that
air traffic control has some form of positive executive control
over aircraft flying in that airspace [in the EU, upper control area
now extends from 24,500 feet to 66,000 ft (some states might
still use 46,000 feet as the upper limit- others have adopted
60,000 feet]
• Uncontrolled airspace is airspace in which air traffic control
does not exert any executive authority, although it may act in an
advisory manner as an interim measure where designated.
Airspace may be further subdivided into a variety of areas and
zones, including zones where there are either restrictions on
flying activities or complete prohibition of flying activities.
Kármán line
The (Von) Kármán line is an internationally designated altitude
commonly used to define outer space. According to definitions
by the Fédération Aéronautique Internationale (FAI), the
Karman or Kármán line lies at a height of 100 km (about 62
miles) above Earth's surface (i.e. in technical terms 100 km
above mean sea level). It was named after Theodore von
Kármán. Around this altitude the Earth’s atmosphere becomes
negligible for aeronautic purposes, and there is an abrupt
increase in atmospheric temperature and interaction with solar
radiation.
Stratosphere
The stratosphere is a layer of Earth’s atmosphere that is
stratified in temperature, with warmer layers higher up and
cooler layers farther down. This is in contrast to the troposphere
near the Earth's surface, which is cooler higher up and warmer
farther down. The stratosphere is situated between about 10 km
and 50 km altitude above the surface at moderate latitudes,
while at the poles it starts at about 8 km altitude. The
stratosphere sits directly above the troposphere and directly
below the mesosphere.
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED   October 2015
AL-04 Air Navigation Services - Supplementary Reading
An information service and alerting service are the basic levels of Air Traffic service,
providing information pertinent to the safe and efficient conduct of flights and alerting the
relevant authorities should an aircraft be in distress. These are available to all aircraft
through an FIR. Higher levels of Air Traffic Advisory and Control services may be available
within certain portions of airspace within an FIR, according to the ICAO class of that portion
of airspace (with regard to national regulations), and the existence of a suitably equipped
authority to provide the services.
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED       October 2015
AL-04 Air Navigation Services - Supplementary Reading
Territory
A territory is a defined area (including land and
waters), usually considered to be a possession of an
animal, person, organization, or institution (from the
word ‘terra’ meaning ‘land’).
In politics, a territory is an area of land under the
jurisdiction of a governmental authority. Territory
can, though, include any geographical area under
the jurisdiction of a sovereign and does not have a
political division status. The remainder of this article
deals with political territories.
Territorial waters
Map of Sealand and the United Kingdom, with
territorial water claims of 3 NM and 12 NM shown.
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                     October 2015
AL-04 Air Navigation Services - Supplementary Reading
Control over a contiguous zone an additional 12 nautical miles beyond its 12 nautical mile
territorial sea (totalling 24 miles from shore) is permitted by a coastal nation to “prevent
infringement of its customs, fiscal, immigration or sanitary laws and regulations”, which the
United States invoked on 24 September 1999. Thus a coastal nation has total control over
its internal waters, slightly less control over territorial waters, ostensibly even less control
over waters within the contiguous zone, and supposedly no control whatsoever over an
ocean beyond them (although it also has some rights concerning resources within its
exclusive economic zone).
Territorial waters claimed by one state are often disputed by another state. Territorial waters
have often been subject to arbitrary extension in order to encompass activities such as
offshore oil exploration, fishing rights (see Cod War) and to prevent pirate radio broadcasting
from artificial marine fixtures and anchored ships.
From the eighteenth century until the mid twentieth century, the territorial waters of the
British Empire, the United States, France and many other nations were three nautical miles
(6 km) wide. Originally, this was the length of a cannon shot, hence the portion of an ocean
that a sovereign state could defend from shore. However, Iceland claimed two nautical miles
(4 km), Norway claimed four nautical miles (7 km), and Spain claimed six nautical miles (11
km) during this period. During incidents such as nuclear weapons testing and fisheries
disputes some nations arbitrarily extended their maritime claims to as much as fifty or even
two hundred nautical miles! Since the late 20th century the “12 mile limit” has become almost
universally accepted. Britain extended her territorial waters from three to twelve nautical
miles in 1987.
Throughout this page, the numbers of nautical miles are exact legal definitions, whereas the
numbers of kilometres are only rough approximations which do not appear in any law or
treaty.
Innocent passage
Innocent passage is a concept in Admiralty law which allows for a vessel to pass through the
territorial waters of another state subject to certain restrictions. The United States
Department of Defense defines innocent passage as:
"The right of all ships to engage in continuous and expeditious surface passage through the
territorial sea and archipelagic waters of foreign coastal states in a manner not prejudicial to
its peace, good order, or security. Passage includes stopping and anchoring, but only if
incidental to ordinary navigation or necessary by force majeure or distress, or for the
purpose of rendering assistance to persons, ships, or aircraft in danger or distress."
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED         October 2015
AL-04 Air Navigation Services - Supplementary Reading
Historical background
The LOS was needed due to the weakness of the older ‘freedom of the seas’ concept, dating
from the 17th century: national rights were limited to a specified belt of water extending from
a nation's coastlines, usually three nautical miles (6 km), from the 'cannon shot' rule
developed by Cornelius Bynkershoek. All water beyond national boundaries was considered
international waters - free to all nations but belonging to none of them.
Into the 20th century many nations expressed a need to extend national claims: to include
mineral resources, to protect fish stocks and to have the means to enforce pollution controls.
This was recognized by the League of Nations and a conference was held in 1930 at The
Hague, but did not result in any agreements. One nation that undermined the ‘freedom of the
seas’ was the United States, when in 1945 President Truman unilaterally extended his
nation's control to cover all the natural resources of their continental shelf. Other nations
were quick to emulate the USA. Between 1946 and 1950, Argentina, Chile, Peru and
Ecuador all extended their sovereign rights to a 200 nautical mile (370 km) distance - so as
to cover their Humboldt Current fishing grounds.
Other nations extended their territorial seas to 12 nautical miles (22 km). By 1967 only 25
nations still used the old 3 nautical mile (6 km) limit, 66 nations had set a 12 nautical mile (22
km) territorial limit, and eight had set a 200 nautical mile (370 km) limit.
Although UNCLOS I was considered a success, it left open the important issue of breadth of
territorial waters.
The Second United Nations Conference on Law of the Sea (UNCLOS II)
The United Nations followed this in 1960 with its second Convention on the Law of the Sea
(“UNCLOS II”). UNCLOS II did not result in any international agreements.
The Third United Nations Conference on Law of the Sea (UNCLOS III)
The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo
and in 1973 the Third United Nations Conference on the Law of the Sea was convened in
New York to write a new treaty covering the oceans. The conference lasted until 1982 and
over 160 nations participated. The conference was conducted under a process of consensus
rather than majority vote in an attempt to reduce the possibility of groups of nation-states
dominating the negotiations. The convention came into force on November 14, 1994, one
year after the sixtieth state, Guyana, signed it.
The convention introduced a number of provisions. The most significant issues covered were
setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones
(EEZ), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection
of the marine environment, scientific research, and settlement of disputes.
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED         October 2015
AL-04 Air Navigation Services - Supplementary Reading
The convention set the limit of territorial waters to 12 nautical miles (22 km), in which area
the coastal state is free to set laws, regulate any use, and use any resource. Vessels were
given the right of "innocent passage" through any territorial waters, with strategic straits2
allowing the passage of military craft as "transit passage", in that naval vessels are allowed
to maintain postures that would be illegal in territorial waters.
Beyond the 12 nautical mile (22 km) limit there was a further 12 nautical mile (22 km) or 24
nautical miles (44 km) from the territorial sea baselines limit, the “contiguous zone”, in which
area a state could continue to enforce laws regarding activities such as smuggling or illegal
immigration.
The exclusive economic zones (EEZ) extended the exploitation rights of coastal nations to
200 nautical miles (370 km) from shore, covering all natural resources. The EEZ were
introduced to halt the increasingly heated clashes over fishing rights, although oil was also
becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947
was soon repeated elsewhere in the world, By 1970 it was technically feasible to operate in
waters 4000 metres deep.
The convention set the definition of Archipelagic States in Part IV, which also define how the
state can draw its territorial borders. A baseline is drawn between the outermost points of the
outermost islands. All waters inside this baseline is described as Archipelagic Waters and
are included as part of the state's territory. This baseline is also used to chart its territorial
waters 12 nautical miles (22 km) from the baseline and EEZ 200 nautical miles (370 km)
from the baseline.
