In 1944, 52 heads of nations assembled in Chicago in a convention to promote cooperation, create and preserve friendship, and understanding among the nations and the people around the world.
This convention is commonly known as “Chicago Convention 1944” and became the landmark agreement to establish the core principles in permitting international transportation by air, and also led to the creation of the International Civil Aviation Organization (ICAO).
The Chicago Convention 1944 became a treaty. It is the oldest, and most ratified treaty in the world. As a member of the ICAO, contracting states, it became states' responsibility to adopt the ICAO Convention Articles and Standards and Recommended Practices (SARPs).
The Chicago Convention has several Articles, which are grouped in several Parts, Chapters and Articles. There are Part I (Air Navigation), Part II (The International Civil Aviation organisation), Part III ( International Air Transport), and Part IV (Final Provisions) .
In each Parts are Chapters.
Part I (Air Navigation)
Chapter I - General Principles and Application of the Convention,
Chapter II - Flight Over Territory of the Contracting States,
Chapter III - Nationality of the Aircraft,
Chapter IV - Measures to Facilitate Air Navigation,
Chapter V - Condition to be Fulfilled with Respect of Aircraft,
Chapter VI - International and Recommended Practices.
Part II (The International Civil Aviation organisation)
Chapter VII - The Organization,
Chapter VIII - The Assembly,
Chapter IX - The Council,
Chapter X - The Air Navigation Commission,
Chapter XI - Personnel,
Chapter XII - Finance,
Chapter XIII - Other International Arrangements.
Part III (International Air Transport)
Chapter XIV - Information and Reports,
Chapter XV - Airports and other Air Navigation Facilities,
Chapter XVI - Joint Operating Organization and Pooled Services.
Part IV (Final Provisions)
Chapter XVII - Other Aeronautical Agreements and Arrangements,
Chapter XVIII - Disputes and Default,
Chapter XIX - War,
Chapter XX - Annexes,
Chapter XXI - Ratification, adherence, amendments and Denunciation,
Chapter XXII - Definitions.
Standard and Recommended Practices (SARPs)
Refer to the convention Chapter VI (International Standards and Recommended Practices), Article 37 states that “the contracting state to collaborate in securing the highest practicable degree or uniformity in regulations, standards, procedures and organisation”. For this article, the ICAO published documents, which are annexed (or "appended' or "attached") to the ICAO convention. These "Annexes" contain “Standards and Recommended practices (SARPs)” and are expected to be adopted by the State signatories to the ICAO convention.
A few of the Chicago Convention Articles are related to airworthiness of aircraft and they have been adopted into country laws through Article 37 “Adoption of international standards and procedures”, which states that “…to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organisation in relation to aircraft, personnel, airways and auxiliary services……
One of the important articles related to aircraft airworthiness is Article 31 - “Certificates of airworthiness”, which states that “Every aircraft engaged in international navigation shall be provided with a certificate of airworthiness issued or rendered valid by the State in which it is registered”.
This article ensures each aircraft registered with the states, especially used for air navigation, are issued with Certificate of Airworthiness (C of A). The issuance of the C of A after complying to the airworthiness standards published in Annex 8, which is the minimum standards for the aircraft to be airworthy. Other members’ states to recognise the C of A based on Article 33.
Article 33 is the provision to recognise the “Certificate of Airworthiness” from other member states. Article 33 states that “Certificates of airworthiness and certificates of competency and licences issued or rendered valid by the contracting State in which the aircraft is registered, shall be recognized as valid by the other contracting States, provided that the requirements under which such certificates or licences were issued or rendered valid are equal to or above the minimum standards which may be established from time to time pursuant to this Convention”. The condition put in place in Article 33 is that the C of A issuance is in equal or above the minimum standards published by the ICAO. That is one of the reasons, the ICAO conducts audits and surveillance to the states to determine the effective implementation of the SAPRs by the states. Article 33 becomes relevant, when all states effectively comply with the ICAO SARPs because all states prescribe to minimum standards.
Interestingly, in 1944 the 52 head of states during the convention has envisaged the danger of the pilotless aircraft, which are now drones or unmanned aircraft, and agreed on the issuance or Article 8 Pilotless aircraft, states that “No aircraft capable of being flown without a pilot shall be flown without a pilot over the territory of a contracting State without special authorization by that State and in accordance with the terms of such authorization. Each contracting State undertakes to insure that the flight of such aircraft without a pilot in regions open to civil aircraft shall be so controlled as to obviate danger to civil aircraft”.
By 26 Nov 2026, the Article 8 become clear because the ICAO Annex 8 has published the airworthiness characteristics of Remote Pilot Aeroplane (RPA), Remote Pilot Helicopter (RPH) and Remote Pilot Station (RPS), which this airworthiness characteristics will be the basis of the issuance of the Type Certificate for the pilotless aircraft; Remote Pilot Aeroplane (RPA), and Remote Pilot Helicopter (RPH) inclusive the ground cockpit of the Remote Pilot Station (RPS). It understood the ICAO position to treat drones and unmanned aircraft because in 2026, it is expected the drones or large UAS will share similar airspace as the manned aircraft. Some members’ states have prepared by introducing the Unmanned Traffic Management (UTM).
