Convention on International
Civil Aviation
Preamble
WHEREAS the
future development of international civil aviation can greatly help to create
and preserve friendship and understanding among the nations and peoples of the
world, yet its abuse can become a threat to the general security; and
WHEREAS it is
desirable to avoid friction and to promote that cooperation between nations and
peoples upon which the peace of the world depends;
THEREFORE, the
undersigned governments having agreed on certain principles and arrangements in
order that international civil aviation may be developed in a safe and orderly
manner and that international air transport services may be established on the
basis of equality of opportunity and operated soundly and economically;
Have
accordingly concluded this Convention to that end.
Came into
force on 4 April 1947, the thirtieth day after deposit with the Government of
the
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) 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.
Each
contracting State agrees not to use civil aviation for any purpose inconsistent
with the aims of this Convention.
Each
contracting State agrees that all aircraft of the other contracting States,
being aircraft not engaged in scheduled international air services shall have
the right, subject to the observance of the terms of this Convention, to make
flights into or in transit non-stop across its territory and to make stops for
non-traffic purposes without the necessity of obtaining prior permission, and
subject to the right of the State flown over to require landing. Each
contracting State nevertheless reserves the right, for reasons of safety of
flight, to require aircraft desiring to proceed over regions which are
inaccessible or without adequate air navigation facilities to follow prescribed
routes, or to obtain special permission for such flights.
Such aircraft,
if engaged in the carriage of passengers, cargo, or mail for remuneration or
hire on other than scheduled international air services, shall also, subject to
the provisions of Article 7, have the privilege of taking on or discharging
passengers, cargo, or mail, subject to the right of any State where such
embarkation or discharge takes place to impose such regulations, conditions or
limitations as it may consider desirable.
No scheduled
international air service may be operated over or into the territory of a
contracting State, except with the special permission or other authorization of
that State, and in accordance with the terms of such permission or
authorization.
Each
contracting State shall have the right to refuse permission to the aircraft of
other contracting States to take on in its territory passengers, mail and cargo
carried for remuneration or hire and destined for another point within its
territory. Each contracting State undertakes not to enter into any arrangements
which specifically grant any such privilege on an exclusive basis to any other
State or an airline of any other State, and not to obtain any such exclusive
privilege from any other State.
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.
(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 and to the
International Civil Aviation Organization.
(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.
Except in a
case where, under the terms of this Convention or a special authorization,
aircraft are permitted to cross the territory of a contracting State without
landing, every aircraft which enters the territory of a contracting State
shall, if the regulations of that State so require, land at an airport
designated by that State for the purpose of customs and other examination. On
departure from the territory of a contracting State, such aircraft shall depart
from a similarly designated customs airport. Particulars of all designated
customs airports shall be published by the State and transmitted to the
International Civil Aviation Organization established under Part 11 of this
Convention for communication to all other contracting States.
Subject to the
provisions of this Convention, the laws and regulations of a contracting State
relating to the admission to or departure from its territory of aircraft
engaged in international air navigation, or to the operation and navigation of
such aircraft while within its territory, shall be applied to the aircraft of
all contracting States without distinction as to nationality, and shall be
complied with by such aircraft upon entering or departing from or while within
the territory of that State.
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.
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.
Each
contracting State agrees to take effective measures to prevent the spread by
means of air navigation of cholera, typhus (epidemic), smallpox, yellow fever,
plague, and such other communicable diseases as the contracting States shall
from time to time decide to designate, and to that end contracting States will
keep in close consultation with the agencies concerned with international
regulations relating to sanitary measures applicable to aircraft. Such
consultation shall be without prejudice to the application of any existing
international convention on this subject to which the contracting States may be
parties.
Every airport
in a contracting State which is open to public use by its national aircraft
shall likewise, subject to the provisions of Article 68, be open under uniform
conditions to the aircraft of all the other contracting States. The like
uniform conditions shall apply to the use, by aircraft of every contracting
State, of all air navigation facilities, including radio and meteorological
services, which may be provided for public use for the safety and expedition of
air navigation. Any charges that may be imposed or permitted to be imposed by a
contracting State for the use of such airports and air navigation facilities by
the aircraft of any other contracting State shall not be higher,
(a) As to
aircraft not engaged in scheduled international air services, than those that
would be paid by its national aircraft of the same class engaged in similar
operations, and
(b) As to
aircraft engaged in scheduled international air services, than those that would
be paid by its national aircraft engaged in similar international air services.