Aside from its provisions defining ocean boundaries, the convention establishes general
obligations for safeguarding the marine environment and protecting freedom of scientific
research on the high seas, and also creates an innovative legal regime for controlling
mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an
International Seabed Authority.
Landlocked states are given a right of access to and from the sea, without taxation of traffic
through transit states.
2
 For example, allied warships routinely transit the Straits of Malacca and the Taiwan Strait, exercising their rights to do so for naval
purposes.
         © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                              October 2015
AL-04 Air Navigation Services - Supplementary Reading
International waters
The terms international waters or transboundary waters apply where any of the following
types of bodies of water (or their drainage basins) transcend international boundaries:
oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries,
rivers, lakes, groundwater systems (aquifers), and wetlands.
Oceans and seas, waters outside of national jurisdiction are also referred to as the High
Seas or Mare liberum.
Ships sailing the high seas are generally under flag state jurisdiction. In the case of piracy or
slave trade, any nation can exercise jurisdiction.
International waterways
Several international treaties have established freedom of navigation on semi-enclosed
seas.
• The Copenhagen Convention of 1857 opened access to the Baltic by abolishing the Sound
Dues and making the Danish Straits an international waterway free to all military and
commercial shipping.
• Several conventions have opened the Bosporus and Dardanelles to shipping. The latest,
the Montreux Convention Regarding the Regime of the Turkish Straits maintains the straits’
status as an international waterway.
Waterbody-specific Agreements
• Baltic Sea (Helsinki Convention on the Protection of the Marine Environment of the Baltic
Sea Area, 1992)
• Black Sea (Bucharest Convention,1992), see also the Black Sea Commission;
• Caspian Sea (Framework Convention for the Protection of the Marine Environment of the
Caspian Sea, 2003)
• Lake Tanganyika (Convention for the Sustainable Management of Lake Tanganyika, 2003)
Marine Institutions
• The International Maritime Organization (IMO)
• The UNEP Regional Seas Programme
• The UNESCO Intergovernmental Oceanographic Commission (IOC)
• The International Ocean Institute (IOI)
• The World Conservation Union Global Marine Program (GMP)
See also:
• Hugo Grotius
• Freedom of the seas
Outer space
Outer space, also simply called space, refers to the relatively empty regions of the universe
outside the atmospheres of celestial bodies. Outer space is used to distinguish it from
airspace (and terrestrial locations). Contrary to popular understanding, outer space is not
completely empty but contains a low density of particles, predominantly hydrogen gas as
well as electromagnetic radiation.
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Earth's boundary
There is no discrete boundary between the Earth's atmosphere and space as the
atmosphere gradually attenuates with increasing altitude.
If the atmosphere had a constant temperature, its pressure would decrease exponentially
from a sea-level value of 100 kPa (1 bar) toward its final value of zero.
The Federation Aeronautique Internationale has established the Kármán line at an altitude of
100 km (62 miles) as a working definition for the boundary between atmosphere and space.
The United States designates people who travel above an altitude of 50 miles (80 km) as
astronauts. During re-entry, 400,000 feet (75 miles or 120 km) marks the boundary where
atmospheric drag becomes noticeable.
Space law
Space law is an area of the law that encompasses national and international law governing
activities in outer space. International lawyers have been unable to agree on a uniform
definition of the term "outer space," although most lawyers agree that outer space generally
begins at the lowest altitude above sea level at which objects can orbit the Earth,
(approximately 100 km). The inception of the field of space law began with the launching in
October of 1957 of the world's first satellite, the Union of Soviet Socialist Republic’s Sputnik.
In 1958, U.S. President Dwight D. Eisenhower and Soviet Premier Nikita Khrushchev each
asked the United Nations to consider the legal issues associated with space activity. The
U.N. subsequently created the Committee on the Peaceful Uses of Outer Space (COPUOS).
COPUOS in turn created two subcommittees, the Scientific and Technical Subcommittee
and the Legal Subcommittee. The COPUOS Legal Subcommittee has been the primary
forum for discussion and negotiation of international agreements relating to outer space.
International Treaties
Five international treaties have been negotiated and drafted in the COPUOS: the 1967
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer
Space, Including the Moon and Other Celestial Bodies (the “Outer Space Treaty”), the 1968
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects
Launched into Outer Space (the “Rescue Agreement”), the 1973 Convention on International
Liability for Damage Caused by Space Objects (the “Liability Convention”), the 1976
Convention on Registration of Objects Launched Into Outer Space (the "Registration
Convention"), and the 1979 Agreement Governing the Activities of States on the Moon and
Other Celestial Bodies (the “Moon Treaty”). The Outer Space Treaty is the most widely-
adopted treaty, with 98 parties. The Rescue Agreement, the Liability Convention and the
Registration Convention all elaborate on provisions of the Outer Space Treaty. U.N.
delegates apparently intended that the Moon Treaty serve as a new comprehensive treaty
which would supersede or supplement the Outer Space Treaty, most notably by elaborating
upon the Outer Space Treaty’s provisions regarding resource appropriation and prohibition
of territorial sovereignty. The Moon Treaty has only 12 parties, and many consider it to be a
failed treaty due to its limited acceptance.
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History
U.S. President Dwight D. Eisenhower introduced the concept in 1957, in connection with
disarmament talks, and the launch of the first Russian space satellite.
Multilateral treaties
• The nuclear test ban treaty of 1963 banned the test of nuclear weapons in outer space.
• The Outer Space Treaty of 1967 (full name: The Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies) governs the activities of states in space exploration.
• The rescue agreement of 1968 (The Agreement on the rescue of astronauts, the return of
astronauts and the return of objects launched into space).
• The liability convention of 1972 (the Convention on international liability for damages
caused by space objects) deals with damages caused by space objects.
• The registration convention of 1976 (the Convention on the registration of objects launched
into outer space) covers the registration of objects launched in outer space.
• The Moon Treaty of 1984 (the Agreement governing the activities of states on the Moon
and other celestial bodies) deals with the activities of states on the moon and other bodies.
The years of the different conventions and agreements indicate when they have entered into
force.
External links
• Space Law Probe
• International Space Law
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The term Aegean dispute refers to a set of interrelated controversial issues between
Greece and Turkey over sovereignty and related rights in the area of the Aegean Sea. This
set of conflicts has had a large effect on the relations between the two countries since the
1970s. This lead twice to crises coming close to the outbreak of military hostilities, in 1987
and in early 1996. The issues in the Aegean fall into several categories:
• The delimitation of the territorial waters
• The delimitation of the national airspace
• The delimitation of exclusive economic zones and the use of the continental shelf
• The delimitation of Flight Information Regions (FIR), and their significance for the control of
military flight activity
• The issue of the demilitarized status assigned to some of the Greek islands in the area
• The introduction by Ankara of the concept of “grey zones”, in describing its policy to dispute
the status of an undetermined number of islands and islets, with the small grazing islets of
Imia/Kardak being the best-known example.
Since 1998, the two countries have been coming closer to overcome the tensions through a
series of diplomatic measures, particularly with a view to easing Turkey's accession to the
European Union. However, as of 2006, differences over suitable diplomatic paths to a
substantial solution are still unresolved.
According to a popular perception of these issues in the two countries, Turkey is concerned
that Greece might be trying to extend its zones of influence to such a degree that it would
turn the Aegean effectively into a "Greek lake". Conversely, Greece is concerned that Turkey
might try to "occupy half of the Aegean", i.e. establish Turkish zones of influence towards the
middle of the Aegean, beyond the chain of outlying Greek islands, turning these into a kind
of exclave surrounded by Turkish waters, and thus cutting them off from their motherland.
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Tensions over the 12-mile (22.2 km) question ran highest between the two countries in the
early 1990s, when the Law of the Sea was going to come into force. On 9 June 1995, the
Turkish parliament officially declared that unilateral action by Greece would constitute a
casus belli, i.e. reason to go to war, by Turkey. This declaration has been condemned by
Greece as a violation of the Charter of the United Nations, which forbids "the threat or use of
force against the territorial integrity or political independence of any state".
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The conflicting views about air space have been one of the most frequent and long-standing
sources of military irritation between the two countries, as they give rise to regular incidents
between fighter jets of the two countries. Turkish air force jets routinely and demonstratively
fly in the outer 4-mile zone of contested airspace, while Greek air force jets routinely
intercept them and try to force them to leave. This leads to dangerous so-called “virtual
dogfights”, sometimes involving armed aircraft. During these activities a number of accidents
(mid-air collisions, aircraft crashes) and shoot-downs of Turkish jets have occurred.
