The Same Authority cannot be the Prosecutor, Investigator and the Judge: DGCA stripped off power to investigate accidents

Enough is Enough!! This is what the Civil Aviation Ministry had to say when it witnessed yet another extremely fatal air crash at Mangalore earlier in the year. As a result, India would now soon see an Independent Investigation Committee for aircraft accidents. This was a role which was, till date, being played by the Directorate General of Civil Aviation (DGCA).

Not only this, now the DGCA would also come under the scanner during probe for its policies and decisions that may have played a part in an air crash or incident. The Committee will be headed by a director and four other officers. With a pool of independent experts from the aviation industry, the Committee would have 15-20 members.

Though a formal shape is yet to be given to this Committee of Investigation, it is important to note that the investigation into the Mangalore Mishap is already being conducted by an Independent Investigation Team appointed by the Civil Aviation Ministry.

Out of the many issues that could arise out of this change in the functional duties of DGCA, two particular questions that bother me are:

1. DGCA is an industry regulator. What liabilities could a regulator incur due to the actions of the enterprises being regulated? It would be equivalent of saying that SEBI, the Capital Markets regulator could also be held liable for the SATYAM fiasco?

2. If the DGCA would be made liable, who on behalf of the regulator would be prosecuted and what would be the quantum of liability?

I urge all the readers to exercise their brains on these issues so that we can have a fruitful discussion here on the forum. Also it would be highly appreciated if anyone can point out any more issues that could possibly crop up from this proposed action by the Civil Aviation Ministry.

Happy Thinking... :)

The Treaties and Conventions Governing Air Space

The Wright Brothers invented the unthinkable. Since then the size of the aviation industry has only swelled with every single country on the planet having its flagship national air carrier. This played one of the most important roles in the dilution of national boundaries. With traffic in the air increasing, it became inevitable that the sector should be regulated. And so, the first treaty governing the international aviation sector came in 1929 – The Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air. Since then a number of conventions have been signed.

I’ve compiled all the conventions and treaties signed till date. Please scroll down to see the list. This is the first post in a series discussing India’s stand in the major international conventions governing the air space.

