Document ID: chunk:federal_register_of_legislation:C2024C00427:schedule:1:p1
Version: federal_register_of_legislation:C2024C00427
Segment Type: schedule
Provision Reference: sch 1 (pt 1/23)
Character Range: 62203–65196

Schedule 1—Convention on International Civil Aviation

Section 4

PREAMBLE.

WHEREAS the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security; and

WHEREAS it is desirable to avoid friction and to promote that co‑operation between nations and peoples upon which the peace of the world depends;

THEREFORE, the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically;

Have accordingly concluded this Convention to that end.

PART I.—AIR NAVIGATION

CHAPTER I.—GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION.

Article 1.

Sovereignty.
The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory.

Article 2.

Territory.
For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.

Article 3.

Civil and state aircraft.
 (a) This Convention shall be applicable only to civil aircraft, and shall not be applicable to state aircraft.
 (b) Aircraft used in military, customs and police services shall be deemed to be state aircraft.
 (c) No state aircraft of a contracting State shall fly over the territory of another State or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof.
 (d) The contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft.

Article 4.

Misuse of civil aviation.
Each contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention.

CHAPTER II.—FLIGHT OVER TERRITORY OF CONTRACTING STATES.

Article 5.

Right of non‑scheduled flight.
Each contracting State agrees that all aircraft of the other contracting States, being aircraft not engaged in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non‑stop across its territory and to make stops for non‑traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each contracting State nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.
Such aircraft, if