ANNEX

RELEVANT ARTICLES OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION (conc1uded at Chicago in 1944). 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 cooper­ ation 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 oppor­ tunity and operated soundly and economical1y; Have accordingly conc1uded this Convention to that end.

PART I-AIR NAVIGATION CHAPTER I GENERAL PRINCIPLES AND APPLICATION OF THE CONVENTION

Artic1e 1 Sovereignty The contracting States recognize that every State has complete and exclusive sovereignty over the air-space above its territory.

Artic1e 2 Territory For the purposes of this Convention the territory of aState shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.

Artic1e 3 Civil and state aircraft (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. ANNEX 167

{cl 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.

Artic1e 4 Misuse 01 civil aviation Each contracting State agrees not to use civil aviation for any purpose inconsistent with the aims of this Convention.

CHAPTER II

FLIGHT OVER TERRITORY OF CONTRACTING STATES

Artic1e 5 Right 01 non-scheduled Ilight 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 Con­ vention, 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 Artic1e 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.

Artic1e 6 Scheduled air services 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.

Artic1e 7 Cabotage 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 168 ANNEX

exclusive basis to any other State or an of any other State, and not to obtain any such exclusive privilege from any other State.

Article 8 Pilotless aircratt 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.

Article 9 Prohibited areas (a) Each contracting State may, for reasons of military necessity or public safety, restriet 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 weIl as any subsequent alter­ ations 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 du ring aperiod of emergency, or in the interest of public safety, and with immediate effect, temporarily to restriet 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 subparagra phs (a) or (b) above to effect a landing as soon as practicable thereafter at some designated within its territory.

Article 10 Landing at customs airport 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 shaIl, 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. Particu­ lars of all designated customs shall be published by the State and transmitted to the International Civil A viation Organization established under Part II of this Convention for communication to all other contract­ ing States. ANNEX 169

Article 11 A pplicability 01 air regulations 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.

Article 12 Rules 0/ the air 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.

Article 13 Entry and clearance regulations 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, , 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.

Article 15 Airport and similar ckarges Every airport in a contracting State which is open to public use by its national aircraft shalilikewise, 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, induding 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 faciIities 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 dass engaged in similar operations, and (b) As to aircraft engaged in scheduled international air services, than 170 ANNEX those that would be paid by its national aircraft engaged in similar inter­ national air services. All such charges shall be published and communicated to the Inter­ national 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 consider­ ation 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.

CHAPTER 111

NATIONALITY OF AIRCRAFT Artic1e 17 N ationality 01 aircralt Aircraft have the nationality of the State in which they are registered.

Artic1e 18 Dual registration An aircraft cannot be validly registered in more than one State, but its registration may be changed from one State to another.

Artic1e 19 National laws governing registration The registration or transfer of registration of aircraft in any contracting State shall be made in accordance with its laws and regulations.

Artic1e 20 Display 01 marks Every aircraft engaged in international air navigation shall bear its appropriate nationality and registration marks.

Artic1e 21 Report 01 registrations 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 contract­ ing States. ANNEX 171

PART II-THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

CHAPTER VII

THE ORGANIZATION Artic1e 43 Name and composition An organization to be named the International Civil Aviation Organi­ zation is formed by the Convention. It is made up of an Assembly, a Council, and such other bodies as may be necessary.

Artic1e 44 Objectives The aims and objectives of the Organization are to develop the prin­ ciples 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 inter­ national ; (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. Artic1e 55 Permissive lunctions 01 Council The Council may: (d) Study any matters affecting the organization and operation of international air transport, inc1uding the international ownership and operation of international air services on trunk routes, and submit to the Assembly plans in relation thereto;

CHAPTER XIII

OTHER INTERNATIONAL ARRANGEMENTS

Artic1e 64 Security arrangements The Organization may, with respect to air matters within its competence 172 ANNEX 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.

Article 65 Arrangements witk otker international bodies The Council, on behalf of the Organization, may enter into agreements with other 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.