The dispute between Turkey and Greece is to what degree the Greek islands off the Turkish
coast should be taken into account for determining the Greek and Turkish economic zones.
Turkey argues that the notion of "continental shelf", by its very definition, implies that
distances should be measured from the continental mainland, claiming that the sea-bed of
the Aegean geographically forms a natural prolongation of the Anatolian land mass. This
would mean for Turkey to be entitled to economic zones up to the median line of the Aegean
(leaving out, of course, the territorial waters around the Greek islands in its eastern half,
which would remain as Greek exclaves.) Greece, on the other hand, claims that all islands
must be taken into account on an equal basis. This would mean that Greece would gain the
economic rights to almost the whole of the Aegean.
In this matter, Greece has the UN Law of the Sea on its side, although the Convention
restricts the application of this rule to islands of a notable size, as opposed to small
uninhabitable islets and rocks. However, since Turkey has refused to join that convention,
Greece has no legal instrument to enforce its claim. For this reason, this is the only one of all
the Aegean issues where Greece has officially acknowledged that Turkey has legitimate
interests that might require some international process of arbitration or compromise between
the two sides.
Tensions over the continental shelf were particularly high during the mid-1970s and again
the late 1980s, when it was believed that the Aegean Sea might hold rich oil reserves.
Turkey at that time conducted exploratory oceanographic research missons in parts of the
disputed area. These were perceived as a dangerous provocation by Greece, which led to a
buildup of mutual military threats in 1976 and again in 1987. The issue has since lost some
of its importance, as it is now believed that the oil expectations of the time were
exaggerated.
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Military overflights
The current (as of 2006) controversy over the FIR relates to the question whether the Greek
authorities have a right to oversee not only civil but also military flight activities in the
international parts of the Aegean airspace. According to common international practice,
military aircraft normally submit flight plans to FIR authorities when moving in international
airspace, just like civil aircraft. Turkey, concerned that Greece might misuse its civil
regulation authority in order to gain a tactical military advantage, refuses to do so. Turkey
cites the charter of the ICAO from 1948, which explicitly restricts the scope of its regulations
to civil aircraft, arguing that therefore the practice of including military aircraft in the same
system is strictly optional. Greece, in contrast, argues that it is obligatory, on the basis of
later regulations of the ICAO in the interest of civil aviation safety.
This disagreement has led to similar practical consequences as the issue of 6 vs. 10 miles of
national airspace, as Greece considers all Turkish military flights not registered with its FIR
authorities as transgressions of international air traffic regulations, and routinely has its own
air force jets intercepting the Turkish ones, claiming that this is in the interest of aviation
safety. In popular perception in Greece, the issue of allegedly illegal Turkish flights in the
international part of Athens FIR is often confused with that of the Turkish intrusions in the
disputed outer 4-mile (7.4 km) belt of Greek airspace. However, in careful official usage,
Greek authorities and media distinguish between “violations” ("παραβιάσεις") of the national
airspace, and “transgressions” ("παραβάσεις") of traffic regulations, i.e. of the FIR.
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One of the routine interception manoeuvres led to a fatal accident on May 23rd 2006. Two
Turkish F-16s and one reconnaissance F-4 were flying in the international airspace over the
southern Aegean at 27,000 feet without having submitted flight plans to the Greek FIR
authorities. They were intercepted by two Greek F-16s off the coast of the Greek island
Karpathos. During the ensuing mock dog fight, a Turkish F-16 and a Greek F-16 crashed
midair. The pilot of the Turkish plane survived the crash, but the Greek pilot died. The
incident also highlighted another aspect of the FIR issue, a dispute over conflicting claims to
responsibility for maritime search and rescue operations. The Turkish pilot reportedly
refused to be rescued by the Greek forces that had been dispatched to the area; some
journalists also claim that he even threatened the rescuers with his personal handgun
(although this claim is disputed by the Turkish authorities who remark that Turkish pilots do
not carry handguns during flights). He was later rescued by a Panama registered civilian
vessel. Although initially the event caused some excitement both in Turkey and Greece,
calm responses from the militaries and governments of both sides prevented a crisis. Both
sides expressed their wish to quickly realize an earlier plan of establishing a direct hotline
between the air force commands of both countries in order to prevent escalation of similar
situations in the future.
The islands
While all the issues described so far are related to zones of influence at sea or in the air,
there have also been a number of disputes related to the territories of the Greek islands
themselves. These have related to the demilitarized status of some of the main islands in the
area; to Turkish concerns over alleged endeavours by Greece to artificially expanding
settlements to previously uninhabited islets; and to the existence of alleged “grey zones”, an
undetermined number of small islands of undetermined sovereignty.
Demilitarised status
Several of the Greek islands in the eastern Aegean have at various times during the 20th
century been placed under a status of demilitarization. This was done, after the decades-
long period of wars between Greece and Turkey which culminated in the Greco-Turkish War
(1919-1922), in order to ease possible Turkish fears of further Greek expansionism. After the
Cyprus crisis of 1974, Greece proceeded to break the demilitarized status of these islands,
at first secretly but later openly too, claiming an inalienable right to defend itself against
Turkish aggression. Turkey, on the other hand, denounces this as an aggressive act by
Greece and as a breach of international treaties. From a legal perspective, three groups of
islands may be distinguished: (a) the islands right off the Turkish Dardanelles straits, i.e.
Lemnos and Samothrace; (b) the Dodecanese islands in the southeast Aegean; and (c) the
remaining northeast Aegean islands (Lesbos, Chios, Samos, and Ikaria).
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The Dodecanese
These islands were placed under a demilitarization statute after the Second World War by
the Treaty of peace with Italy (1947), when Italy ceded them to Greece. Italy had previously
not been under any obligation towards Turkey in this respect. Turkey, in turn, was not a party
to the 1947 treaty, having been neutral during WWII. Greece therefore holds that the
obligations it incurred towards Italy and the other parties in 1947 are res inter alios acta for
Turkey, and that Turkey thus cannot base any claims of its own on them. Turkey argues that
the demilitarization agreement constitutes a so-called status treaty (an objective régime),
where according to general rules of treaty law such an exclusion does not hold.
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Grey zones
Imia/Kardak
The first time a dispute between the two countries in the Aegean touched on questions of
actual sovereignty over territories was in early 1996, on the occasion of a naval havary at the
tiny barren islets of Imia/Kardak, situated between the Dodecanese island chain and the
Turkish mainland. The conflict was originally caused by factual inconsistencies between
maps of the area, some of which assigned these islets to Greece, others to Turkey. The
media of the two countries took up the issue and gave it a nationalistic turn, before the two
governments even had the time to come to a full technical understanding of the true legal
and geographical situation. Both governments were then forced prematurely to adopt an
intransigent stance, publicly asserting their own claims of sovereignty over the islets, in order
to save face. The result was military escalation, which was perceived abroad as quite out of
proportion with the size and significance of the rocks in question. The two countries were at
the brink of war for a few days, until the crisis was defused with the help of foreign
mediation.
During the crisis and in the months following it, both governments were busy elaborating
legal arguments for why each considered the islets their own. The arguments exchanged
concerned the interpretation of the Treaty of Lausanne of 1923, which forms the principal
basis for the legal status of territories in most of the region, as well as certain later diplomatic
dealings between Turkey, Greece and Italy.
Since then, Turkish authorities have spoken of “grey zones” of undetermined sovereignty,
i.e. of islets whose possession has never been validly transferred away from Turkey.
However, Turkey has not attempted to factually seize possession of any of them. In fact, the
Turkish government has avoided stating exactly which islets it wishes to include in this
category. At various occasions, Turkish sources have indicated that islands such as
Pserimos, Agathonisi, Fournoi and Gavdos (situated south of Crete) might be included. A
recent publication by Turkish scholars lists the following (among other, even smaller ones):
• Kalogeroi,
• Antipsara (west of the islands of Psara and Khios),
• Pontiko (between Samos and the Turkish coast),
• Fournoi,
• Arkoi,
• Agathonisi (Gaidaros),
• Pharmakonisi,
• Kalolimnos (near Imia/Kardak),
• Pserimos,
• Gyali (between Kos and Nisiros),
• Kandheliousa (south of Kos),
• Sirina (SE of Astipalia)
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The issue of “grey zones” has added yet another source for occasional military irritation, in
addition to the 10-mile (18.5 km) airspace and the FIR. According to some reports, the
Turkish airforce has adopted a policy of ignoring Greek claims to all air-space and territorial
waters around such formations that it counts as “grey zones”. This has occasioned Greek
accusations that Turkish fighter planes are violating not only the outer zones of maritime
airspace, but even the airspace directly over Greek islands themselves.