Date and Place of Adoption	Name of the Treaty	Brief Description	Date of Enforcement
12/10/1929 signed at Warsaw	Convention for the Unification of Certain Rules Relating to International Carriage by Air	Warsaw Convention (1929). Rules for international carriage by air	13/02/1933
07/12/1944 signed at Chicago	Convention on International Civil Aviation	Chicago Convention. Constitution of ICAO	4/04/1947
07/12/1944 signed at Chicago	International Air Transport Agreement	Transport Agreement. Five freedoms of the air	8/02/1945
07/12/1944 signed at Chicago	International Air Services Transit Agreement	Transit Agreement. Two freedoms of the air	30/01/1945
27/05/1947 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 93 bis]	Article 93 bis (1947). Expulsion or suspension	20/03/1961
21/11/1947 Adopted by the General Assembly of the United Nations	Convention on the Privileges and Immunities of the Specialized Agencies - application to ICAO	Convention on the Privileges and Immunities of the Specialized Agencies (1947)	2/12/1948
19/06/1948 signed at Geneva	Convention on the International Recognition of Rights in Aircraft	Geneva Convention (1948). Recognition of rights in aircraft	17/09/1953
07/10/1952 signed at Rome	Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface	Rome Convention (1952). Damage to third parties on surface	4/02/1958
14/06/1954 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 45]	Article 45 (1954). Seat of the Organization	16/05/1958
14/06/1954 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Articles 48(a), 49(e) and 61]	Articles 48(a), 49(e) and 61(1954). Frequency of Assembly sessions and budgets	12/12/1956
28/09/1955 signed at The Hague	Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929	The Hague Protocol (1955). Amending Warsaw Convention of 1929	01/08/1963
19/04/1956 signed at Paris	Multilateral Agreement on Commercial Rights of Non-Scheduled Air Services in Europe	Paris Agreement (1956). Commercial rights of non-scheduled services in Europe	21/08/1957
25/09/1956 signed at Geneva	Agreement on the Joint Financing of Certain Air Navigation Services in Greenland and the Faroe Islands	Joint Financing, Greenland (1956)	06/06/1958
25/09/1956 signed at Geneva	Agreement on the Joint Financing of Certain Air Navigation Services in Iceland	Joint Financing, Iceland (1956)	06/06/1958
22/04/1960 signed at Paris	Multilateral Agreement relating to Certificates of Airworthiness for Imported Aircraft	Paris Agreement (1960). Certificates of Airworthiness for Imported Aircraft	24/08/1961
21/06/1961 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 50(a)]	Article 50(a) (1961). Increase of Council to 27 members	17/07/1962
18/09/1961 signed at Guadalajara	Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier	Guadalajara Convention (1961). Supplementing Warsaw Convention of 1929	01/05/1964
15/09/1962 signed at Rome	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 48(a)]	Article 48(a) (1962)	11/09/1975
14/09/1963 signed at Tokyo	Convention on Offences and Certain Other Acts Committed on Board Aircraft	Tokyo Convention (1963). Offences and other acts committed on board aircraft	04/12/1969
10/07/1967 signed at Paris	International Agreement on the Procedure for the Establishment of Tariffs for Scheduled Air Services	Paris Multilateral Agreement (1967). Tariffs for Scheduled Air Services	30/05/1968
24/09/1968 signed at Buenos Aires	Protocol on the Authentic Trilingual Text of the Convention on International Civil Aviation (Chicago, 1944)	Protocol on the Authentic Trilingual Text (1968)	24/10/1968
16/12/1970 signed at The Hague	Convention for the Suppression of Unlawful Seizure of Aircraft	Hague Convention (1970). Unlawful seizure of aircraft	14/10/1971
08/03/1971 signed at Guatemala City	Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 as Amended by the Protocol done at The Hague on 28 September 1955	Guatemala City Protocol (1971). Amending Warsaw Convention of 1929 as amended by The Hague Protocol of 1955	not in force
12/03/1971 signed at New York	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 50(a)]	Article 50(a) (1971). Increase of Council to 30 members	16/01/1973
07/07/1971 signed at Vienna	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 56]	Article 56 (1971). Increase of ANC to 15 members	19/12/1974
23/09/1971 signed at Montreal	Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation	Montreal Convention (1971). Unlawful acts against the safety of civil aviation	26/01/1973
16/10/1974 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 50(a)]	Article 50(a) (1974). Increase of Council to 33 members	15/02/1980
25/09/1975 signed at Montreal	Additional Protocol No. 1 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929	Additional Protocol No. 1 (1975). Amending Warsaw Convention of 1929	15/02/1996
25/09/1975 signed at Montreal	Additional Protocol No. 2 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 as Amended by the Protocol done at The Hague on 28 September 1955	Additional Protocol No. 2 (1975). Amending Warsaw Convention of 1929 as amended by The Hague Protocol of 1955	15/02/1996