Article 66 Functions relating to otker agreements (a) The Organization shall also carry out the functions placed upon it by the International Air Services Transit Agreement and by the Inter­ national drawn up at Chicago on December 7, 1944 in accordance with the terms and conditions therein set forth. (b) Members of the Assembly and the Council who have not accepted the International Air Services Transit Agreement or the International Air Transport Agreement drawn up at Chicago on December 7, 1944 shall not have the right to vote on any questions referred to the Assembly or Council under the provisions of the relevant Agreement.

PART lU-INTERNATIONAL AIR TRANSPORT

CHAPTER xv

AIRPORTS AND OTHER AIR NAVIGATION FACILITIES

Article 68 Designation olroutes and airports Each contracting State may, subject to the provisions of this Con­ vention, designate the route to be followed within its territory by any international air service and the airports which any such service may use.

Article 69 Improvement 01 air navigation lacilities 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 guiIty of an infraction of this Convention if it fails to carry out these recommendations. ANNEX 173

Artic1e 70 Financing 01 air navigation lacilities A contracting State, in the circumstances arising under the provisions of Artic1e 69, may conc1ude 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.

Artic1e 71 Provision and maintenance ollacilities by Council If a contracting State so requests, the Council mayagree to provide, man, maintain, and administer any or all of the airports and other air navigation facilities, inc1uding 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.

CHAPTER XVI

JOINT OPERATING ORGANIZATION AND POOLED SERVICES

Artic1e 77 Joint operating organizations permitted 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, inc1uding those relating to the registration of agreements with the Council. The Council shall determine in what manner the provisions of this Con­ vention relating to nationality of aircraft shall apply to aircraft operated by international operating agencies.

Artic1e 78 Function 01 Council The Council may suggest to contracting States concerned that they form joint organizations to operate air services on any routes or in any regions. Artic1e 79 Participation in operating organizations AState 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. 174 ANNEX

PART IV-FINAL PROVISIONS

CHAPTER XVIII

DISPUTES AND DEFAULT

Article 87 Penalty tor non-contormity by airline 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.

Article 88 Penalty for non-conformity by State The 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.

CHAPTER XIX

WAR Article 89 War and emergency conditions 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 astate of national emergency and notifies the fact to the Council.

CHAPTER XXII

DEFINITIONS Article 96 For the purpose of this Convention the expression: (a) "Air service" means any scheduled air service performed byaircraft 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. INDEX

(References are to pages and the Air-space, 100, 102, 103, 106, 1523, footnotes thereto) 153-155, 164. All-freightservices, 9, 45, 893, 95. Abuse of rights, 1063, 129, 137, Ambrasini, A., 773,1061,1591,1601 . 152, 153. Antarctica, ISO, 154, 1551, 156. Additional scheduled flights, 9. Arctica, 1491, 1541, 1551, 156. Adriani, P. van der Tuuk, 543• ARGENTINA, 25, 262, 64, 68, 104, Affinity, 722, 113. 154. AFGHANISTAN, 683. AUSTRALlA, 9, 191, 722, 76. Agreement, Authority, international air, 19 International Air Services Transit, 21, 403, 52, 591, 75, 76, 84, 911, 17, 62, 632, 773, 107, 108, 1141, 144. 142. Authorisation, (see also Convention International Air Transport, 161, of Chicago), 17, 373, 41, 42, 51, 62, 69, 77, for non-scheduled flights, 12, 171, 104, 1111, 1223, 142. 31 2,34,83,931,95,117. Air Commerce Act, 1926, U.S., 84, for scheduled flights, 12, 142, 361. 33-35, 41, 83, 1101, 141. Air Coordinating Committee, U.S., 111 3, 1161, 1171, 1185. Banalisation, 893, 90, 911. Air Corporations Act, 1949, U.K., Beaumant, K. M., 1001• 81• BELGIUM, 721, 82, 881, 954. Airlines, Berle, Jr. A., 11,374,40,591, 1421 • Air France, 81. BERLIN , 203• ALITALIA, 81, 89. Bermuda principles, 18, 241,2, 421, AVENSA,633. 52ff., 64, 65, 110-112, 1152, 1171, BEA,81. 129-131. BOAC, 73. Board, Civil Aeronautics, U.S., 8, DLH, 81, 89. 91, 173, 202, 35-37, 47, 642, 701, Iberia,81. 80, 1152, 1261, 1625. KLM, 144, 221, 36, 68, 725, 73, Badenschatz, M., 1173, 1223. 81 3, 1082, 1131, 1201, 1641 . Banne/aus, E., 792 • LACSA, 1432, 1441 . Bauche, H., 1591 . PAA, 622, 633, 143 2• BRAZIL, 121, 21, 601, 68, 722, 77. SABENA,813 . SAS, 9, 621, 632, 78, 79, 81, 90. SWISSAIR, 81 3. Cabotage, 12, 13, 31, 43, 68ff, 76, TACA de Salvador, 1423. 121, 123. TACA de Venezuela, 1423• grand-cabotage, 69-72, 1091, 121 Airmail, see Multilateral Conven­ 123. tion for air mail. international cabotage, 722. Air Research Bureau, 81-85, 89, open-jaw cabotage, 72. 932, 955, 127. petit-cabotage, 122. 176 INDEX