All such
charges shall be published and communicated to the International Civil Aviation
Organization, 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, which shall report and make
recommendations thereon for the consideration of the State or States concerned.
No fees, dues or other charges shall be imposed by any contracting State in
respect solely of the right of transit over or entry into or exit from its
territory of any aircraft of a contracting State or persons or property
thereon.
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.
Aircraft have
the nationality of the State in which they are registered.
An aircraft
cannot be validly registered in more than one State, but its registration may
be changed from one State to another.
The
registration or transfer of registration of aircraft in any contracting State
shall be made in accordance with its laws and regulations.
Every aircraft
engaged in international air navigation shall bear its appropriate nationality
and registration marks.
Each
contracting State undertakes to supply to any other contracting State or to the
International Civil Aviation Organization, on demand, information concerning
the registration and ownership of any particular aircraft registered in that
State. In addition, each contracting State shall furnish reports to the
International Civil Aviation Organization, under such regulations as the latter
may prescribe, giving such pertinent data as can be made available concerning
the ownership and control of aircraft registered in that State and habitually
engaged in international air navigation. The data thus obtained by the
International Civil Aviation Organization shall be made available by it on
request to the other contracting States.
Each
contracting State agrees to adopt all practicable measures, through the
issuance of special regulations or otherwise, to facilitate and expedite
navigation by aircraft between the territories of contracting States, and to
prevent unnecessary delays to aircraft, crews, passengers and cargo, especially
in the administration of the laws relating to immigration, quarantine, customs
and clearance.
Each
contracting State undertakes, so far as it may find practicable, to establish
customs and immigration procedures affecting international air navigation in
accordance with the practices which may be established or recommended from time
to time, pursuant to this Convention. Nothing in this Convention shall be
construed as preventing the establishment of customs-free airports.
(a) Aircraft
on a flight to, from, or across the territory of another contracting State
shall be admitted temporarily free of duty, subject to the customs regulations
of the State. Fuel, lubricating oils, spare parts, regular
equipment and aircraft stores on board an aircraft of a contracting State, on
arrival in the territory of another contracting State and retained on board on
leaving the territory of that State shall be exempt from customs duty,
inspection fees or similar national or local duties and charges. This exemption
shall not apply to any quantities or articles unloaded, except in accordance
with the customs regulations of the State, which may require that they shall be
kept under customs supervision.
(b) Spare
parts and equipment imported into the territory of a contracting State for
incorporation in or use on an aircraft of another contracting State engaged in
international air navigation shall be admitted free of customs duty, subject to
compliance with the regulations of the State concerned, which may provide that
the articles shall be kept under customs supervision and control.
Each
contracting State undertakes to provide such measures of assistance to aircraft
in distress in its territory as it may find practicable, and to permit, subject
to control by its own authorities, the owners of the aircraft or authorities of
the State in which the aircraft is registered to provide such measures of
assistance as may be necessitated by the circumstances. Each contracting State,
when undertaking search for missing aircraft, will collaborate in coordinated
measures which may be recommended from time to time pursuant to this
Convention.
In the event
of an accident to an aircraft of a contracting State occurring in the territory
of another contracting State, and involving death or serious injury, or
indicating serious technical defect in the aircraft or air navigation facilities,
the State in which the accident occurs will institute an inquiry into the
circumstances of the accident, in accordance, so far as its laws permit, with
the procedure which may be recommended by the International Civil Aviation
Organization. The State in which the aircraft is registered shall be given the
opportunity to appoint observers to be present at the inquiry and the State
holding the inquiry shall communicate the report and findings in the matter to
that State.
