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Aviation History
1945
1945 - 0029.PDF
The chairman : AdolfA. Berle, Jnr., U.S.A. JANUARY 4TH, I945 adoption and secure application of these measures, analyse all infor- mation regarding subsidies, costs of operation, and tariffs. It will hold open to inspection by mem- ber states all existing contracts, agreements, etc., relating to routes, service, etc. To this end all member states undertake to transmit to the Council copies of all existing and future contracts to which any member or any airline of a mem- ber state is a party, as well as statistics including, those showing all receipts and their sources. Finally provision is made for the Council to act as an arbitral body and to study all matters upon which no agreement has been reached. The Convention on International Civil Aviation, signed by 32 nations, sets up a Permanent International Civil Aviation Organisation. The pattern of this organisation, upon whirfr*the"4qterim body is modelled, comprises an Assembly in which-ajl members are equally represented, each having one vote>(a majority constituting a quorum) of,*-21 states elected by the ny general international organi- sation set up by the nations of the world to preserve peace, other states may be admitted to partici- pation in the 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 pre|en# war by the state seeking shall be necessary. The 96 articles of this document estab- lish the privileges; and restrictions ofj all contracting states' on a non-discrim- \ inating basis; set up todes of operations for aircraft and personnel; provide health and safety rules for aviation; recommend duty, customs ^nd immigration methods and navigation facilities for member states, and arrange for a/twelve-member Air Navigation Commission/of technical experts. Pursuant to the recognition Of the principle complete fend exclusive air space above its terri- 1 waters!, it is agreed national air service m a y / b e operated over Jot into the tepftory of a con- tacting state with- out previous authorisation. The right of cabotage is dependent upon such permission, but each state undertakes not to grant or obtain exclusive cabotage rights. An interesting feature is the prohibition of pilotless aircraft flight over a state territory with- out special authorisation by that state in which event " every con- tracting state undertakes to en- sure that the flight.... in regions M. P. L. Steenberghe, °Pen to civil aircraft shall be so Netherlands, chairman controlled as to obviate danger to Technical Committee. civil aircraft." Chinese Leader: Kai-Ngau Chang, vice- chairman, InterimCouncil Committee. immediate interest are e provisions of adequate air navigation facilities and standard systems. These will be the task of a twelve-member Air Navigation Commission of technical experts appointed by the Council. The contracting States bind them- selves not only to collaborate in international measures and to secure publication of charts, etc., but (a) to provide in their respec- tive territories airports and other facilities for international air navigation in accordance with the standards and practice recom- mended ; and (b) to adopt and put into operation in such organisa- tions appropriate standard systems of communication procedure—codes, markings, lighting, etc.—which may be internationally recomjaeaded or established. The adoption of such recommended^sfandard systems requires a vote of two-thirds of the An entirely novel feature is her*? power of the Council (in agreement cerned) to finance, provide, main- ( tain and administer any air! I navigation facilities (including \ I construction of airports) where such facilities are not adequate, although, naturally, the Council has no right to impose its wishes upon any sovereign State. This provision is interesting in its implication, as it is likely to be of considerable vajkie\in the prac- of I international the Andre Carnault, of the French Air Ministry. A delegate from India: Sirdar Gurudayal Singh. Belgium: Emile Allard,Technical Adviser. this go- level we step to the rather issue of Icceptance of inter- lationally formulated standards. The undertaking of the signatories—as pointed out above under (b)—is followed by a major loophole in a further article, which says that if any State finds it impracticable to comply in all or any respects with such inter- national standards, it must notify the Council, which in turn will pass the notification on to other members. There is, therefore, no remedy or power to enforce a generally accepted standard except Article 39 (which, admittedly, may be a strong deterrent), which provides for endorsements of any certificates or licences which vary from international ' standards, and the exclusion of aircraft or personnel so endorsed from international air navigation. Transit Rights Finally, we come to the two agreements which have obviously caused most of the friction at Chicago. The International Air Services Transit Agreement, presented in the form of a separate appendix, provides for the mutual exchange of '' two freedoms of the air'' among those nations which choose to sign it. The two freedoms are the right to fly across foreign territory without landing, and the right to lend for non-commercial purposes. These rights are, of course, granted subject to certain conditions, each contracting State reserving the right to withhold them from an air transport enterprise of which it is not satisfied that substantial ownership and effective control are vested
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