regional cabotage, see interna­ 1152, 118, 141, 1432, 153 2, 161, tional cabotage. 1622,3,5. CANADA, 191, 352, 433, 482, 49, 50, Convention, 66, 704, 76, 77, 1131, 1201. of Chicago, 1944, 3, 7-9, 12, 13, Capacity, 421, 43, 46 ff., 51, 53, 55, 16, 17,22,30-34,39,41,42,46, 66-68, 116, 130. 52,61, 69, 72, 74, 78, 86, 88, 94, Cargo, see Multilateral Convention 99, 100, 107, 110-112, 1141, 1152, for cargo. 117-119, 122, 1252, 136-144, Cargo Preference Act, U.S., 603. 153, 166ff. Cavaglieri, 1051• of Habana, 1928,42• Certificated carriers, 8, 354, 36. of Madrid, 1926, 42• CEYLON, 991. of Paris, 1919, 41, 69, 704, 1071, Change of gauge, 583, 672, 682, 73. 1091, 1151, 1224 . Charterflights, 9, 101, 35, 94. of Warsaw, 1929,701,723• Charter of the U.N., 702, 991, 1072• Cooper, J. C., 724, 1031,2. Chauveau, P,. 1074• COSTA RICA, 1441 . CHILE,27. Council of Europe, 792, 80. CHINA, 3, 109. Council of ICAO, 7, 30, 681, 78, 881, Churchill, W., 29. 1141, 1182, 1321, 144, 145. Civil Aeronautics Act, 1938, U.S., Cribbet, Sir George, 561, 692• 8 2,3,4, 201, 353,4, 362, 371 ,2, 1152, Cromwell, 0., 121 2• 1231 . Curtis, M. H., 160, 161 2• Civil Aeronautics Board, see Board. Customary international law, 104, Cleveringa, R. P., 462• 109, 129, 156, 157. Colombos, 121 2• 1 Common carriage, 8, 30, 35-37, 70 . Definition, Common market, 90-92. of air law, 1322• Competition, 20, 22, 43, 49, 56, 63, of aviation policy, 15. 85, 87, 112, 126, 130, 143, 150, of international air service, 7, 74. 160. of non-scheduled flights, 32, 93. Complementary traffic, 24, 262, 44. of scheduled service, 7,31, 361, Conditions of carriage, 652, 661. 37, 74, 117. Conference, of traffic stop, 119. International Civil Aviation, DENMARK, 9, 441, 621, 632, 78, 82, Chicago, 1944,3, 11,21,291, 110. 881 . International, for Air Navigation Designated airline, 62, 68, 1441, 162 3 1 1 Paris, 1910, 3 , 28 , 122 ,4. Destination, origin and, 49-52, 65, of Beit-Mery, 1955,863 . 68,69, 70, 72. of Geneva, 1947, 18,42,57. Diversion of traffic, 1504. of Messina, 1955, 89, 90. Domestic aviation, 13. of Strasbourg, 1954, 452,3, 852, Dual-purpose travelling, 652, 732, 3 86, 118 . 120. of Strasbourg, 1955, 10, 452,3,5, Duguit, L., 101. 651, 71 3, 861, 89ff. of Versailles, 1919,33,281. Continental shelf, 154, 155. Effective control, see Control. Continuous voyage, 50, 73. EGYPT, 9. Contract carriage, 9, 354. EL SALVADOR, 161, 142, 1431 . Contracting out, 441 . Embarkation principle, 47, 49. Contract of carriage, 65, 120. Emigrant flights, 9. Control, substantial ownership and End-to-end traffic, 25, 67, 68. effective, 171, 39, 62, 64, 78, Equal opportunity, 43, 54, 563, 57, INDEX 177