(a) While
engaged in international air navigation, any authorized entry of aircraft of a
contracting State into the territory of another contracting State or authorized
transit across the territory of such State with or without landings shall not
entail any seizure or detention of the aircraft or any claim against the owner
or operator thereof or any other interference therewith by or on behalf of such
State or any person therein, on the ground that the construction, mechanism,
parts, accessories or operation of the aircraft is an infringement of any
patent, design, or model duly granted or registered in the State whose
territory is entered by the aircraft, it being agreed that no deposit of
security in connection with the foregoing exemption from seizure or detention
of the aircraft shall in any case be required in the State entered by such
aircraft.
(b) The
provisions of paragraph (a) of this Article shall also be applicable to the
storage of spare parts and spare equipment for the aircraft and the right to
use and install the same in the repair of an aircraft of a contracting State in
the territory of any other contracting State, provided that any patented part
or equipment so stored shall not be sold or distributed internally in or exported
commercially from the contracting State entered by the aircraft.
(c) The
benefits of this Article shall apply only to such States, parties to this
Convention, as either (1) are parties to the International Convention for the
Protection of Industrial Property and to any amendments thereof; or (2) have
enacted patent laws which recognize and give adequate protection to inventions
made by the nationals of the other States parties to this Convention.
Each
contracting State undertakes, so far as it may find practicable, to:
(a) Provide,
in its territory, airports, radio services, meteorological services and other
air navigation facilities to facilitate international air navigation, in
accordance with the standards and practices recommended or established from
time to time, pursuant to this Convention;
(b) Adopt and
put into operation the appropriate standard systems of communications
procedure, codes, markings, signals, lighting and other operational practices
and rules which may be recommended or established from time to time, pursuant
to this Convention;
(c)
Collaborate in international measures to secure the publication of aeronautical
maps and charts in accordance with standards which may be recommended or
established from time to time, pursuant to this Convention.
Every aircraft
of a contracting State, engaged in international navigation, shall carry the
following documents in conformity with the conditions prescribed in this
Convention:
(a) Its
certificate of registration;
(b) Its
certificate of airworthiness;
(c) The
appropriate licenses for each member of the crew;
(d) Its
journey log book;
(e) If it is
equipped with radio apparatus, the aircraft radio station license;
(f) If it
carries passengers, a list of their names and places of embarkation and
destination;
(g) If it
carries cargo, a manifest and detailed declarations of the cargo.
(a) Aircraft
of each contracting State may, in or over the territory of other contracting
States, carry radio transmitting apparatus only if a license to install and
operate such apparatus has been issued by the appropriate authorities of the
State in which the aircraft is registered. The use of radio transmitting
apparatus in the territory of the contracting State whose territory is flown
over shall be in accordance with the regulations prescribed by that State.
(b) Radio
transmitting apparatus may be used only by members of the flight crew who are
provided with a special license for the purpose, issued by the appropriate
authorities of the State in which the aircraft is registered.
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.
(a) The pilot
of every aircraft and the other members of the operating crew of every aircraft
engaged in international navigation shall be provided with certificates of
competency and licenses issued or rendered valid by the State in which the
aircraft is registered.
(b) Each
contracting State reserves the right to refuse to recognize, for the purpose of
flight above its own territory, certificates of competency and licenses granted
to any of its nationals by another contracting State.
Certificates
of airworthiness and certificates of competency and licenses 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 licenses 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.
There shall be
maintained in respect of every aircraft engaged in international navigation a
journey log book in which shall be entered particulars of the aircraft, its
crew and of each journey, in such form as may be prescribed from time to time pursuant
to this Convention.
(a) No
munitions of war or implements of war may be carried in or above the territory
of a State in aircraft engaged in international navigation, except by
permission of such State. Each State shall determine by regulations what
constitutes munitions of war or implements of war for the purposes of this
Article, giving due consideration, for the purposes of uniformity, to such
recommendations as the International Civil Aviation Organization may from time
to time make.
