RE: Chicago Convention 1944 (Part-5)

Articles 71 and 72, by paying to the Council an amount which in the opinion of the Council is reasonable in the circumstances. If the State considers that the amount fixed by the Council is unreasonable it may appeal to the Assembly against the decision of the Council and the Assembly may confirm or amend the decision of the Council.

Article 76 Return of funds

Funds obtained by the Council through reimbursement under Article 75 and from receipts of interest and amortisation payments under Article 74 shall, in the case or advances originally financed by States under Article 73, be returned to the States which were originally assessed in the proportion of their assessments, as determined by the Council.

chapter XVI joint operating organisations and pooled services

Article 77 Joint operating organisations permitted

Nothing in this Convention shall prevent two or more contracting States from constituting joint air transport operating organisations or international operating agencies and from pooling their air services on any routes or in any regions, but such organisations or agencies and such pooled services shall be subject to all the provisions of this Convention, including those relating to the registration of agreements with the Council. The Council shall determine in what manner the provisions of this Convention relating to nationality of aircraft shall apply to aircraft operated by international operating agencies.

Article 78 Function of Council

The Council may suggest to contracting States concerned that they form joint organisations to operate air services on any routes or in any regions.

Article 79 Participation in operating organisations

A State may participate in joint operating- organisations -or in pooling arrangements, either through its government or through an airline company or companies designated by its government. The companies may, at the sole discretion of the State concerned, be State-owned or partly State-owned or privately owned.

PART IV—FINAL PROVISIONS

chapter XVII other aeronautical agreements and arrangements

Article 80 Paris and Habana Conventions

Each contracting State undertakes, immediately upon the coming into force of this Convention, to give notice of denunciation of the Convention relating

to the Regulation of Aerial Navigation signed at Paris on October 13, 1919,¹⁵ or the Convention on Commercial Aviation signed at Habana on February 20, 1928,¹⁶ if it .is a party to either. As between contracting States, this Conven­tion supersedes the Conventions of Paris and Habana previously referred to.

Article 81 Registration of existing agreements

All aeronautical agreements which are in existence on the coming into force of this Convention, and which are between a contracting State and any other State or between an airline of a contracting State and any other State or the airline of any odier State, shall be forthwith registered with the Council.

Article 82 Abrogation of inconsistent arrangements

The contracting States accept this Convention as abrogating all obligations and understandings between diem which are inconsistent widi its terms, and undertake not to enter into any such obligations and understandings. A contracting State which, before becoming a member of the Organisation has undertaken any obligations toward a non-contracting State or a national of a contracting State or of a non-contracting State inconsistent widi the terms of this Convention, shall take immediate steps to procure its release from the obligations. If an airline of any contracting State has entered into any such inconsistent obligations, the State of which it is a national shall use its best efforts to secure their termination forthwith and shall in any event cause them to be terminated as soon as such action can lawfully be taken after the coming into force of this Convention.

Article 83 Registration of new arrangements

Subject to the provisions of the preceding Article, any contracting State may make arrangements not inconsistent widi the provisions of this Con­vention. Any such arrangement shall be forthwith registered with the Council, which shall make it public as soon as possible.

chapter XVIII    -disputes and default

Article 84 Settlement of disputes

If any disagreement between two or more contracting States relating to the interpretation or application of this Convention and its Annexes cannot be settled by negotiation, it shall, on die application of any State concerned in the disagreement, be decided by the Council. No member of die Council shall vote in die consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of die Council to an ad hoc arbitral tribunal agreed upon with the odier parties to die dispute or to die Permanent Court of International

is U.K.T.S. No. 2 (1922), Cmd. 1609; Hudson, 1 Int.Leg., p. 359. « L.N.T.S., No. 2963; Hudson, 4 Int.Leg., p. 2354.

Justice.   Any such appeal shall be notified to the Council within sixty days of receipt of notification of the decision of the Council.

Article 85 Arbitration procedure

If any contracting State party to a dispute in which the decision of the Council is under appeal has not accepted the Statute of the Permanent Court of International Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single arbitrator who shall name an umpire. If eidier contracting State party to the dispute fails to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of that State by the President of the Council from a list of qualified and available persons maintained by the Council. If, within 30 days, the arbitrators cannot agree on an umpire, the President of the Council shall designate an umpire from the list previously referred to. The arbitrators and the umpire shall then joindy constitute an arbitral tribunal. Any arbitral tribunal established under diis or the preceding Article shall settle its own procedure and give its decisions by majority vote, provided that the Council may determine procedural questions in the event of any delay which in the opinion of die Council is excessive.

Article 86 Appeals

Unless die Council decides otherwise, any decision by die Council on whedier an international airline is operating in conformity widi the provisions of diis Convention shall remain in effect unless reversed on appeal. On any odier matter, decisions of die Council shall, if appealed from, be suspended until the appeal is decided. The decisions of the Permanent Court of Inter­national Justice and of an arbitral tribunal shall be final and binding.