59, 87, 110, 111, 115, 125, 127, Full-plane clause, see Escalator 129, 137. clause. Equitable exchange of economic benefits, 111 3. Gasser, E. B., 82, 201. Escalator clause, 382, 47-49, 51, GERMANY, 203, 251, 333, 721, 89, 55,58. 954, 1301. Ex post facto review, 24, 25, 48, Goedhuis, D., 141, 266, 281, 46, 573, 53, 56-58. 632, 642, 722, 773, 801, 812, 1022, Eurofima, 90. 1081, 1091, 1121, 1133, 1351, 1362, Eurofinair, 90, 911. 1382, 1581. European Civil Aviation Con­ Gorter, W., 603 • ference, see Conference. Grand-cabotage, see Cabotage. Extra-scheduled flights, 9. GREECE, 88. Extra-sections, 9, 35. Groote, P. de, 84. Grotius, H., 1021 ,2, 1031. Facilitation, 341, 351, 84, 90, 1182, Guggenheim, P., 1173• 1272, 147. Fair and equal opportunity, see Equalopportunity. Hart, HornelI, 1522• Fair share, 21, 26, 47, 140. Higgins, 121 2 • Fauchille, P., 281• High Seas, see Freedom of the seas. Feeder-services, 841, 85, 1132, 124, Hildred, Sir William P., 1481. 125, 149. History, political, 104• 1 Ferreira, E. A,. 231, 26. Homeland, 16 , 111. Fill-up traffic, 44, 55, 583, 67, 68. Horne traffic, 433 • Final Act, INDIA, 9, 191, 251, 722, 76, 129, 130. of the Bermuda Conference, 54, Innocent passage, see Freedom of 601, 1122, 1153, 1162• innocent passage and Right of of the Chicago Conference, 154• innocent passage. FINLAND, 881 . Institut du Transport Aerien, Paris Five freedoms, 15, 69, 92, 1171. 266, 151 2. Flag discrimination, 271, 60, 105, Integration of aviation, 75 ff. 1213. Interchange, Flight-space, 103 2• of aircraft, 9, 85, 86, 893• Foreign air transportation, 83, 353, of routes, 83, 85, 87, 90. 701. Foreign economic policy, 1631. International, FRANCE, 141,251,333,441,2,68, 704, air authority, see Authority, 76, 82, 881, 954, 1041, 125, 161 2. air service, see Definition, Fran~ois, J. P. A., 1022• Air Services Transit Agreement, Freedom identity, 501, 120. see Agreement, Freedom, Air Transport Agreement, see of air transportation, 104, 105, Agreement, 112, 114, 1192, 129, 1351, 138- Air Transport Association (LA.T. 141, 158, 159. A.), 93, 222, 33, 373, 38, 392, 661, of innocent passage, 1054 • 671, 72, 77, 1092, 127, 147, 1481. of the air, 11, 15, 25, 281, 38, 41, Cabotage, see Cabotage, regional, 51,52,67,77, 104, 105, 155. Chamber of Commerce (LC.C.), of the ports, 1051. 45, 603, 105 2, 146. of the seas, 60, 101, 102, 104, Civil Aviation Organisation 105, 1061, 121, 154, 1553 . (I.C.A.O.), 7, 18, 19, 22, 40, 44, of transit, 27, 661. 45, 46, 481, 681, 77, 82, 86, 881, 178 INDEX