These disputes are largely limited to the internal politics and academics of Turkey, and are
not typically an issue in Greece itself nor in the international community—these islands are
all internationally recognized as part of Greece.
For years, the Aegean dispute has been a matter not only about conflicting claims of
substance. Rather, proposed strategies of how to resolve the substantial differences have
themselves constituted a matter of heated dispute. Whereas Turkey has traditionally
preferred to regard the whole set of topics as a political issue, requiring political negotiation,
Greece has insisted to treat them as strictly separate and purely legal issues, requiring only
the application of existing principles of international law. Turkish advances towards direct
negotiation, with a view to establishing what it would regard as an equitable compromise,
have been vehemently rejected by Greece. Greece refuses to accept any process that would
put it under pressure to engage in a give-and-take over what it perceives as inalienable and
unnegotiable sovereign rights. Up to the late 1990s, the only avenue of conflict resolution
that Greece deemed acceptable was to submit the issues separately to the International
Court of Justice in The Hague.
The resulting tactical stalemate between both sides was partially changed after 1999, when
the European summit of Helsinki opened up a path towards Turkey’s accession to the EU. In
the summit agreement, Turkey accepted an obligation to solve its bilateral disputes with
Greece before actual accession talks would start. This was perceived as giving Greece a
new tactical advantage over Turkey in determining which paths of conflict resolution to
choose. During the following years, both countries held regular bilateral talks on the level of
technical specialists, trying to determine possible future procedures. According to press
reports, both sides seemed close to an agreement about how to submit the dispute to the
court at The Hague, a step which would have fulfilled many of the old demands of Greece.
However, a newly elected Greek government under Kostas Karamanlis, soon after it took
office in March 2004, opted out of this plan, because Ankara was insisting that all the issues,
including Imia/Kardak and the “grey zones”, belonged to a single negotiating item. Athens
saw them as separate. However, Greek policy remained at the forefront in advocating closer
links between Ankara and the EU. This resulted in the European Union finally opening
accession talks with Turkey without its previous demands having been fulfilled.
As at2006, while military tensions around the dispute has abated, it remains unresolved.
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“In a commentary piece, FTD writes that the ATC was a sovereign task where the
government could not only cede this task to a foreign operator by a single agreement.
However, this was exactly what the government had done, instead of making a
contract under constitutional law with Switzerland regarding the ATC.
The judgement of the District Court was comprehensible since Germany was a country
where every single bagatelle was assured. The paper reports that this was not the definitive
off for the DFS privatization, contrary to overhasty conclusions of some opponents. The
Court found the Skyguide operation illegal; however, this was not comparable with the
privatization model since the government kept hold on blocking minority and special rights.
After all, the Constitutional Court would decide whether the government may cede this
sovereign task to a private company. In the sense of the project, it was not doubted whether
a privatized ATC could provide the same security as a governmental office.”
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CHAPTER 2. GENERAL
2.1.1 Contracting States shall determine, in accordance with the provisions of this Annex
and for the territories over which they have jurisdiction, those portions of the airspace and
those aerodromes where air traffic services will be provided.
They shall thereafter arrange for such services to be established and provided in accordance
with the provisions of this Annex, except that, by mutual agreement, a State may delegate to
another State the responsibility for establishing and providing air traffic services in flight
information regions, control areas or control zones extending over the territories of the
former.
Note.- If one State delegates to another State the responsibility for the provision of air traffic
services over its territory, it does so without derogation of its national sovereignty.
Similarly, the providing State's responsibility is limited to technical and operational
considerations and does not extend beyond those pertaining to the safety and expedition of
aircraft using the concerned airspace. Furthermore, the providing State in providing air
traffic services within the territory of the delegating State will do so in accordance with the
requirements of the latter which is expected to establish such facilities and services for the
use of the providing State as are jointly agreed to be necessary. It is further expected that
the delegating State would not withdraw or modify such facilities and services without prior
consultation with the providing State. Both the delegating and providing States may
terminate the agreement between them at any time.
2.1.2 Those portions of the airspace over the high seas or in airspace of undetermined
sovereignty where air traffic services will be provided shall be determined on the basis of
regional air navigation agreements. A Contracting State having accepted the responsibility
to provide air traffic services in such portions of airspace shall thereafter arrange for the
services to be established and provided in accordance with the provisions of this Annex.
Note 1.- The phrase “regional air navigation agreements” refers to the agreements approved
by the Council of ICAO normally on the advice of Regional Air Navigation Meetings.
Note 2.- The Council, when approving the Foreword to this Annex, indicated that a
Contracting State accepting the responsibility for providing air traffic services over the high
seas or in airspace of undetermined sovereignty may apply the Standards and
Recommended Practices in a manner consistent with that adopted for airspace under its
jurisdiction.
2.1.3 When it has been determined that air traffic services will be provided, the States
concerned shall designate the authority responsible for providing such services.
Note 1.- The authority responsible for establishing and providing the services may be a State
or a suitable Agency.
Note 2.- Situations which arise in respect of the establishment and provision of air traffic
services to either part or whole of an international flight are as follows:
Situation 1: A route, or portion of a route, contained within airspace under the sovereignty of
a State establishing and providing its own air traffic services.
Situation 2: A route, or portion of a route, contained within airspace under the sovereignty of
a State which has, by mutual agreement, delegated to another State, responsibility for the
establishment and provision of air traffic services.
Situation 3: A portion of a route contained within airspace over the high seas or in airspace
of undetermined sovereignty for which a State has accepted the responsibility for the
establishment and provision of air traffic services.
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For the purpose of this Annex, the State which designates the authority responsible for
establishing and providing the air traffic services is:
 in Situation 1: the State having sovereignty over the relevant portion of the airspace;
 in Situation 2: the State to whom responsibility for the establishment and provision of air
    traffic services has been delegated;
 in Situation 3: the State which has accepted the responsibility for the establishment and
    provision of air traffic services.
2.1.4 Where air traffic services are established, information shall be published as necessary
to permit the utilization of such services.
3
    This article confuses sovereign territory and adjacent territorial waters with the high seas covering economic exclusion zones
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move fast as all submissions must be presented by 2009. Today, the commission is not yet
overloaded but about 60 requests could be submitted by coastal states by 2009, he said.
New Zealand, Brazil and Australia are currently preparing submissions of their own.
Many countries will be scrambling to capture as much area as possible as the economic
rewards could be huge.
Countries will have exclusive rights to exploit “hydrocarbons, minerals, living species on the
ocean floor and bacteria for use in biotechnology” Roest explained.
Fishing rights though will remain limited to within 200 nautical miles from the coast, he
added.
What is the definition of outer space? Or, more specifically, what is the difference between
national air space and outer space? The air space over each national territory is subject to
that country’s sovereign control. In outer space, claims of national sovereignty have been
prohibited. How is one to be distinguished from the other? The question has received much
attention in recent years, and many proposals on how it might be resolved have been put
forward. A great deal has also been written on the subject, and several publications of the
United Nations have discussed it at some length. As yet, no consensus has emerged.
However, the progress of technology may make some solution more urgent in coming years.
An arbitrary decision may be the only feasible answer.
National sovereignty over air space is a primary feature of the international agreements
regarding aviation. The Convention on the Regulation of Aerial Navigation, signed in Paris
on 13 October 1919, provided in Article I that “. . . .every Power has complete and exclusive
sovereignty over the air space above its territory.” The basic agreement governing postwar
civil aviation, namely, the Convention on International Civil Aviation, signed at Chicago on 7
December 1944, reiterates the same principle, in virtually identical language.
In direct contrast, claims of exclusive national sovereignty in outer space are prohibited by
international agreement. The Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, was
concluded in 1967 under the aegis of the United Nations. Article II provides that:
 outer space, including the Moon and other celestial bodies, is not subject to national
    appropriation by claim of sovereignty, by means of use or occupation or by any other
    means.
International agreements are also developing rules of law for outer space. The Outer Space
Treaty itself (Article IV, paragraph 1) pledges the signatories “not to place in orbit around the
Earth any objects carrying nuclear weapons or any other kinds of weapons of mass
destruction, install such weapons on celestial bodies, or station weapons in outer space in
any other manner.” It also bans military bases, weapons testing, and military manoeuvres
from celestial bodies. The 1963 limited test-ban treaty prohibited nuclear explosions in outer
space, as well as in the atmosphere and under water. In 1968, the Agreement on the
Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched in
Outer Space was concluded. A convention dealing with liability for damage caused by
objects launched into outer space is also being negotiated.