(b) Each
contracting State reserves the right, for reasons of public order and safety,
to regulate or prohibit the carriage in or above its territory of articles
other than those enumerated in paragraph (a): provided that no distinction is
made in this respect between its national aircraft engaged in international
navigation and the aircraft of the other States so engaged; and provided
further that no restriction shall be imposed which may interfere with the
carriage and use on aircraft of apparatus necessary for the operation or
navigation of the aircraft or the safety of the personnel or passengers.
Each
contracting State may prohibit or regulate the use of photographic apparatus in
aircraft over its territory.
Each
contracting State undertakes to collaborate in securing the highest practicable
degree of uniformity in regulations, standards, procedures, and organization in
relation to aircraft, personnel, airways and auxiliary services in all matters
in which such uniformity will facilitate and improve air navigation.
To this end
the International Civil Aviation Organization shall adopt and amend from time
to time, as may be necessary, international standards and recommended practices
and procedures dealing with:
(a)
Communications systems and air navigation aids, including ground marking;
(b) Characteristics
of airports and landing areas;
(c) Rules of
the air and air traffic control practices;
(d) Licensing
of operating and mechanical personnel;
(e)
Airworthiness of aircraft;
(f)
Registration and identification of aircraft;
(g) Collection
and exchange of meteorological information;
(h) Log books;
(i) Aeronautical maps and charts;
(j) Customs
and immigration procedures;
(k) Aircraft
in distress and investigation of accidents;
and
such other matters concerned with the safety, regularity, and efficiency of air
navigation as may from time to time appear appropriate.
Any State
which finds it impracticable to comply in all respects with any such
international standard or procedure, or to bring its own regulations or
practices into full accord with any international standard or procedure after
amendment of the latter, or which deems it necessary to adopt regulations or
practices differing in any particular respect from those established by an
international standard, shall give immediate notification to the International
Civil Aviation Organization of the differences between its own practice and
that established by the international standard. In the case of amendments to
international standards, any State which does not make the appropriate
amendments to its own regulations or practices shall give notice to the Council
within sixty days of the adoption of the amendment to the international
standard, or indicate the action which it proposes to take. In any such case,
the Council shall make immediate notification to all other states of the
difference which exists between one or more features of an international
standard and the corresponding national practice of that State.
(a) Any
aircraft or part thereof with respect to which there exists an international
standard of airworthiness or performance, and which failed in any respect to
satisfy that standard at the time of its certification, shall have endorsed on
or attached to its airworthiness certificate a complete enumeration of the
details in respect of which it so failed.
(b) Any person
holding a license who does not satisfy in full the conditions laid down in the
international standard relating to the class of license or certificate which he
holds shall have endorsed on or attached to his license a complete enumeration
of the particulars in which he does not satisfy such conditions.
No aircraft or
personnel having certificates or licenses so endorsed shall participate in
international navigation, except with the permission of the State or States
whose territory is entered. The registration or use of any such aircraft, or of
any certificated aircraft part, in any State other than that in which it was
originally certificated shall be at the discretion of the State into which the
aircraft or part is imported.
The provisions
of this Chapter shall not apply to aircraft and aircraft equipment of types of
which the prototype is submitted to the appropriate national authorities for
certification prior to a date three years after the date of adoption of an
international standard of airworthiness for such equipment.
The provisions
of this Chapter shall not apply to personnel whose licenses are originally issued
prior to a date one year after initial adoption of an international standard of
qualification for such personnel; but they shall in any case apply to all
personnel whose licenses remain valid five years after the date of adoption of
such standard.
An
organization to be named the international Civil Aviation Organization is
formed by the Convention. it is made up of an
Assembly, a Council, and such other bodies as may be necessary.
The aims and
objectives of the Organization are to develop the principles and techniques of
international air navigation and to foster the planning and development of
international air transport so as to:
(a) Insure the
safe and orderly growth of international civil aviation throughout the world;
(b) Encourage
the arts of aircraft design and operation for peaceful purposes;
(c) Encourage
the development of airways, airports, and air navigation facilities for
international civil aviation;
(d) Meet the
needs of the peoples of the world for safe, regular, efficient and economical
air transport;
(e) Prevent
economic waste caused by unreasonable competition;
(f) Insure
that the rights of contracting States are fully respected and that every
contracting State has a fair opportunity to operate international airlines;
(g) Avoid
discrimination between contracting States;
(h) Promote
safety of flight in international air navigation;
(i) Promote generally the development of all aspects of
international civil aeronautics.