25/09/1975 signed at Montreal	Additional Protocol No. 3 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 as Amended by the Protocols done at The Hague on 28 September 1955 and at Guatemala City on 8 March 1971	Additional Protocol No. 3 (1975). Amending Warsaw Convention of 1929 as amended by The Hague Protocol of 1955 and Guatemala City Protocol of 1971	not in force
25/09/1975 signed at Montreal	Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929 as Amended by the Protocol done at The Hague on 28 September 1955	Montreal Protocol No. 4 (1975). Amending Warsaw Convention of 1929 as amended by The Hague Protocol of 1955	14/06/1998
30/09/1977 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Final Paragraph, Russian Text]	Final Paragraph (1977). Referring to the authentic Russian text	17/08/1999
30/09/1977 signed at Montreal	Protocol on the Authentic Quadrilingual Text of the Convention on International Civil Aviation (Chicago, 1944)	Protocol on the Authentic Quadrilingual Text (1977)	16/09/1999
23/09/1978 signed at Montreal	Protocol to Amend the Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface signed at Rome on 7 October 1952	Montreal Protocol (1978). Amending Rome Convention of 1952	25/07/2002
06/10/1980 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 83 bis]	Article 83 bis. Lease, charter or interchange	20/06/1997
03/11/1982 signed at Montreal	Protocol for the Amendment of the 1956 Agreement on the Joint Financing of Certain Air Navigation Services in Greenland and the Faroe Islands	Joint Financing, Greenland (1982). Amending Agreement of 1956	01/01/1983 prov. 17/11/1989 def.
03/11/1982 signed at Montreal	Protocol for the Amendment of the 1956 Agreement on the Joint Financing of Certain Air Navigation Services in Iceland	Joint Financing, Iceland (1982). Amending Agreement of 1956	01/01/1983 prov. 17/11/1989 def.
10/05/1984 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 3 bis]	Article 3 bis. Non-use of weapons against civil aircraft in flight	1/10/1998
16/06/1987 signed at Paris	International Agreement on the Procedure for the Establishment of Tariffs for Intra-European Scheduled Air Services	Paris Tariffs Agreement (1987). Replacing Agreement of 1967	05/06/1988
16/06/1987 signed at Paris	International Agreement on the Sharing of Capacity on Intra-European Scheduled Air Services	Paris Capacity Agreement (1987). Sharing of capacity on intra-European scheduled air services	17/07/1988
24/02/1988 signed at Montreal	Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971	Montreal Supplementary Protocol (1988). Acts of violence at airports	06/08/1989
01/07/1988 signed at Paris	The International COSPAS-SARSAT Programme Agreement	COSPAS-CARSAT Agreement (1988). International satellite system for search and rescue	30/08/1988
06/10/1989 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 56]	Article 56 (1989). Increase of ANC to 19 members	18/04/2005
26/10/1990 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 50(a)]	Article 50(a) (1990). Increase of Council to 36 members	28/11/2002
01/03/1991 signed at Montreal	Convention on the Marking of Plastic Explosives for the Purpose of Detection	Convention on the Marking of Plastic Explosives (1991)	21/06/1998
29/09/1995 signed at Montreal	Protocol on the Authentic Quinquelingual Text of the Convention on International Civil Aviation (Chicago, 1944)	Protocol on the Authentic Quinquelingual Text (1995)	not in force
29/10/1995 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Final Paragraph, Arabic Text]	Final Paragraph (1995). Referring to the authentic Arabic Text	not in force
01/10/1998 signed at Montreal	Protocol Relating to an Amendment to the Convention on International Civil Aviation [Final Paragraph, Chinese Text]	Final Paragraph (1998). Referring to the authentic Chinese Text	not in force
01/10/1998 signed at Montreal	Protocol on the Authentic Six-Language Text of the Convention on International Civil Aviation (Chicago, 1944)	Protocol on the Authentic Six-Language Text (1998)	not in force
28/05/1999 signed at Montreal	Convention for the Unification of Certain Rules for International Carriage by Air	Montreal Convention (1999). Rules for International carriage by air	04/11/2003
16/11/2001 signed in Cape Town	Convention on International Interests in Mobile Equipment	Cape Town Convention on Mobile Equipment (2001)	01/03/2006
16/11/2001 signed in Cape Town	Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment	Cape Town Protocol on Aircraft Equipment (2001)	01/03/2006
02/05/2009 signed at Montreal	Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft	Unlawful Interference Compensation Convention (2009)	not in force
02/05/2009 signed at Montreal	Convention on Compensation for Damage Caused by Aircraft to Third Parties	General Risks Convention (2009)	not in force
10/09/2010 signed at Beijing	Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation	Beijing Convention (2010)	not in force
10/09/2010 signed at Beijing	Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft	Beijing Protocol (2010)	not in force