The actual practice of nations also indicates a difference between national air space and
outer space. Hundreds of objects have now been launched into orbit around the earth; in
recent years no nation has protested such passage over its territory as violating its
sovereignty. In fact, no nation has explicitly reserved its position concerning the passage
over its territory of a space object of another country. On the other hand, no nation has been
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willing to limit its air space to a specific height; to do so would define the upward extent of its
sovereignty and, implicitly or explicitly, the lower limit of what it considered to be outer space.
There are two general schools of thought regarding the need for and desirability of arriving
soon at a clear line of demarcation between air space and outer space. One approach cites
the need to delimit the legally binding obligations regarding the activities and authority of
nations in outer space and air space, respectively. Without such a demarcation, it is
contended, there will arise, as technology advances, disputes regarding the extent and
nature of the obligations nations have assumed in the international agreements related to
outer space. Similarly, without agreed definitions, a nation could assert claims of sovereignty
that would interfere with space activities desired by many other countries.
The other approach argues that there is no evidence that a demarcation line is needed and
that to set one now would be premature and possibly counterproductive. The proponents of
this point of view call attention to the rapid pace of space technology and the practical
uncertainties regarding the characteristics of feasible and desirable space activities. Trying
to set a boundary now, they feel, would risk getting it too high or defined in a way that might
turn out to be detrimental to future space activities. (Implicit in this viewpoint, there seems to
be the expectation that the later agreement is reached, the more likely the boundary is to be
set lower than it would be at present.) Those who endorse a cautious approach note that the
lack of specific agreement has not led to any international difficulties and does not seem
likely to. They also suggest that the effort to establish a definitive boundary could, itself, lead
to controversy and confusion, as has happened in regard to the demarcation between
territorial waters and the high seas.
Why not simply set the dividing line between air and outer space at the upper limit of the
atmosphere? That would probably be one of the first questions by a layman. Furthermore,
the international conventions that regulate aircraft seem to suggest this concept in their use
of such terms as “air,” “atmosphere” and “atmospheric” space. The practical difficulty,
however, is that the earth’s atmosphere does not end abruptly; it gradually transforms into
outer space. Some estimates place the altitude at which air space ceases well beyond the
orbits of some existing earth satellites. In fact, there is no scientific agreement on the altitude
at which air space ceases.
The troposphere, the layer nearest the surface of the earth, extends up to about 9 to l0½
miles at the equator and 6 to 7 miles at the poles. It is the layer in which weather
phenomena occur, and it is the field of operation for conventional aviation. The troposphere
contains three-fourths of all the air surrounding the earth.
Most of the rest of the air in the atmosphere is contained in the next layer, called the
stratosphere. It is above the weather and is reached only by the most advanced aircraft and
research balloons. Its upper limit is about 25 miles. The troposphere and stratosphere
contain about 99.7 percent of the air.
A third layer, called the mesosphere, extends to about 50 miles, and beyond that is the
ionosphere. The latter is sparsely occupied by gas particles, less dense than the most
complete vacuum that can be achieved on earth. The upper limit of the ionosphere is not
defined.
The major difficulty in trying to define a boundary by utilizing the characteristics of the
atmosphere is the lack of uniform criteria. The physical characteristics of the atmosphere
and of the various layers can be judged by a variety of criteria, such as the composition of
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED          October 2015
AL-04 Air Navigation Services - Supplementary Reading
the gases, their densities and their temperatures. These properties are not uniform at a
certain altitude. They can also vary with solar activity, time of day, season, region, and other
circumstances. The boundaries between the layers of the atmosphere are thus not precise,
uniform in height above the earth, or constant. Nor is it possible, because of the variance in
the properties of the atmosphere, to arrive at any other boundary between air and outer
space that would be precise, uniform, and constant.
The layman, faced with these scientific difficulties, might suggest using the characteristics of
aircraft flight to arrive at an adequate boundary. Surely, he might think, we can define the
height at which aircraft can actually fly, and everything above that could be considered outer
space. The Council of the International Civil Aviation Organization (ICAO) defines an aircraft
as “any machine that can derive support in the atmosphere from the reactions of the air
other than the reactions of the air against the earth’s surface.” The maximum altitude at
which a machine can derive support from the reactions of the air is presently estimated at
about twenty one miles by the ICAO Secretariat.
One of the most widely discussed proposals for a demarcation between air space and outer
space is that it be established at the altitude where aerodynamic lift yields to centrifugal
force, what is known as the “Von Kármán line.” To accomplish aerial flight, weight equals
aerodynamic lift plus centrifugal force. Aerodynamic lift decreases with altitude because of
the decreasing density of the air. Beyond zero airlift, centrifugal force takes over.
This approach also involves several difficulties that seem to preclude a uniform and constant
boundary. The theoretical limit of the height of air flight may increase as the result of such
developments as improved cooling techniques or more heat-resistant materials. The
aerodynamical forces also vary with the character and speed of the specific object involved.
Moreover, the density of the atmosphere itself is not constant but is subject to a variety of
fluctuations, as already noted.
If an approach based on the characteristics of the atmosphere and aircraft is not adequate,
how about tackling the problem from the other side, that of outer space? For instance, could
not outer space be defined as everything beyond the lowest point (perigee) of an orbiting
satellite? At a certain altitude, the earth’s atmosphere is too dense for an artificial satellite to
stay in orbit. The lowest perigee approach would have the advantages of being in accord
with existing practices in orbiting satellites and with the attitudes of countries toward objects
in earth orbit.
The International Law Association (not an intergovernmental body) did adopt in 1968 a
definition of outer space as the space beyond the lowest perigee reached by any satellite
placed in orbit before 27 January 1967, the date on which the Outer Space Treaty was
opened for signature. The Association, however, added that this definition was without
prejudice to the possibility of including later any part of the space below that perigee.
The association’s added qualification indicates one of the difficulties in this approach. The
perigee of a durable satellite orbit at present is about 95 to 100 miles. However,
improvements in space flight technology, such as orbiting with continuing rocket thrust, may
lower this perigee to 70-75 miles. That large an element of legal uncertainty would hardly be
compatible with a definition seeking to determine national sovereignty over air space.
Another problem with this definition involved the practical questions of who determined
precisely the lowest perigee of a satellite before 27 January 1967 and whether it was an
active satellite or a piece of space debris.
More generally, this approach also fails to provide a precise and continuing boundary
because, scientifically speaking, no precise altitude can be determined as the single lowest
possible perigee of any artificial satellite. Such a determination would depend on the
characteristics of the object and the atmosphere; and these vary, as already noted in
connection with aircraft.
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED           October 2015
AL-04 Air Navigation Services - Supplementary Reading
To try to meet these difficulties, a number of other approaches have been suggested. All,
however, seem to involve shortcomings of their own or do not solve all the problems that we
have noted. One suggestion has been to set the boundary at the point where the
gravitational pull of the earth ceases, this approach deriving from the idea that a nation’s
sovereignty need only extend to the height from which an object can be dropped on its
territory. However, gravity ceases very gradually at remote heights; it is not possible to
indicate an exact altitude where a boundary could be drawn based on the earth’s attraction.
And, even if one were feasible, it would probably be much too high; one calculation, for
instance, indicates that the earth’s attraction in relation to the moon is dominant up to some
205,000 miles, and much farther in relation to the sun. A further practical difficulty is that the
gravitational effect of the earth depends on the escape velocity of the object, which, of
course, can vary.
Another approach tries to overcome the difficulties in defining the outer limit of the
atmosphere by proposing an intermediate zone between air space and outer space. It has
been noted that, as a practical matter, there exists a buffer zone between, on the one hand,
the highest altitudes reached by balloons and aircraft and, on the other hand, the lowest
altitude at which satellites remain in orbit without any means of propulsion. Details vary, but
generally this proposal suggests an appropriate international regime in this area, between
the national sovereignty of air space and the freedom of outer space. One immediate
difficulty with this approach is that the present intermediate zone is likely to narrow with
technological developments and may well disappear entirely. More basically, the proposal
still does not solve the difficulties we have noted above in finding uniform and constant
criteria that would make possible precise dividing lines between the zones.
An effort has been made to get around all these problems of scientific definition by proposing
that the exclusive sovereignty of an underlying country should extend as high as it could
effectively apply its authority. This principle has often been asserted in efforts to analyse the
scope and effects of the international agreements governing civil aviation. However, it has
equally been challenged on the grounds it would produce unacceptable disparities, conflicts,
and uncertainties. Since nations are at widely different levels of scientific and technical
development, their air spaces would vary greatly. If each country were allowed to project its
sovereignty upward and sideward in accord with its effective power, conflicting claims would
seem highly likely to occur; and there would be no way to resolve them except naked power.
