Author: Suyash Shukla
The Convention on International Civil Aviation (Chicago Convention)1, signed at Chicago on 7 December 1944, was created to develop civil aviation in a safe and orderly manner, where equality of opportunity is available for the development of air transport services. It acts as not just a treaty, but a living constitution managing national sovereignty and global connectivity, acting as the Grund norm for the civil aviation rules. Signed by 52 nations during the ending stages of World War II, it was a framework created with a vision to ensure the peaceful development of civil aviation2. The principle of Sovereignty serves as the bedrock where recognition is given to the states to have complete and exclusive sovereignty over the airspace above their territory. Despite the evolution in technology, the recognition of this principle remains constant.
We observe that since the inception of this convention, the global landscape has changed drastically, with developments in technology and recognition of the destruction to the environment, one thing that we observe that has remained consistent is the Chicago Convention, which has governed the international aviation landscape for over 80 years, where its 96 articles have remained the same since the inception of the convention, the International Civil Aviation Organization (ICAO) Council ensures that it evolves through dynamic technical Annexes.
Developments in technology and a greater understanding of the environmental landscape have led to various changes, and to understand how the Chicago Convention operates in practice in this contemporary developing world, we must look into the objectives of the same, where it balances sovereignty with global aviation.
World War II was a calamity that led to unprecedented destruction; however, it also served as a powerful stimulus for the development of the aviation sector. The US, recognizing the potential of a global, interconnected world, invited 55 states to Chicago for the development of the Chicago Convention, where they envisioned a sky free of conflict and ensure proper development of the framework.
The scope of treaty could be found in Article 3, wherein it is explicitly stated that the treaty applies to only civil aircraft, while defining its non-applicability to the State Aircraft (used in military, customs and police services) and creating an obligation where any state aircraft shall not fly over the territory of another State or land in the territory without explicit authorization3.
The rule of sovereignty, given under Article 1 of the convention, provides teeth to the principle of States having sovereignty and exclusive authority over their airspace4, while Article 2 further includes the territory of the state having land areas and territorial waters5. This ensures that no foreign state aircraft can enter a State’s Airspace without explicit permission.
The convention also creates categories of different types of flights for air traffic, where non-scheduled flights, defined under Article 5 of the convention, have the right to make stops for “non-traffic purposes” without requiring prior permission6, and Scheduled Air Services, defined under Article 6 of the convention cannot enter into a state’s territory without special permission/authorization from the state7.
Article 7 (Cabotage) has also granted States the right to refuse foreign airlines from other States to operate within their territory, which is a principle to protect and ensure fair competition in domestic markets, where the passengers, cargo and mail of the States are carried out by domestic flights only8.
We also observe that the Chicago Convention also takes are of the security of passengers, where Article 3 bis refrains the States from using weapons against civil aircrafts flying over their territory, thereby ensuring protection of the passengers on board9. The state is entitled to have the landing of aircraft at a designated airport, when it flies over the territory without permission, the lives of the passengers must still be protected.
The convention also establishes the International Civil Aviation Organization (ICAO) as the machinery that implements the principles into a regulatory reality, which governs the operations round the world.
The ICAO, established under Part II10 of the Chicago Convention, develops the principles and techniques of international air navigation and fosters the planning and development of the international air transport, and also manages the administration of international air administration11. The assembly is required to meet once every three years, and every contracting state has an equal vote in the assembly12. The delegates representing the member states also have technical advisors for assistance, but technical advisors may participate but don’t have voting rights, unlike delegates13.
The Council, on the other hand, is a permanent body under Article 5014 of the Chicago Convention, consisting of 36 members whose election would be held at the first meeting of the general assembly and after that every three years and members being elected hold the office until the next election15. The most important function of the council is to adopt International Standards and Recommended Practices(SARPs) for convenience and put them as annexes under this convention and notify the states about the same16.
The convention provides for the adoption of international standards and procedures under Chapter VI, and it is the duty of every contracting state to collaborate and secure uniformity in regulations, standards, procedures, and other requisite measures for aircraft personnel and airways, and maintain uniformity with an objective to improve air navigation17. In case any state finds it impractical to comply with the standards and procedures, it must inform ICAO about the differences between international standards and practices followed by them18.
The convention also provides for a dispute settlement mechanism, wherein Article 84 empowers the Council to adjudicate disagreements between two or more contracting States, if the disputes were not able to be settled by negotiation19. Decisions of the council could be appealed to an as hoc Arbitral tribunal agreed upon by the parties, or the International Court of Justice20 (which succeeded the Permanent Court of International Justice in 1946)21.
ICAO also launches initiatives like The Universal Safety Oversight Audit Programme (USOAP)22, which aim to enhance global aviation safety via comprehensive audits of the member states.