Article 87 Penalty for non-conformity by airline

Each contracting State undertakes not to allow the operation of an air­line of a contracting State through die airspace above its territory if die Council has decided that die airline concerned is not conforming to a final decision rendered in accordance widi die previous Article.

Article 88 Penalty for non-conformity by State

The Assembly shall suspend die voting power in the Assembly and in die Council of any contracting State that is found in default under the provisions of this Chapter.

chapter XIX war

Article 89 War and emergency conditions

In case of war, the provisions of diis Convention shall not affect die freedom of action of any of the contracting States affected, whedier as

belligerents or as neutrals. The same principle shall apply in the case of any contracting State which declares a state of national emergency and notifies the fact to die Council.

chapter XX annexes

Article 90 Adoption and Amendment of Annexes

(a) The adoption by the Council of the Annexes described in Article 54, sub-paragraph (/), shall require the vote of two-thirds of the Council at a meeting called for that purpose and shall then be submitted by the Council to each contracting State. Any such Annex or any amendment of an Annex shall become effective within three months after its submission to die con­tracting States or at the end of such longer period of time as the Council may prescribe, unless in the meantime a majority of die contracting States register their disapproval with die Council.

(b~) The Council shall immediately notify all contracting States of the coming into force of any Annex or amendment thereto.

chapter XXI ratifications, adherences, amendments, and denunciations

Article 91 Ratification of Convention

(a)     This Convention shall be subject to ratification by the signatory States.
The instruments of ratification  shall be deposited in the archives of the
Government of the United States of America, which shall give notice of the
date of die deposit to each of the signatory and adhering States.

(b) As soon as this Convention has been ratified or adhered to by twenty-
six States it shall come into force between diem on the thirtieth day after
deposit of die twenty-sixth instrument.    It shall come into force for each
State ratifying thereafter on the thirtiedi day after the deposit of its instru­
ment of ratification.

(c)  It shall be the duty of die Government of die United States of America
to Botify the government of each of die signatory and adhering States of the
date on which this Convention comes into force.

Article 92 Adherence to Convention

(a)     This  Convention shall  be  open  for  adherence by  members  of the
United Nations and States associated with them, and States which remained
neutral during the present world conflict.

(b) Adherence shall be effected by a notification addressed to the Govern­
ment of die United States of America  and shall take effect as from die
thirtieth  day  from  die receipt of the notification by the Government of
the United States of America, which shall notify all die contracting States.

Article 93 Admission of other States

States other than those provided for in Articles 91 and 92 (a) may, subject to approval by any general international organisation set up by the nations of the world to preserve peace, be admitted to participation in this Conven­tion by means of a four-fifths vote of the Assembly and on such conditions as the Assembly may prescribe: provided that in each case the assent of any State invaded or attacked during the present war by the State seeking admis­sion shall be necessary.

(Article 93 bis " Expulsion, readmission and suspension

(a) Notwithstanding the provisions of Articles 91, 92 and 93, above,

(1)  A State whose government the General Assembly of the United
Nations has recommended be debarred from membership in inter­
national agencies established by or brought into relationship with
the United Nations shall automatically cease to be a member of the
International Civil Aviation Organisation;

(2)   A State which has been expelled from membership in the United
Nations shall automatically cease to be a member of the Inter­
national Civil Aviation Organisation unless the General Assembly
of the United Nations attaches to its act of expulsion a recom­
mendation to the contrary.

(b) A  State which ceases to be a  member of the International Civil
Aviation Organisation as a result of the provisions of paragraph (a) above
may,  after approval by the  General Assembly of the United Nations, be
readmitted to the International Civil Aviation Organisation upon application
and upon approval by a majority of the Council.

(c)  Members of the Organisation which are suspended from the exercise
of the rights and privileges of membership of the United Nations shall, upon
the request of the latter, be suspended from  the rights and privileges of
membership in this Organisation^)

Article 94 Amendment of Convention

(a)  Any proposed amendment to this Convention must be approved by
a two-diirds vote of the Assembly and shall then come into force in respect
of States which have ratified such amendment when ratified by die number
of contracting States specified by die Assembly.    The number so specified
shall not be less dian two-diirds of the total number of contracting States.

(b)  If in its opinion die amendment is of such a nature as to justify this
course, the Assembly in its resolution recommending adoption may provide
that any State which has not ratified widiin a specified period after die
amendment has come into force shall diereupon cease to be a member of
die Organisation and a party to die Convention.

¹⁷ See Amendment Protocol I, 1947, below, App. B.   Not yet in force; for ratifications, see below, App. H.

 

Article 95 Denunciation, of Convention

(a) Any 'contracting State may give notice of denunciation of this Con­vention three years after its coming into effect by notification addressed to the Government of the United States of America, which shall at once inform each of the contracting States.

(ii) Denunciation shall take effect one year from the date of the receipt of the notification and shall operate only as regards the State effecting the denunciation.

chapter XXII definitions

Article 96 For the purpose of this Convention the expression:

(a)  " Air Service " means any scheduled air service performed by aircraft
for the public transport of passengers, mail or cargo.

