Treaties of New Batavia/Convention on Civil Aviation
 Treaty of New Batavia | |
| Conventie inzake burgerluchtvaart | |
| Signing ceremony | N/A at N/A |
| Islamic Diwan | positive |
| Majlis-ash-Shoera | 2023-09-04 |
| President | 2023-09-09 |
| Executive Decrees | |
| Parties |  MTO New Batavia
|
Background
At the negotiations of the Treaty between Çakaristan and New Batavia, it was agreed upon to join the MTO Convention on Civil Aviation.
Text
Article 1 - Signatory
Any nation that has signed the General Membership Treaty may sign this Convention.
Article 2 - Sovereignty
The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its 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:
a. Territory means the territory recognised by the Micras Cartography Society;
b. Territorial waters are meant insofar as they are recognised under the Convention on the Laws of the Seas.
No territorial claims or airspace not over territory or territorial waters can be derived from this convention.
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 - Exercise of sovereignty
a. The contracting States recognize that every State must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered;
b. The contracting States recognize that every State, in the exercise of its sovereignty, is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority or if there are reasonable grounds to conclude that it is being used for any purpose inconsistent with the aims of this Convention; it may also give such aircraft any other instructions to put an end to such violations. For this purpose, the contracting States may resort to any appropriate means consistent with relevant provisions of this Convention, specifically paragraph a) of this Article. Each contracting State agrees to publish its regulations in force regarding the interception of civil aircraft;
c. Every civil aircraft shall comply with an order given in conformity with paragraph b) of this Article. To this end each contracting State shall establish all necessary provisions in its national laws or regulations to make such compliance mandatory for any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State. Each contracting State shall make any violation of such applicable laws or regulations punishable by severe penalties and shall submit the case to its competent authorities in accordance with its laws or regulations;
d. Each contracting State shall take appropriate measures to prohibit the deliberate use of any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State for any purpose inconsistent with the aims of this Convention. This provision shall not affect paragraph a) or derogate from paragraphs b) and c) of this Article.
Article 5 - Misuse of civil aviation
Each contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention.
Article 6 - Transit rights
Each contracting State grants the right to all civil aircraft of the other contracting States:
1. The right to fly over its territory without landing;
2. The right to refuel or carry out maintenance on its territory without embarking or disembarking passengers or cargo.
Article 7 - Traffic rights
Each contracting State decides to grant rights to other contracting States:
3. The right to fly from one's own state to another state;
4. The right to fly from another state to one's own.
Article 8 - Beyond rights
Each contracting State decides to grant rights to other contracting States:
5. The right to fly between two foreign states on a flight originating or ending in one's own state;
6. The right to fly from a foreign state to another while stopping in one's own state for non-technical reasons;
7. The right to fly between two places in a foreign state while stopping in one's own state for non-technical reasons.
Article 9 - Cabotage
8. The right to fly between two foreign states, where the flights do not touch one's own state;
9. The right to fly inside a foreign state, having started from or continuing to one's own state;
10. The right to fly within a foreign state without continuing to one's own state.
Article 10 - Pilotless aircraft
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.
Article 11 - Prohibited areas
a. Each contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly the aircraft of other States from flying over certain areas of its territory, provided that no distinction in this respect is made between the aircraft of the State whose territory is involved, engaged in international scheduled airline services, and the aircraft of the other contracting States likewise engaged. Such prohibited areas shall be of reasonable extent and location so as not to interfere unnecessarily with air navigation. Descriptions of such prohibited areas in the territory of a contracting State, as well as any subsequent alterations therein, shall be communicated as soon as possible to the other contracting States;
b. Each contracting State reserves also the right, in exceptional circumstances or during a period of emergency, or in the interest of public safety, and with immediate effect temporarily to restrict or prohibit flying over the whole or any part of its territory, on condition that such restriction or prohibition shall be applicable without distinction of nationality to aircraft of all other States;
c. Each contracting State, under such regulations as it may prescribe, may require any aircraft entering the areas contemplated in subparagraphs a) or b) above to effect a landing as soon as practicable thereafter at some designated airport within its territory.
Article 12 - Rules of the air
Each contracting State undertakes to adopt measures to insure that every aircraft flying over or maneuvering within its territory and that every aircraft carrying its nationality mark,
wherever such aircraft may be, shall comply with the rules and regulations relating to the flight and maneuver of aircraft there in force. Each contracting State undertakes to keep its own regulations in these respects uniform, to the greatest possible extent, with those established from time to time under this Convention. Over the high seas, the rules in force shall be those established under this Convention. Each contracting State undertakes to insure the prosecution of all persons violating the regulations applicable.
Article 13 - Entry and clearance regulations
The laws and regulations of a contracting State as to the admission to or departure from its territory of passengers, crew or cargo of aircraft, such as regulations relating to entry,
clearance, immigration, passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State.
Article 14 - Search of aircraft
The appropriate authorities of each of the contracting States shall have the right, without unreasonable delay, to search aircraft of the other contracting States on landing or departure, and to inspect the certificates and other documents prescribed by this Convention.
Article 15 - Photographic apparatus
Each contracting State may prohibit or regulate the use of photographic apparatus in aircraft over its territory.
Article 16 - Amending this Convention
This convention may be amended by 3/4 majority of signatory nations.