The permanent
seat of the Organization shall be at such place as shall be determined at the
final meeting of the Interim Assembly of the Provisional International Civil
Aviation Organization set up by the Interim Agreement on International Civil
Aviation signed at
The first
meeting of the Assembly shall be summoned by the Interim Council of the
above-mentioned Provisional Organization as soon as the Convention has come
into force, to meet at a time and place to be decided by the Interim Council.
The
Organization shall enjoy in the territory of each contracting State such legal
capacity as may be necessary for the performance of its functions. Full
juridical personality shall be granted wherever compatible with the
constitution and laws of the State concerned.
(a) The
Assembly shall meet annually and shall be convened by the Council at a suitable
time and place Extraordinary meetings of the Assembly may be held at any time
upon the call of the Council or at the request of any ten contracting States
addressed to the Secretary General.
(b) All
contracting States shall have an equal right to be represented at the meetings
of the Assembly and each contracting State shall be entitled to one vote.
Delegates representing contracting States may be assisted by technical advisers
who may participate in the meetings but shall have no vote.
(c) A majority
of the contracting States is required to constitute a quorum for the meetings
of the Assembly. Unless otherwise provided in this Convention, decisions of the
Assembly shall be taken by a majority of the votes cast.
The powers and
duties of the Assembly shall be to:
(a) Elect at
each meeting its President and other officers;
(b) Elect the
contracting States to be represented on the Council, in accordance with the
provisions of Chapter IX;
(c) Examine
and take appropriate action on the reports of the Council and decide on any
matter referred to it by the Council;
(d) Determine
its own rules of procedure and establish such subsidiary commissions as it may
consider to be necessary or desirable;
(e) Vote an
annual budget and determine the financial arrangements of the Organization, in
accordance with the provisions of Chapter XII;
(f) Review
expenditures and approve the accounts of the Organization;
(g) Refer, at
its discretion, to the Council, to subsidiary commissions, or to any other body
any matter within its sphere of action;
(h) Delegate
to the Council the powers and authority necessary or desirable for the
discharge of the duties of the Organization and revoke or modify the
delegations of authority at any time;
(i) Carry out the appropriate provisions of Chapter XIII;
(j) Consider
proposals for the modification or amendment of the provisions of this
Convention and, if it approves of the proposals, recommend them to the
contracting States in accordance with the provisions of Chapter XXI;
(k) Deal with
any matter within the sphere of action of the Organization not specifically
assigned to the Council.
(a) The
Council shall be a permanent body responsible to the Assembly. It shall be
composed of twenty-one contracting States elected by the Assembly. An election
shall be held at the first meeting of the Assembly and thereafter every three
years, and the members of the Council so elected shall hold office until the
next following election.
(b) In
electing the members of tile Council, the Assembly shall give adequate
representation to (1) the States of chief importance in air transport; (2) the
States not otherwise included which make the largest contribution to the
provision of facilities for international civil air navigation; and (3) the
States not otherwise included whose designation will insure that all the major
geographic areas of the world are represented on tile Council. Any vacancy on
the Council shall be filled by the Assembly as soon as possible; any
contracting State so elected to the Council shall hold office for the unexpired
portion of its predecessor's term of office.
(c) No
representative of a contracting State on the Council shall be actively
associated with the operation of an international air service or financially
interested in such a service.
The Council
shall elect its President for a term of three years. He may be reelected. He shall have no vote. The Council shall elect
from among its members one or more Vice Presidents who shall retain their right
to vote when serving as acting President. The President need not be selected
from among the representatives of the members of the Council but, if a representative
is elected, his seat shall be deemed vacant and it shall be filled by the State
which he represented. The duties of the President shall be to:
(a) Convene
meetings of the Council, the Air Transport Committee, and the Air Navigation
Commission;
(b) Serve as
representative of the Council; and
(c) Carry out
on behalf of the Council the functions which the Council assigns to him.
