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Aviation History
1919
1919 - 0993.PDF
JULY 24, 1919 ARTICLE 22.—Upon the landing of an aircraft, the autho rities of the country shall have, in all cases, the right to visit the aircraft and to verify all the documents with which it must be provided. ARTICLE 23.—All persons on board an aircraft shall conform to the laws and regulations of the State visited. In case of flight made without landing, from frontier to frontier, all persons on board shall conform to the laws and regulations of the country flown over, the purpose of which is to ensure that the passage is innocent. Legal relations between persons on board an aircraft in ' flight are governed by the law of the nationality of the air craft. In case of crime or misdemeanour committed by one person against another on board an aircraft in flight the jurisdiction of the State flown over applies only in case the crime or misdemeanour is committed against a national of such State and is followed by a landing during the same journey upon its territory. The State flown over has jurisdiction :•— (1) With regard to every breach of its laws for the public safety and its military and fiscal laws : (2) In case of a breach of its regulations concerning air navigation. ARTICLE 24.—-Aircraft of the contracting States shall be entitled to the same measures of assistance for landing, particularly in case of distress, as national aircraft. With regard to the salvage of aircraft wrecked at sea the regulations of the several contracting States as to the salvage of ships will apply so far as practicable. ARTICLE 25.—Every aerodrome in a contracting State, which upon payment of charges is open to public use by its national aircraft, shall likewise be open to the aircraft of all the other contracting States. In every such aerodrome there shall be a single tariff of charges for landing and length of stay applicable alike to national and foreign aircraft. ARTICLE 26.—Each contracting State undertakes to adopt measures to ensure that every aircraft flying above the limits of its territory, and that every aircraft under its flag, wherever it may be, shall comply with the regulations contained in Annex D. of the present Convention. It will punish all persons who do not obey these regulations. Chapter VI.—Prohibited Transport ARTICLE 27.—The carriage by aircraft of explosives and of arms and munitions of war is forbidden in international navigation. No foreign aircraft shall be permitted to carry such articles between any two points in the same contracting State. ARTICLE 28.—Each State may prohibit or regulate the carriage or use of photographic apparatus. Any such regula tions shall be at once notified to the International Commission for Air Navigation, which shall communicate this information to all the other contracting States. ARTICLE 29.—As a measure of public safety, the carriage of objects other than those mentioned in Articles 27 and 28 may be subjected to restrictions by each contracting State. Any such regulations shall be at once notified to the Inter national Commission for Air Navigation, which shall com municate this information to all the other contracting States. ARTICLE 30.—All restrictions mentioned in Article 29 shall be applied equally to national and foreign aircraft. Chapter VII.—State Aircraft ARTICLE 31.—The following are deemed to be State air craft :—(a) Military aircraft, (b) Aircraft exclusively em ployed in State service, such as posts, Customs, police. Even- other aircraft is a private aircraft. All State aircraft other than military. Customs, and police aircraft shall be treated as private aircraft, and as such shall be subject to all the provisions of the present Convention. ARTICLE 32.—Every aircraft commanded by a person in military service detailed for the purpose is deemed to be a military aircraft. ARTICLE 33.—Neither the flight of a military aircraft of a contracting State over the territory of another nor its landing upon such territory shall be permitted without special authorization. In case of such authorization the military aircraft shall enjoy in the absence of special stipulation the privileges of exterritoriality which are customarily accorded to foreign ships of war. A military aircraft which is forced to land or which is required or compelled to land shall, by reason thereof, acquire no right to exterritoriality. ARTICLE 34.—Agreements between State and State will determine in what cases police and customs aircraft can be authorized to cross the frontier. They shall in no case be entitled to the privileges of exterritoriality. 1 Chapter VIII.—International Commission for Air Navigation ARTICLE 35.—There shall be instituted, under the name of the International Commission for Air Navigation and as part of the organization of the League of Nations, a permanent Commission composed of :— Two representatives of each of the following States : The United States of America, France, Italy, and Japan ; One representative of Great Britain and one of each of the British Dominions and of India ; One representative of each of the other contracting States. Each of the five States first-named (Great Britain, the British Dominions and India counting for this purpose as one State) shall have the least whole number of votes which, when multiplied by five, will give a product exceeding by at least one vote the total number of votes of all the other contracting States. All the States other than the five first-named shall each have one vote. The International Commission for Air Navigation shall determine the rules of its own procedure and the place of its permanent seat, but it shall be free to meet in such places as it mav deem convenient. Its first meeting shall take place at Paris. This meeting shall be convened by the French Government as soon as a majority of the signatory States shall have notified to it their ratification of the present Convention. The duties of this Commission are :— (a) To receive proposals from or to make proposals to any of the contracting States for the modification or amendment of the provisions of the present Convention and to notify changes adopted. (b) To carry out the duties imposed upon it by the present Article and by Articles 9, 13, 14, 15, 17, 28, 29, and. 38 of the present Convention. (c) To amend the provisions of the technical Annexes. (d) To collect and communicate to the contracting States information of every kind concerning international air navigation (e) To collect and communicate to the contracting States all information relating to wireless meteorology and medical science which may be of interest to air navigation. (/) To ensure the publication of maps for air navigation in accordance with the provisions of Annex F. (g) To give its opinion on questions which the States may submit for examination. Any modification of the provisions of any one of the Annexes may be made by the International Commission for Air Naiv- gation when such modification shall have been approved by three-fourths of the total possible vote and shall become effective from the time when it shall have been notified by the International Commission for Air Navigation to all the contracting States. Any proposed modification of the articles of the present Convention shall be examined by the International Com mission for Air Navigation, whether it originates with one of the contracting States or with the International Commission for Air Navigation itself. No such modification shall be proposed for option by the contracting States, unless it shall have been approved by at least two-thirds of all the possible votes which could be cast if all the States were present. All such modifications of the articles of the Convention (not of the provisions of the Annexes) must be formally adopted by the contracting States before they become effective. The expenses of organisation and operation of the Inter national Commission for Air Navigation shall be borne by the contracting States in proportion to the number o votes at their disposal. The expenses occasioned by the sending of technical delegations will be borne by their respective States. Chapter IX.—Final Provisions. ARTICLE 36.—Each contracting State undertakes to co-operate as far as possible in international measures concerning :— (a) The collection and dissemination of statistical, current, and special meteorologial information, in accordance with the provisions of Annex G. (b) The publication of standard aeronautical maps, and the establishment of a uniform system of ground marks for flying, in accordance with the provisions of Annex F. (r) The use of wireless in air navigation, the establishment
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