While ICAO provides the standards and the Council plays an important role in the implementation of standards and dispute resolution, the Chicago Convention puts obligations on the Contracting States to ensure efficacy in practice.
The Chicago Convention places various kinds of obligations on the States, where the duty to respect sovereignty forms the foundation upon which other kinds of obligations are based. It is the duty of the states to ensure that the safety of the flights is not threatened by their actions.
Article 12 of the Convention obligates the contracting States to ensure that every aircraft complies with the rules and regulations related to flight and the contracting States are required to keep their regulations consistent with the regulations established by ICAO, and ensure prosecution of those who violate the regulations23.
Obligation given under Article 33 requires the contracting States to accept and recognize the licenses and certificates issued by other contracting States, in case they qualify the requisite ICAO standards24.
Meanwhile, Article 6825 requires the States to designate the routes and airports to be used for international services and inform ICAO of any designated “prohibited areas” for military necessity under Article 926.
The obligations of the states given under the convention ensure that they comply with the global standards established by ICAO and ensure uniformity across their operations, which would ensure the efficacy of global standards, and this is done by contracting States when they implement the standards in their domestic law via implementing authorities, and in the next section we discuss about India’s implementation of laws.
India’s re-election to the International Civil Aviation Organization (ICAO) Council for the 2025–2028 term highlights its stature in the growing global aviation sector27. India’s role as a signatory to the Chicago Convention has evolved from being a signatory to being an active participant in the development of international aviation governance.
India originally signed the convention in 1944, being one of the original signatories and ratified the same on March 1, 1947, and since then has evolved into a member playing active role, where re-election under Category II shows a significant growth of India in the international aviation landscape28.
India’s role has led to substantive growth in the international aviation landscape, where incentives by India consist of the modernization of air navigation systems and consistent participation in ICAO’s Asia-Pacific regional groups help harmonize global standards at regional levels29.
Article 253 of Indian Constitution30 provides for the powers of Parliament to make laws to give implement any treaty, agreement or convention and Entry 29 of the Union List31 places aviation under exclusive control of the central government, showcasing that the central government takes all the steps to ensure that international frameworks are seamlessly implemented in India.
The Aircraft Act, 193432 and the Aircraft Rules, 193733, both of which came into existence in the colonial India, have been amended and updated to match the evolving ICAO standards, and the Airports Authority of India Act, 199434, enacted to ensure better administration and cohesive management of airports, provides for a framework for implementing global aviation standards, showing India’s continuous commitment towards the Chicago Convention.
To ensure compliance with the Convention, India has established a regulatory framework, where Directorate General of Civil Aviation (DGCA) plays the role of a primary regulator by issuing Civil Aviation Requirements (CARs) and ensuring implementation of ICAO’s Standards and Recommended Practices (SARPs). The Airports Authority of India manages air navigation services and aviation infrastructure, and the Bureau of Civil Aviation Security (BCAS) ensures compliance with the security norms under ICAO Annex 1735. This framework ensures compliance with the Chicago Convention and India’s continuing actions to ensure the consistency of standards in its domestic framework.
India’s recent policies also reflect an evolution in the framework, where, through the “Open Skies” agreements36, connectivity was enhanced and ensured the promotion of free markets, while maintaining competitive balance and safety via oversight by the Directorate General of Civil Aviation (DGCA). Incentives such as the UDAN Scheme (Ude Desh ka Aam Nagrik)37 show an approach to develop regional connectivity and increase accessibility to the greater sector of the Indian Population.
These incentives show that aviation in India is a representation of adaptation of Chicago Convention Principles where the principles are applied and aligned with the domestic policies to for evolution in civil aviation.
India’s role in ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)38 shows its status as a developing country, balancing its international commitments of growth with protecting the environment. The Drone Rules, 202139, show a significant evolution where the legislation and development of rules related to unmanned aircraft system, thereby marking a move towards an area which was not covered by the original framework of the convention.
The case of India v. Pakistan (1972)40 served as a precedent wherein Article 84 of the Chicago Convention was interpreted and ICJ upheld ICAO’S jurisdiction to adjudicate upon the disputes related to civil aviation arising under this convention, and this precedent also affirmed the binding character of the Chicago Convention. The case also shaped India’s adherence to the Chicago Convention.
India’s practices show a consistent and adaptive engagement with the Chicago Convention, but these practices also present the limitations of the convention, where the evolving aviation landscape calls for an evaluation of the convention itself.
While the Chicago Convention has managed the global civil aviation since 1944, it faces unprecedented friction in the 21st century, where technological advancements and environmental concerns present different kinds of challenges, as these challenges present a critical gap.