Decisions by
the Council shall require approval by a majority of its members. The Council may
delegate authority with respect to any particular matter to a committee of its
members. Decisions of any committee of the Council may be appealed to the
Council by any interested contracting State,
Any contracting
State may participate, without a vote, in the consideration by the Council and
by its committees and commissions of any question which especially affects its
interests. No member of the Council shall vote in the consideration by the
Council of a dispute to which it is a party.
The Council
shall:
(a) Submit
annual reports to the Assembly;
(b) Carry out
the directions of the Assembly and discharge the duties and obligations which
are laid on it by this Convention;
(c) Determine
its organization and rules of procedure;
(d) Appoint
and define the duties of an Air Transport Committee, which shall be chosen from
among the representatives of the members of the Council, and which shall be
responsible to it;
(e) Establish
an Air Navigation Commission, in accordance with the provisions of Chapter X;
(f) Administer
the finances of the Organization in accordance with the provisions of Chapters
XII and XV;
(g) Determine
the emoluments of the President of the Council;
(h) Appoint a
chief executive officer who shall be called the Secretary General, and make
provision for the appointment of such other personnel as may be necessary, in
accordance with the provisions of Chapter XI;
(i) Request, collect, examine and publish information
relating to the advancement of air navigation and the operation of
international air services, including information about the costs of operation
and particulars of subsidies paid to airlines from public funds;
(j) Report to
contracting States any infraction of this Convention, as well as any failure to
carry out recommendations or determinations of the Council;
(k) Report to
the Assembly any infraction of this Convention where a contracting State has
failed to take appropriate action within a reasonable time after notice of the
infraction;
(l) Adopt, in
accordance with the provisions of Chapter VI of this Convention, international
standards and recommended practices; for convenience, designate them as Annexes
to this Convention; and notify all contracting States of the action taken;
(m) Consider
recommendations of the Air Navigation Commission for amendment of the Annexes
and take action in accordance with the provisions of Chapter XX;
(n) Consider
any matter relating to the Convention which any contracting State refers to it.
The Council
may:
(a) Where
appropriate and as experience may show to be desirable, create subordinate air
transport commissions on a regional or other basis and define
groups of
states or airlines with or through which it may deal to facilitate the carrying
out of the aims of this Convention;
(b) Delegate
to the Air Navigation Commission duties additional to those set forth in the
Convention and revoke or modify such delegations of authority at any time;
(c) Conduct
research into all aspects of air transport and air navigation which are of
international importance, communicate the results of its research to the
contracting States, and facilitate the exchange of information between contracting
States on air transport and air navigation matters;
(d) Study any
matters affecting the organization and operation of international air
transport, including the international ownership and operation of international
air services on trunk routes, and submit to the Assembly plans in relation
thereto;
(e)
Investigate, at the request of any contracting State, any situation which may
appear to present avoidable obstacles to the development of international air
navigation; and, after such investigation, issue such reports as may appear to
it desirable.
The Air
Navigation Commission shall be composed of twelve members appointed by the Council
from among persons nominated by contracting States. These persons shall have
suitable qualifications and experience in the science and practice of
aeronautics. The Council shall request all contracting States to submit
nominations. The President of the Air Navigation Commission shall be appointed
by the Council.
The Air
Navigation Commission shall:
(a) Consider,
and recommend to the Council for adoption, modifications of the Annexes to this
Convention;
(b) Establish
technical subcommissions on which any contracting
State may be represented, if it so desires;
(c) Advise the
Council concerning the collection and communication to the contracting States
of all information which it considers necessary and useful for the advancement
of air navigation.
Subject to any
rules laid down by the Assembly and to the provisions of this Convention, the
Council shall determine the method of appointment and of termination of appointment,
the training, and the salaries, allowances, and conditions of service of the
Secretary General and other personnel of the Organization, and may employ or
make use of the services of nationals of any contracting State.
The President
of the Council, the Secretary General, and other personnel shall not seek or
receive instructions in regard to the discharge of their responsibilities from
any authority external to the Organization. Each contracting State undertakes
fully to respect the international character of the responsibilities of the
personnel and not to seek to influence any of its nationals in the discharge of
their responsibilities.