The criterion of effective power would also create marked uncertainties because sovereignty
would vary with the development of technology.
Another attempt to avoid the difficulties of spatial definitions proposes that a distinction be
made between aeronautical and astronautical activities, rather than trying to decide on a
demarcation between air space and outer space. The proponents of this approach argue
that a legal definition is usually needed to permit certain activities and prohibit others.
Accordingly, they feel that in regard to outer space activities, it would be better to seek this
objective, not by trying to set boundaries but by defining objectives and missions for space
vehicles. Their thought is that the important interests of all countries can be protected more
effectively, not by putting territorial limits to national sovereignty but by legally prohibiting
those actions in the course of space activities that would endanger these interests.
This approach proposes that astronautical activities should be subject to one and the same
legal regulation, irrespective of the altitude at which they are carried out. It would apply to
them the moment they leave the earth, in order to avoid a complicated determination of their
passing from one legal status to another. This concept stems from the belief that, as the
scope of international space law gradually extends, international regulation will have to
approach the launching pads. The only way to preserve the logical unity of legal regulation, it
is contended, is by dispensing with a demarcation in space and adopting a functional
criterion.
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED         October 2015
AL-04 Air Navigation Services - Supplementary Reading
However, there are difficulties with this approach, too. It is not always possible to distinguish
precisely between space activities and other activities. Using the purpose of each activity as
the criterion has been suggested; but often this could be ambiguous (e.g., an aircraft
equipped with scientific instruments to observe an eclipse, or balloons bearing instruments
for space observations). Moreover, the prospects of scientific and technical progress in the
development of aircraft and space vehicles make the practical problem of distinguishing
between them ever more complicated. Another intricate problem of potentially great scope is
how nations could differentiate between space activities at low altitudes and air activities, so
as to regulate each effectively and discretely.
About the only sound conclusion from a review of the various approaches to differentiating
between air space and outer space is that no fully satisfactory answer is in sight. In fact,
each of the approaches seems to have at least one serious defect. The problem has not
been a pressing one. Indeed, the many uncertainties and potential developments in space
activities have even suggested some wisdom in waiting until man’s abilities and needs in
space are much better defined.
However, technology is moving on. In the not too distant future, machines capable of flying
along a ballistic trajectory are expected to orbit the earth, fly in outer space and air space,
and make soft landings on the earth4. The space shuttle, which NASA hopes to make a
follow-on program to the projected Apollo and Skylab series, apparently will be such a
vehicle. Aeronautical researchers are reported to be thinking about a hypersonic transport
(HST) as a next step after the supersonic transport, for about the year 2000. Some of the
features being considered are described as “rocket-assisted take-offs” and “space vehicle-
like bursts beyond the atmosphere followed by semi-orbital ‘free fall’ until descent”.4
Developments such as these are bringing closer the day when some formula will be needed,
as a practical matter, to accommodate the differences between air space and outer space.
The difficulties involved in all the approaches that have been suggested indicate that the
decision may well have to be an arbitrary one. The goal obviously should be to select a
boundary that seems to balance best the varying difficulties, advantages, and other pertinent
considerations. Some demarcation line in the 50- to 75-mile altitude range may be the most
satisfactory—or least unsatisfactory.
Note
1. Albert R. Karr, “The SST Is a Turtle Compared to the HST, Which May Be on the Way,”
Wall Street Journal, 4 January 1971, p. 1.
Contributor: Dr. Raymond J. Barrett Ph.D (Trinity College, Ireland) is Department of State
Advisor, John F. Kennedy Center for Military Assistance, Fort Bragg, N.C. With State, he has
served in Mexico, Managua, Dublin, Cairo, and Madrid; in the Office of Southern and East
African Affairs; as Canadian Desk Officer; as U.S. Secretary of the U.S.—Canadian
Permanent Joint Board on Defense; and as Deputy Chief, Program Staff, Office of
International Conferences. He recently served an exchange tour as Assistant Chief, Global
Plans and Policy Division, HQ USAF.
Disclaimer: “The conclusions and opinions expressed in this document are those of the
author cultivated in the freedom of expression, academic environment of Air University. They
do not reflect the official position of the U.S. Government, Department of Defense, the
United States Air Force or the Air University.”
4
 If this document was in fact written in 1973, then this day is upon us. Virgin Galactic flights were planned for 2007 and passenger tickets
were sold…
         © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                          October 2015
AL-04 Air Navigation Services - Supplementary Reading
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED   October 2015
AL-04 Air Navigation Services - Supplementary Reading
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED   October 2015
AL-04 Air Navigation Services - Supplementary Reading
Danger area
The establishment of a danger area by a State over its territory is justified when the activity
in that area is of such a nature that the risk involved requires non-participating aircraft to be
aware of the risk. Since, in all cases, it is mandatory that the reason causing the
establishment of an airspace restriction be given in its publication, it remains then at the
discretion of the pilot to decide whether or not he can face the risk with a reasonable degree
because they will be in the best position to propose and of certainty that it will not have
serious consequences for develop the procedural means required to put the his flight
reservation into effect.
Over the high seas, regardless of the risk involved, only danger areas can be established.
Those who initiate danger area restrictions over the high seas are under an increased moral
obligation to judge whether establishment of the danger area is unavoidable and if it is, to
give full details on the intended activities therein. It would also appear that activities
exceeding a certain risk level should not be conducted in such airspace and that other
methods of achieving the desired objective, such as temporary airspace reservations, should
be applied.
Restricted area
Restricted areas are generally established when the risk level involved in the activities
conducted within the area is such that it can no longer be left to the discretion of individual
pilots whether or not they want to expose themselves to such risk. In many cases the
activities within a restricted area are not permanently present, it is therefore of particular
importance that the times when these areas are actually required be closely surveyed and
monitored.
Prohibited area
The establishment of prohibited areas should be subject to particularly stringent
requirements because the use of that portion of the airspace encompassed by the prohibited
area is completely forbidden to aircraft. It has therefore become general practice to establish
such areas only to protect important State installations, critical industrial complexes whose
damage as a result of an aircraft accident could assume catastrophic proportions (atomic
power plants, sensitive chemical complexes) or especially sensitive installations which are
essential for the national security.
      © 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED         October 2013
                                                                                                                                                                                                                                                                                                                                                                                                                                 Effective 7 June 2007
                                                                                                       N EW Z EALAN D AI R S PAC E
                                                                                                                                                                                                                                                                    Uncontrolled
                                                                                                                Controlled Airspace                                                                                                                                   Airspace                                                                                        Special Use Airspace
                                                                   Class A                                                            Class C                                                      Class D                                                                Class G                                                                              STOP       Authorisation Required
                                                                                                                                                                                                                                                                                                                                                         Restricted Area                                                   Military Operating Area (MOA)
                                                                                                                                                                                                                                                                                                                                       [NZ R...]                                                             [NZ M...]
                                           Aircraft
                                            Radio                               118.30                                                        118.30                                                          118.30                                                                     118.30
                                                                                                                                                                                                                                                                                                                                                                                                        • Military exercises – including live firing
                                                                                                                                                                                                                                                                                                                                                                                                        • Enter only after authorisation from the administering
                                          Required                                                                                                                                                                                                                                                                                • Enter only after authorisation from the administering
                                                                                                                                                                                                                                                                                                                                                                                                          authority, if:
                                                                                                                                                                                                                                                                                                                                                                                                          – a New Zealand registered aircraft; or
                                                                                                                                                                                                                                                                                                                                    authority
                                            Entry                                                                                                                                                                                                                                                                                                                                                         – any other aircraft within New Zealand territory
                                          Required
                                                                                                                                                                                                                                                                                                                                                                                   Hazardous Areas
                                            ATC                                                                                                                                                                                                                                                                                                          Danger Area                                                        Volcanic Hazard Zone (VHZ)
                                         Separation                                                                                                                                                                                                                                                                                    [NZ D...]                                                              [NZ V...]