(b)  " International air service " means an air service which passes through
the air space over the territory of more than one State.

(c)  " Airline " means any air transport enterprise offering or operating an

international air service.

(d) " Stop for non-traffic purposes " means a landing for any purpose other
than taking on or discharging passengers, cargo or mail.

signature of convention

In witness whereof, the undersigned Plenipotentiaries, having been duly authorised, sign this Convention on behalf of their respective governments on the dates appearing opposite their signatures.

done at Chicago the 7th day of December, 1944, in the English language. A text drawn up in the English, French, and Spanish languages, each of which shall be of equal authenticity, shall be opened for signature at Wash­ington, D.C. Both texts shall be deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by that Government to the governments of all the States which may sign or adhere to this Convention.

for the government of                                                

[List of Signatories omitted—see below, App. H.]

appendix IIL--- -*•

INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT

The States which sign and accept this International Air Services Transit Agreement, being members of the International Civil Aviation Organisation, declare as follows:

Section 1

Article I

Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services:

Transit Agreement, 1944

(1)   The privilege to fly across its territory without landing;

(2)   The privilege to land for non-traffic purposes.

The privileges of this section shall not be applicable with respect to airports utilised for military purposes to the exclusion of any scheduled international air services. In areas of active hostilities or of military occupation, and in time of war along the supply routes leading to such areas, the exercise of such privileges shall be subject to the approval of the competent military authorities.

Section 2

The exercise of the foregoing privileges shall be in accordance with the pro­visions of the Interim Agreement on International Civil Aviation and, when it comes into force, with the provisions of the Convention on International Civil Aviation, both drawn up at Chicago on December 7, 1944.

Section 3

A contracting State granting to the airlines of another contracting State the privilege to stop for non-traffic purposes may require such airlines to offer reasonable commercial service at the points at which such stops are made.

Such requirement shall not involve any discrimination between airlines operating on the same route, shall take into account the capacity of the air­craft, and shall be exercised in such a manner as not to prejudice the normal operations of the international air services concerned or the rights and obligations of a contracting State.

Section 4

Each contracting State may, subject to the provisions of this Agreement,

(1)   Designate the route to be followed within its territory by any inter­
national air service and the airports which any such service may
use;

(2)   Impose or permit to be imposed on any such service just and reason-

able charges for the use of such airports and other facilities; these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council of the International Civil Aviation-Organisation established under the above-mentioned Convention, which shall report and make recommendations thereon for the consideration of the State or States concerned.

Section 5

Each contracting State reserves the right to withhold or revoke a certificate or permit to an air transport enterprise of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a contracting State, or in case of failure of such air transport enterprise to comply with the laws of the State over which it operates, or to perform its obligations under this Agreement.

„     .      ,                                              Article II

Section 1

A contracting State which deems that action by another contracting State under this Agreement is causing injustice or hardship to it, may request the

Council to examine the situation. The Council shall thereupon inquire into the matter, and shall call the States concerned into consultation. Should such consultation fail to resolve the difficulty, the Council may make appropriate findings and recommendations to the contracting States concerned. If there­after a contracting State concerned shall in the opinion of the Council un­reasonably fail to take suitable corrective action, the Council may recommend to the Assembly of the above-mentioned Organisation that such contracting State be suspended from its rights and privileges under this Agreement until such action has been taken. The Assembly by a two-thirds vote may so suspend such contracting State for such period of time as it may deem proper or until the Council shall find that corrective action has been taken by such State.

Section 2

If any disagreement between two or more contracting States relating to the interpretation or application of this Agreement cannot be settled by negotiation, die provisions of Chapter XVIII of die above-mentioned Con­vention shall be applicable in die same manner as provided dierein with reference to any disagreement relating to the interpretation or application of die above-mentioned Convention.

Article III

This Agreement shall remain in force as long as the above-mentioned Con­vention; provided, however, that any contracting State, a party to the present Agreement, may denounce it on one year's notice given by it to the Govern­ment of the United States of America, which shall at once inform all odier contracting States of such notice and wididrawal.

Article IV

Pending the coming into force of die above-mentioned Convention, all references to it herein, other than those contained in Article II, Section 2, and Article V, shall be deemed to be references to the Interim Agreement on International Civil Aviation drawn up at Chicago on December 7, 1944; and references to the International Civil Aviation Organisation, die Assembly, and the Council shall be deemed to be references to the Provisional Inter­national Civil Aviation Organisation, the Interim Assembly, and Interim Council, respectively.

Article V

For die purposes of diis Agreement, " territory" shall be defined as in Article 2 of the above-mentioned Convention.

Article VI signatures and acceptances of agreement

The undersigned delegates to the International Civil Aviation Conference, convened in Chicago on November 1, 1944, have affixed their signatures to this Agreement with the understanding diat the Government of die United States of America shall be informed at the earliest possible date by each of the governments on whose behalf the Agreement has been signed whether signature on its behalf shall constitute an acceptance of the Agreement by that government and an obligation binding upon it.