Each contracting
State undertakes, so far as possible under its constitutional procedure, to
accord to the President of the Council, the Secretary General, and the other
personnel of the Organization, the immunities and privileges which are accorded
to corresponding personnel of other public international organizations. If a
general international agreement on the immunities and privileges of
international civil servants is arrived at, the immunities and privileges
accorded to the President, the Secretary General, and the other personnel of
the Organization shall be the immunities and privileges accorded under that
general international agreement.
The Council
shall submit to the Assembly an annual budget, annual statements of accounts
and estimates of all receipts and expenditures. The Assembly shall vote the
budget with whatever modification it sees fit to prescribe, and, with the
exception of assessments under Chapter XV to States consenting thereto, shall
apportion the expenses of the Organization among the contracting States on the
basis which it shall from time to time determine.
The Assembly
may suspend the voting power in the Assembly and in the Council of any
contracting State that fails to discharge within a reasonable period its
financial obligations to the Organization.
Each
contracting State shall bear the expenses of its own delegation to the Assembly
and the remuneration, travel, and other expenses of any person whom it appoints
to serve on the Council, and of its nominees or representatives on any
subsidiary committees or commissions of the Organization.
The
Organization may, with respect to air matters within its competence directly
affecting world security, by vote of the Assembly enter into appropriate
arrangements with any general organization set up by the nations of the world
to preserve peace.
The Council,
on behalf of the Organization, may enter into agreements with ot4er
international bodies for the maintenance of common services and for common
arrangements concerning personnel and, with the approval of the Assembly, may
enter into such other arrangements as may facilitate the work of the
Organization.
(a) The Organization
shall also carry out the functions placed upon it by the International Air
Services Transit Agreement and by the International Air Transport Agreement
drawn up at
(b) Members of
the Assembly and the Council who have not accepted the International Air
Services Transit Agreement of the International Air Transport Agreement drawn
up at
Each
contracting State undertakes that its international airlines shall, in
accordance with requirements laid down by the Council, file with the Council
traffic reports, cost statistics and financial statements showing among other
things all receipts and the sources thereof.
Each
contracting State may, subject to the provisions of this Convention, designate
the route to be followed within its territory by any international air service
and the airports which any such service may use.
If the Council
is of the opinion that the airports or other air navigation facilities,
including radio and meteorological services, of a contracting State are not
reasonably adequate for the safe, regular, efficient, and economical operation
of international air services, present or contemplated, the Council shall
consult with the State directly concerned, and other States affected, with a
view to finding means by which the situation may be remedied, and may make
recommendations for that purpose. No contracting State shall be guilty of an
infraction of this Convention if it fails to carry out these recommendations.
A contracting
State, in the circumstances arising under the provisions of Article 69, may
conclude an arrangement with the Council for giving effect to such
recommendations. The State may elect to bear all of the costs involved in any
such arrangement. If the State does not so elect, the Council may agree, at the
request of the State, to provide for all or a portion of the costs.
If a
contracting State so requests, the Council may agree to provide, man, maintain,
and administer any or all of the airports and other air navigation facilities
including radio and meteorological services, required in its territory for the
safe, regular, efficient and economical operation of the international air
services of the other contracting States, and may specify just and reasonable
charges for the use of the facilities provided.
Where land is
needed for facilities financed in whole or in part by the Council at the
request of a contracting State, that State shall either provide the land
itself, retaining title if it wishes, or facilitate the use of the land by the
Council on just and reasonable terms and in accordance with the laws of the
State concerned.
Within the
limit of the funds which may be made available to it by the Assembly under
Chapter XII, the Council may make current expenditures for the purposes of this
Chapter from the general funds of the organization. The Council shall assess
the capital funds required for the purposes of this Chapter in previously
agreed proportions over a reasonable period of time to the contracting States
consenting thereto whose airlines use the facilities. The Council may also
assess to States that consent any working funds that are required.