                                          Provided
A i r s pa c e R e q u i r e m e n t s
                                            Traffic
                                         Information
                                                                                                                                                                                                                                                                                                                  (When
                                           Provided                                                                                                                                                                                                                                                             Practicable)
                                           Speed                                                                                                                                    Below 10,000 ft – 250 knots max                                          Below 10,000 ft – 250 knots max
                                         Limitations
                                                                                                                                                                                                                                                                                                                                  • Includes live firing, model aircraft operations, etc                • Enter only in VMC by day
                                                                                                                                                                                                                                                                                                                                  • Enter only after due consideration of the danger present            • VHAs can be increased in size by NOTAM depending on
                                          Aircraft                                                                                                                                                                                                                                                                                  – entry is at your own risk                                           volcanic activity level
                                                                                                                                                                (Below 5 km                                                   (Below 5 km
                                           Provided                                                                                                               visibility)                                                   visibility)                                                                                               “...traffic
                                                                                                                                                                                                                                                                                                                                      – ABC – Position
                                                                                                                                                                                                                                                                                                                                       – Intentions”
                                                                                                                                                   8 km                                                            8 km                                                                            8 km
                                            VFR                                                                        At or above
                                                                                                                      10,000 ft AMSL
                                                                                                                                                                                    At or above
                                                                                                                                                                                   10,000 ft AMSL
                                                                                                                                                                                                                                                            At or above
                                                                                                                                                                                                                                                           10,000 ft AMSL           (Above 10,000 ft AMSL, but within
                                                                                                                                                                                                                                                                                      1000 ft AGL, 5 km is required)
                                          Visibility
                                          Minima
                                                                                                                            Below                      5 km                             Below                          5 km                                     Below                                 5 km
                                                                                                                                                                                                                                                                                                                                  • Broadcast position and intentions on entry, when joining
                                                                                                                                                                                                                                                                                                                                    the circuit, before entering a runway, and at specified intervals   • Extends up to 500 feet agl
                                                                                                                                                                                                                                                                                                                                                                                                        • Obtain a briefing from the specified using agency
                                                                                                                                                                                                                                                                                                                                  • Anticollision and/or landing lights must be on if so equipped         before entering
                                                                                                                                                                                                                                                           Above
                                                                                                                                                                                                                                                           3000 ft                  2 km                                          • NORDO aircraft may enter only under special conditions              • Broadcast intentions prior to entering and on exiting
                                                                                                                                       2 km                                                            2 km                                                AMSL or
                                                                                                                                                                                                                                                           1000 ft AGL
                                                                                                                                                                                                                                                                                                      1000 ft
                                             VFR                                                                                                                                                                                                           whichever
                                                                                                                                                                                                                                                           is higher                                           Vertically
                                                                                                                       Horizontally                                                 Horizontally
                                           Distance                                                                                                                                                                                                                                                        (above or below)
                                                                                                                                                                                                                                                                                                                                                                          Non-mandatory Airspace
                                         from Cloud                                                                                                      1000 ft*                                                        1000 ft*
                                                                                                                                                          *(500 ft within a                                               *(500 ft within a                At or below 3000 ft
                                           Minima                                                                                                           control zone)                                                   control zone)                  AMSL or 1000 ft AGL                                                                           Common Frequency Zone (CFZ)                                      Parachute Landing Area (PLA)
                                                                                                                                                                                                                                                           whichever is higher
                                                                                                                                                                                                                                                                                               Clear of cloud                          [NZ C...]
                                           Speed                                                                       Below 10,000 ft – 250 knots max                              Below 10,000 ft – 250 knots max                                          Below 10,000 ft – 250 knots max
                                                                                                                                                                                                                                                                                                                                       – Intentions”
Limitations
                                                                                                                   Flight                               Entry                                                                 C D                                                                 G
                                                                            = SVFR
  KEY
                                                 = IFR                                                          = Information
                                                                                                                  Service
                                                                                                                                       STOP        = Clearance
                                                                                                                                                     Required
                                                                                                                                                                                = Traffic
                                                                                                                                                                                  Provided
                                                                                                                                                                                          Information
                                                                                                                                                                                                                  VFR minima at aerodromes                               VFR minima at aerodromes in
                                                         Below VFR minima within controlled airspace                                                                                                                within a control zone                                   uncontrolled airspace                                 • Broadcast position and intentions if radio equipped                 • Treat the airspace near an active PLA (especially upwind of
                                                                                                                                                                                                                            (CAR Part 91)                                               (CAR Part 91)                             • Anticollision and/or landing lights should be on if so                the PLA) like a danger area – enter at your own risk
                                                                                                                                                                                                                                                                                                                                    equipped
                                                                                                                                                        ATC                                                                   CEILING         VISIBILITY                               CEILING                   VISIBILITY
                                                = VFR                      =      ATC Service          118.30
                                                                                                                = Aircraft
                                                                                                                  Required
                                                                                                                           Radio
                                                                                                                                                  =     Separation
                                                                                                                                                        Provided
                                                                                                                                                                                    =     Visibility
                                                                                                                                                                                                                 DAY          1500 ft            5 km               DAY                 600 ft                    1500 m
                                                                                                                                                                                                                 NIGHT        1500 ft            5 km              NIGHT                1500 ft                     8 km                          For further information, see the GAP booklet, New Zealand Airspace.
         Air Law
1     Contents:
                                                                                                         User Notes:
      Table of Contents
      1   Contents: ................................................................................2
      2   Learning Outcome..................................................................3
                     Performance Criteria: ................................................3
      3   Air Traffic Controller Licence .................................................4
                         Requirements for the issue of the licence ............4
                         Age …………………………………………………………………...4
                         Knowledge ………………………………………………………… 4
                         Experience ………………………………………………………… 5
                         Medical fitness ………………………………………………….. 5
      4   Revision ..................................................................................6
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                  October 2015
Performance Criteria:                                                   Air Law              -3-
2    Learning Outcome
Identify the requirements for the issue of an ATC licence.
Performance Criteria:
   Identify the following requirements for the issue of an ATC          User Notes:
   licence:
 Minimum age
 Medical fitness
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 October 2015
-4-                       ICAO AL 05                                            Air Traffic Controller Licence
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                             October 2015
Requirements for the issue of the licence                               Air Law              -5-
    Experience
    The applicant shall have completed an approved training
    course and not less than three months of satisfactory service
    engaged in the actual control of air traffic under the
    supervision of an appropriately rated air traffic controller. The
    experience requirements specified for air traffic controller
    ratings in 4.5 may be credited as part of the experience
    specified in this paragraph.
    Medical fitness
    The applicant shall hold a current Class 3 Medical
    Assessment.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 October 2015
-6-                       ICAO AL 05                                                    Revision
4 Revision
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 October 2015
051 ATS Licensing Course
Air Law
Supplementary Information
AL-05 Personnel Licencing - Supplementary Reading
Table of Contents
Air traffic controller ratings .................................................................................................................... 3
   Categories ........................................................................................................................................... 3
   Requirements for air traffic controller ratings.................................................................................... 3
       Knowledge....................................................................................................................................... 3
   Aerodrome control rating: .................................................................................................................. 3
   Approach control procedural and area control procedural ratings: .................................................. 4
   Approach control surveillance, Approach precision radar control and Area control surveillance
   ratings: ................................................................................................................................................ 4
   Experience........................................................................................................................................... 4
       Skill .................................................................................................................................................. 5
       Concurrent issue ............................................................................................................................. 5
       Privileges of the holder of the air traffic controller rating(s) and the conditions to be observed in
       exercising such privileges ................................................................................................................ 5
       Purposes.......................................................................................................................................... 5
       Obligation........................................................................................................................................ 6
       Validity of ratings ............................................................................................................................ 6
Approved training and approved training organization ......................................................................... 7
Annex 1 Appendix 2 - Approved Training Organization.......................................................................... 8
   1. Issue of approval ............................................................................................................................ 8
   2. Training and procedures manual ................................................................................................... 8
   3. Training programmes ..................................................................................................................... 9
   5. Quality assurance system............................................................................................................... 9
   6. Facilities.......................................................................................................................................... 9
   7. Personnel ....................................................................................................................................... 9
   8. Records.......................................................................................................................................... 10
   9. Oversight ...................................................................................................................................... 10
   10. Evaluation and checking............................................................................................................. 10
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                                                      October 2015
AL-05 Personnel Licencing - Supplementary Reading
Categories
Air traffic controller ratings shall comprise the following categories:
Note.— The World Meteorological Organization has specified requirements for personnel
making meteorological observations which apply to air traffic controllers providing such a
service.