The convention doesn’t explicitly address the use of Unmanned Aircraft Systems (UAS) or drones, despite being a mention of “pilotless aircraft” under Article 841, which require special authorization in order to fly over a contracting state. Recently, ICAO Secretary General Juan Carlos Salazar, at the at the World Overflight Risk Conference in Malta (April 21, 2026) addressed and emphasized the need for stronger measures to protect civilian aircrafts, and called for going beyond the boundaries of aviation as they are currently known42. He specifically noted that UAS and GPS jamming have emerged as a new threat where civilian aircrafts are at a high risk of being caught in the crossfire43, thereby presenting a need to revisit the provisions to deal with these novel threats.
The silence of the convention on environmental issues is yet another gap that requires addressing by the ICAO, which has attempted to address the same via Annex 1644 and the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), but it remains an issue because the Convention allows states to file differences to SARPs under Article 3845, making environmental compliance tough to achieve, and even weakening global environmental mandate.
These gaps are required to be addressed to enable the safety of the passengers while also ensuring that environmental compliances are met, such that the rights of the civilians and environmental protection could be balanced, as the Chicago Convention should have the power to ensure a sky free of conflict.
The Chicago Convention remains the Grund norm of international civil aviation law, which balances state sovereignty with the necessity of transit in a globalised world, and has largely been successful in creating a safe and orderly airspace post the destructive Second World War.
India’s active role in the ICAO demonstrates the democratic nature of the Convention where India’s re-election presents a significant opportunity to look at the critical gaps emerging as the technology leads to innovations and new realms.
As new technologies like drones and UAS emerge and environmental challenges because of climate change require prompt action, the Chicago Convention needs to adapt to the emerging challenges to ensure the vision of a sky free of conflict.
1 Convention on International Civil Aviation, Dec. 7, 1944, 61 Stat. 1180, 15 U.N.T.S. 295 [hereinafter Chicago Convention].
2 The History of ICAO and the Chicago Convention, INT’L CIVIL AVIATION ORG., https://www.icao.int/history-icao-and-chicago-convention (last visited Apr. 25, 2026).
3 Chicago Convention art. 3.
9 Chicago Convention art. 3 bis.
19 Chicago Convention art. 84.
22 The Universal Safety Oversight Audit Programme (USOAP), Int’l Civil Aviation Org., https://www.icao.int/usoapcma (last visited Apr. 25, 2026).
23 Chicago Convention art. 12.
24 Chicago Convention art. 33.
25 Chicago Convention art. 68.
27 Press Release, Ministry of Civil Aviation, India Re-Elected to ICAO Council With Stronger Mandate (Sept. 30, 2025), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2173064.
29 Int’l Civil Aviation Org. [ICAO], Global Air Navigation Plan, ICAO Doc. 9750-AN/963 (4th ed. 2013).
31 INDIA CONST. sch. VII, list I, entry 29.
32 The Aircraft Act, 1934, No. 22, Acts of Parliament, 1934 (India).
33 The Aircraft Rules, 1937, Gazette of India (1937) (India).
34 The Airports Authority of India Act, 1994, No. 55, Acts of Parliament, 1994 (India).
35 Int’l Civil Aviation Org. [ICAO], Annex 17 to the Convention on International Civil Aviation: Security (12th ed. 2022).
36 Press Release, Ministry of Civil Aviation, India Signs Open Skies Agreement with Six Countries During ICAN 2016 (Dec. 15, 2016), https://www.pib.gov.in/newsite/PrintRelease.aspx?relid=155471.
37 Ministry of Info. & Broad., Gov’t of India, UDAN: Ude Desh ka Aam Naagrik, https://www.civilaviation.gov.in/sites/default/files/migration/Udaan_Eng.pdf (last visited Apr. 25, 2026).
38 Reduction Carbon Offsetting and Scheme for International Aviation (CORSIA), Int’l Civil Aviation Org., https://www.icao.int/CORSIA (last visited Apr. 25, 2026).
39 Drone Rules, 2021, G.S.R. 589(E) (Aug. 25, 2021) (India).
40 Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pak.), Judgment, 1972 I.C.J. 46 (Aug. 18).
41 Chicago Convention art. 84.
42 Drones, Missiles, and Jamming: UN Aviation Chief Calls for Urgent Action to Protect Civil Aircraft, Int’l Civil Aviation Org. (Apr. 21, 2026), https://www.icao.int/fr/news/drones-missiles-and-jamming-un-aviation-chief-calls-urgent-action-protect-civil-aircraft.
44 Int’l Civil Aviation Org. [ICAO], Annex 16 to the Convention on International Civil Aviation: Security (12th ed. 2022).
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