When the
Council, at the request of a contracting State, advances funds or provides
airports or other facilities in whole or in part, the arrangement may provide,
with the consent of that State, for technical assistance in the supervision and
operation of the airports and other facilities, and for the payment, from the
revenues derived from the operation of the airports and other facilities, of the
operating expenses of the airports and the other facilities, and of interest
and amortization charges.
A contracting
State may at any time discharge any obligation into which it has entered under
Article 70, and take over airports and other facilities which the Council has
provided in its territory pursuant to the provisions of 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.
Funds obtained
by the Council through reimbursement under Article 75 and from receipts of
interest and amortization payments under Article 74 shall, in the case of
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.
Nothing in this
Convention shall prevent two or more contracting States from constituting joint
air transport operating organizations or international operating agencies and
from pooling their air services on any routes or in any regions, but such
organizations 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.
The Council
may suggest to contracting States concerned that they form joint organizations
to operate air services on any routes or in any regions.
A State may
participate in joint operating organizations 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.
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
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 other State, shall be forthwith registered with the Council.
The
contracting States accept this Convention as abrogating all obligations and
understandings between them which are inconsistent with its terms, and undertake
not to enter into any such obligations and understandings. A contracting State
which, before becoming a member of the Organization has undertaken any
obligations toward a non-contracting State or a national of a contracting State
or of a non-contracting State inconsistent with 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 forth with 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.
Subject to the
provisions of the preceding Article, any contracting State may make
arrangements not inconsistent with the provisions of this Convention. Any such
arrangement shall be forthwith registered with the Council, which shall make it
public as soon as possible.
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 the application of any State concerned in
the disagreement, be decided by the Council. No member of the Council shall
vote in the 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
the Council to an ad hoc arbitral tribunal agreed upon with the other parties
to the dispute or to the Permanent Court of International Justice. Any such
appeal shall be notified to the Council within sixty days of receipt of
notification of the decision of the Council.
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 either 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
thirty 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 jointly constitute an arbitral tribunal.
Any arbitral tribunal established under this 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 the Council is excessive.
Unless the
Council decides otherwise any decision by the Council on whether an
international airline is operating in conformity with the provisions of this
Convention shall remain in effect unless reversed on appeal. On any other
matter, decisions of the 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.
Each
contracting State undertakes not to allow the operation of an airline of a
contracting State through the airspace above its territory if the Council has
decided that the airline concerned is not conforming to a final decision rendered
in accordance with the previous Article.
Tile Assembly
shall suspend the voting power in the Assembly and in the Council of any
contracting State that is found in default under the provisions of this Chapter.
in
case of war, the provisions of this Convention shall not affect the freedom of
action of any of the contracting States affected, whether 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 the
Council.
(a) The
adoption by the Council of the Annexes described in Article 54, subparagraph (1), 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 the
contracting States or at the end of such longer period of time as the Council
may prescribe, unless in the meantime a majority of the contracting States
register their disapproval with the Council.
(b) The
Council shall immediately notify all contracting States of the Coming into
force of any Annex or amendment thereto.
(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
(b) As soon as
this Convention has been ratified or adhered to by twenty-six States it shall
come into force between them on the thirtieth day after deposit of the
twenty-sixth instrument. It shall come into force for each State ratifying thereafter
on the thirtieth day after the deposit of its instrument of ratification.
(c) It shall
be the duty of the Government of the
(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 Government of the United
States of America and shall take effect as from the thirtieth day from the
receipt of the notification by the Government of the United States of America,
which shall notify all the contracting States.
States other
than those provided for in Articles 91 and 92 (a) may, subject to approval by
any general international organization 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.
(a) Any
proposed amendment to this Convention must be approved by a two-thirds vote of
the Assembly and shall then come into force in respect of States which have
ratified such amendment when ratified by the number of contracting States
specified by the Assembly. The number so specified shall not be less than
two-thirds of the total number of contracting States.
(b) If in its
opinion the 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 within a specified period after the amendment has come
into force shall thereupon cease to be a member of the Organization and a party
to the 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
which
shall at once inform each of the contracting States.
(b)
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.