2) airspace structure;
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                 October 2015
AL-05 Personnel Licencing - Supplementary Reading
Experience
The applicant shall have:
               3) approach precision radar control rating: not less than 200 precision
               approaches of which not more than 100 shall have been carried out on a
               radar simulator approved for that purpose by the Licensing Authority. Not
               less than 50 of those precision approaches shall have been carried out at the
               unit and on the equipment for which the rating is sought; and
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED               October 2015
AL-05 Personnel Licencing - Supplementary Reading
The experience specified in b) shall have been completed within the 6-month period
immediately preceding application.
When the applicant already holds an air traffic controller rating in another category, or the
same rating for another unit, the Licensing Authority shall determine whether the experience
requirement can be reduced, and if so, to what extent.
Skill
The applicant shall have demonstrated, at a level appropriate to the privileges being granted,
the skill, judgement and performance required to provide a safe, orderly and expeditious
control service.
Concurrent issue
Concurrent issuance of two air traffic applicable requirements on the basis of the
requirements for each rating. These requirements shall not be less than those of the more
demanding rating.
Privileges of the holder of the air traffic controller rating(s) and the conditions to be
observed in exercising such privileges
Subject to compliance with the requirements specified in 1.2.5 (validity of licences), 1.2.6
(Decrease in medical fitness), 1.2.7.1 (use of psychoactive substances) and 1.2.9
(Language proficiency), the privileges of the holder of an air traffic controller licence
endorsed with one or more of the undermentioned ratings shall be:
Purposes
      a) aerodrome control rating: to provide or to supervise the provision of aerodrome
      control service for the aerodrome for which the licence holder is rated;
       d) approach precision radar control rating: to provide and/or supervise the provision
       of precision approach radar service at the aerodrome for which the licence holder is
       rated;
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                October 2015
AL-05 Personnel Licencing - Supplementary Reading
       e) area control procedural rating: to provide and/or supervise the provision of area
       control service within the control area or portion thereof, for which the licence holder
       is rated; and
       f) area control surveillance rating: to provide and/or supervise the provision of area
       control service with the use of an ATS surveillance system, within the control area or
       portion thereof, for which the licence holder is rated.
Obligation
Before exercising the privileges indicated in above, the licence holder shall be familiar with
all pertinent and current information.
A Contracting State having issued an air traffic controller licence shall not permit the holder
thereof to carry out instruction in an operational environment unless such holder has
received proper authorization from such Contracting State.
Validity of ratings
A rating shall become invalid when an air traffic controller has ceased to exercise the
privileges of the rating for a period determined by the Licensing Authority. That period shall
not exceed six months. A rating shall remain invalid until the controller’s ability to exercise
the privileges of the rating has been re-established.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED              October 2015
AL-05 Personnel Licencing - Supplementary Reading
Note.— The qualifications required for the issue of personnel licences can be more readily
and speedily acquired by applicants who undergo closely supervised, systematic and
continuous courses of training, conforming to a planned syllabus or curriculum. Provision
has accordingly been made for some reduction in the experience requirements for the issue
of certain licences and ratings prescribed in these Standards and Recommended Practices,
in respect of an applicant who has satisfactorily completed a course of approved training.
Approved training shall provide a level of competency at least equal to that provided by the
minimum experience requirements for personnel not receiving such approved training.
The approval of a training organization by a State shall be dependent upon the applicant
demonstrating compliance with the requirements of Appendix 2.
Note.— Guidance on approval of a flight crew training organization can be found in the
Manual on the Approval of Flight Crew Training Organizations (Doc 9841).
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED          October 2015
AL-05 Personnel Licencing - Supplementary Reading
1. Issue of approval
1.1 The issuance of an approval for a training organization and the continued validity of the
approval shall depend upon the training organization being in compliance with the
requirements of this Appendix.
c) terms of approval.
b    the content of the training programmes offered including the courseware and
     equipment to be used;
e    the name, duties and qualification of the person designated as responsible for
     compliance with the requirements of the approval in 7.1;
h    a description of the method used for the completion and retention of the training
     records required by 8;
j    when a State has authorized an approved training organization to conduct the testing
     required for the issuance of a licence or rating in accordance with 10, a description of
     the selection, role and duties of the authorized personnel, as well as the applicable
     requirements established by the Licensing Authority.
2.2 The training organization shall ensure that the training and procedures manual is
amended as necessary to keep the information contained therein up to date.
2.3 Copies of all amendments to the training and procedures manual shall be furnished
promptly to all organizations or persons to whom the manual has been issued.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED            October 2015
AL-05 Personnel Licencing - Supplementary Reading
3. Training programmes
3.1 A Licensing Authority may approve a training programme for a private pilot licence,
commercial pilot licence or instrument rating that allows an alternative means of compliance
with the experience requirements established by Annex 1, provided that the approved
training organization demonstrates to the satisfaction of the Licensing Authority that the
training provides a level of competency at least equivalent to that provided by the minimum
experience requirements for personnel not receiving such approved training.
3.2 When a Licensing Authority approves a training programme for a multi-crew pilot licence,
the approved training organization shall demonstrate to the satisfaction of the Licensing
Authority that the training provides a level of competency in multi-crew operations at least
equal to that met by holders of a commercial pilot licence, instrument rating and type rating
for an aeroplane certificated for operation with a minimum crew of at least two pilots.
Note.- Guidance on the approval of training programmes can be found in the Manual on the
Approval of Flight Crew Training Organizations (Doc 9841).
6. Facilities
6.1 The facilities and working environment shall be appropriate for the task to be performed
and be acceptable to the Licensing Authority.
6.2 The training organization shall have, or have access to, the necessary information,
equipment, training devices and material to conduct the courses for which it is approved.
6.3 Synthetic training devices shall be qualified according to requirements established by the
State and their use shall be approved by the Licensing Authority to ensure that they are
appropriate to the task.
Note.- The Manual of Criteria for the Qualification of Flight Simulators (Doc 9625) provides
guidance on the approval of flight simulators.
7. Personnel
7.1 The training organization shall nominate a person responsible for ensuring that it is in
compliance with the requirements for an approved organization.
7.2 The organization shall employ the necessary personnel to plan, perform and supervise
the training to be conducted.
7.3 The competence of instructional personnel shall be in accordance with procedures and
to a level acceptable to the Licensing Authority.
7.4 The training organization shall ensure that all instructional personnel receive initial and
continuation training appropriate to their assigned tasks and responsibilities. The training
programme established by the training organization shall include training in knowledge and
skills related to human performance.
Note.- Guidance material to design training programmes to develop knowledge and skills in
human performance can be found in the Human Factors Training Manual (Doc 9683).
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED             October 2015
AL-05 Personnel Licencing - Supplementary Reading
8. Records
8.1 The training organization shall retain detailed student records to show that all
requirements of the training course have been met as agreed by the Licensing Authority.
8.2 The training organization shall maintain a system for recording the qualifications and
training of instructional and examining staff, where appropriate.
8.3 The records required by 8.1 shall be kept for a minimum period of two years after
completion of the training. The records required by 8.2 shall be retained for a minimum
period of two years after the instructor or examiner ceases to perform a function for the
training organization.
9. Oversight
Contracting States shall maintain an effective oversight programme of the approved training
organization to ensure continuing compliance with the approval requirements.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED           October 2015
   Air Law
AL06 – Revision
-2-                             ICAO AL 06                                                               Contents:
1 Contents:
      Table of Contents
      1   Contents: ................................................................................2
      2   Learning Outcome..................................................................2
                     AL 01 – Introduction to ICAO.....................................3
                     AL 02 – Documentation .............................................4
                     AL 03 – Air Navigation Services .................................5
                     AL 04 – Airspace ........................................................6
                     AL 05 – Personnel Licencing ......................................7
      3   Assessment ............................................................................8
      2   Learning Outcome
      Revise and understand all the knowledge requirements for the
      Air Law examination, as outlined in the review questions for each
      unit.
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED                                   October 2015
AL 01 – Introduction to ICAO                                            Air Law          -3-
AL 01 – Introduction to ICAO
What is ICAO?
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED             October 2015
-4-                       ICAO AL 06                                    Learning Outcome
AL 02 – Documentation
AIP
NOTAM
AIRAC
AIC
UOI
LOA
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED         October 2015
AL 03 – Air Navigation Services                                                Air Law          -5-
ATM CNS
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-6-                       ICAO AL 06                                          Learning Outcome
AL 04 – Airspace
ATZ CTR
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED               October 2015
AL 05 – Personnel Licencing                                             Air Law          -7-
AL 05 – Personnel Licencing
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED             October 2015
-8-                       ICAO AL 06                                    Assessment
3 Assessment
It will take:
© 2015 Airways Corporation of New Zealand Limited ALL RIGHTS RESERVED October 2015