932, 110, 1171, 118, 119, 140, 144, Meyer, A., 42, 704, 724, 1032, 1054, 1521, 153. 1091, 1383,4, 1541 . financing, 163. Military considerations, 5, 21, 362, Law Association, 603, 1081, 1091, 107, 112, 113, 150. 1241, 1361 . Missiles, 103. Law Commission of the V.N., Multilateral Convention, 40 ff, 50, 603, 1545. 51, 57, 86, 87, 1421, 1453, 146, Standards and Recommended 165. Practices, see Facilitation. for scheduled services, 88, 91-93. IRELAND, 27, 881, 954. for non-scheduled services, 94, Irrespective of payload, 32. 10, 392, 461, 831, 88, 92, 94, 95, ITALY, 333, 66, 721, 81-83. 1172• for cargo, 45, 87, 881. JAPAN,721. for airmail, 45, 881 . J ellinek, 133. Jenks, C. W., 1032• Nationality of airlines, 16 2,39, 142. Jennings, R. Y., 563, 1061, 1532• National laws and regulations, see Jessup, P, C., 1544• Laws and regulations. Joint Operating Organisation, 78, NEW ZEALAND, 191, 722, 76. 144. NETHERLANDS, 91, 101, 141,4, 321, Joint Statement, V.S.-V.K., 182, 333, 373, 441, 45, 46, 642, 67, 682, 563,581. 721, 741, 81-83, 852, 881, 931, 954, Jus communicationis, 1251, 136. 991, 158 ff, 161, 162, 165. Jus imperii, 107. No-Iocal traffic restrietions, 51, 65, 66. Keller, A., 151, 322, 431, 553, 1271. Non-discrimination, 134, 281, 421, Kelsen, H., 101. 433, 136. Keyes, L., 51. Non-scheduled flights, 7, 8, 30 ff, Kielt, van de, 802, 81 1. 83, 93, 117 ff, 137, 1391. Kleffens, E. van, 101 2, 1332• Non-traffic stops, see Definition. North Pole, ISO, 1543, 1551. LaGuardia, F. H., 291, 41. NORWAY, 9, 441, 621, 632, 78, 82, Lakhtine, W., 1541. 881. Laws and regulations, national, 62. League of Nations, 721. Open-jaw cabotage, see Cabotage. Lee, R. W., 1021, 1031. Operating permit, 62, 1141, 1152, Lemoine, M., 23 2• 1622• Load factor, 44, 48, 67, 116, 128. Oppenheim, 1073, 152, 1543, 1553• Loah, W., 31. Organisation, Local and regional services, 44, 47, international, see Authority. 52, 54, 55, 57, 58, 147. International Civil Aviation, see Local traffic, 65. International Civil Aviation Or­ Long-haul services, 23, 38, 442, 53, ganisation. 1132, 126, 147. for European Economic Coope­ LUXEMBURG, 954. ration (O.E.E.C.), 20, 603. Origin and destination, see Desti­ Manual of T.C. Resolutions, LA. nation. T.A., 93, 331. Ownership, substantial, see Con­ Maritime law, 28. trol. Maselield, P. J,. 59 1. Messina Conference, see Conference PAKISTAN, 9, 722. MEXICO, 121. PANAMA, 153. INDEX 179

