Chicago Convention (ICAO Doc 7300): Sovereignty, ICAO Structure, and SARPs

010-01-01Pablo Asensio Martínez2026-03-272 min

The Convention on International Civil Aviation, also known as the Chicago Convention, establishes the foundations for global aviation regulation. Its main objective, defined in Article 44, is to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport.

Sovereignty and Territory

One of the fundamental pillars is the recognition that every State has complete and exclusive sovereignty over the airspace above its territory (Article 1). This means that no State may fly over another without permission.

Landing at Customs Airports

According to Article 10, every aircraft entering the territory of another State must, if required by regulations, land at a designated customs airport for inspection. Similarly, departure must be made from such an airport, unless overflight without landing is permitted under special conditions.

Cabotage

Article 7 deals with cabotage, which is the transport of passengers, mail, or cargo between two points within the same territory by a foreign aircraft. States have the right to refuse permission for such operations and undertake not to grant this privilege on an exclusive basis to any other State or airline.

The International Civil Aviation Organization (ICAO)

The Convention established ICAO to manage the administration and governance of the convention.

The Council

The Council is the permanent governing body responsible to the Assembly. It is composed of 36 members elected every 3 years, ensuring representation of States of chief importance in air transport and major geographic regions of the world.

The President of the Council (Article 51) is elected for a term of three years and may be re-elected. Although they have no vote, their functions include convening meetings of the Council, the Air Transport Committee, and the Air Navigation Commission.

Standards and Recommended Practices (SARPs)

To achieve the highest practicable uniformity in regulations (Article 37), ICAO adopts Standards and Recommended Practices (SARPs) contained in the Annexes to the Convention.

  • Standards: Their uniform application is necessary for the safety or regularity of international air navigation. They are mandatory unless a State notifies a difference.
  • Recommended Practices: They are desirable but not essential.

The Annexes are not directly binding international laws in themselves; States must incorporate them into their national legislation. However, standards are considered binding for member States that have not notified a difference to ICAO.

Rules of the Air Over the High Seas

For flights over the high seas, the rules specified in Annex 2 to the Chicago Convention apply without exception (SERA.1001). Additionally, Annex 11 may be applied in these areas to ensure continuity of air traffic services, but always consistent with regional air navigation agreements.