Passenger traffic, 3, 4. Reasonably direct routesl 37, 41, Payload, 32, 1283. 111, 115. Peace Conference of Versailles, Reciprocity, 15, 372, 41, 64, 137, see Conference. 141, 1441, 162, 1642. PERU, 481. Recommended Practices, see Fa- PHILIPPINES, 68. cilitation. Pick-up traffic, 44, 57. Regional agreements, 146. Pilotless aircraft, 131. Regional cabotage, see Cabotage. Plesman, Albert, 61, 151 2• Regional services, see Local and Plischke, E., 1073, 1553. regional services. Polar regions, 149 ff. Regional traffic, 65. Politics, 5. Registration, 393, 85. Pool-arrangements, 19, 78, 901, Regulated competition, see Com­ 911, 124, 126, 127, 128. petition. PORTUGAL, 27, 66, 68 2, 722, 881, Regulated freedom, 45. 108. Regular carriers, see Certificated Preamble to the Chicago Con­ carriers. vention, 75, 110, 112, 136, 137. Revocation of airline authorisation, Predetermination, 62. of capacity and frequencies, 25, Riese, 0., 162, 281, 1322. 562,3,58. Right of innocent passage, 102, of traffic, 25, 56. 104, lOS, 107 ff, 1091, 1141, 1192, Prestige, 4, 5, 21, 27, 382, 112, 113, 138, 139. ISO, 161. Right of transit, see Right of Primary entitlement, 352, 1301. innocent passage and Freedom Primary objective, 18, 24, 54, 55, of transit. 58. Right to air transportation, 1054, Primary rights, 44, 901. 109 ff, 1151, 138, 140, 141, 145, Prior permission, see Authorisation 160. for non-scheduled flights. Right to fly, 43. Private carriage, 354. Roosevelt, F. D., 3. Profitability of airlines and services Roped-off seats, 583, 67. 201, 38, 51, 113, 147, 1481, 152, Rousseau, Ch., 1333 . 161, 163, 164. Rules of the air, 131. Property rights, 15, 26, 27, 130. Pro-rated charterflights, 101, 331 . SAUDI ARABIA, 68. Provisional air routes, see Standard Scheduled air services, 7, 8, 30 ff, Form. 83, 118, 138, 1391 . Provisional International Civil Schenk man, J., 104, 193. Aviation Organisation, 42, 552, schuman, R., 79. 672• Schwarzenberger, G., 1021. Public convenience and necessity, Secretariat of I.C.A.O., 30, 451,1624 201, 47. Security, 4, 40, 107. Public utility, 164, 1651 . Self-sufficiency, 38, 136, 137. selwyn Lloyd, 1341• Quid-pro-quo principle, 153, 92, Series of flights, 8. 111 3. sforza, 522, 80, 81 6. shawcross, Ch. N., 1001• Rate differentials, 25, 26, 421, 44, sheehan, W. M., 724 . 52, 118 3, 127, 160. Short-haul services, 38, 113 2, 126. Rates, 33, 392, 47, 62, 671, 73, 76, Simla Rules, 1213. 109, 125. Sixth Freedom, 43, 69, 71. 180 INDEX

Slotemaker, L. H., 42,773,852, 1151. Thomas jr. A. ]., 201 . Small countries, 12, 441, 49, 52, Traffic potential, 11 P, 1402, 164. 1261, 143, 1631 . Traffic requirements, 421, 47, 53-55 Smathers, 891, 1301. 64, 115. Social considerations, 22, 1022, Traffic stop, see Definition. 108, 1133, 140, 151 2, 157, 164. Transit, see Freedom of transit. Sociology, 1023. Trust territories, 70, 991 . SOUTH AFRICA, UNION OF, 9, 67, Tymms, Sir Frederick, 1571. 104. South Pole, 150, 1543, 1551, 1561. U.K., 8, 9, 141, 18, 191, 242, 25 2 Sovereignty, 7, 12, 22, 281, 77, 263, 333, 41, 441,2, 47-49, 502, 991, 100 ff, 1141, 122, 123, 133, 53, 561, 581 ,3, 59, 65 2, 703, 721 ,5, 134, 138, 150, 152-155, 1571, 164. 73, 741, 75, 761, 77, 82, 881, 104, Spacecraft, 1032• 1201, 1231, 125, 142, 1612. SPAIN, 333, 481, 72 2, 881• Upper space, 103 2, 106, 153, 154, Special flights, 9. 156. Standard Form, 17, 52, 62, 141, Union Postale Universelle, (U.P.U). 142. 45. Standard provisions, 145. URUGUAY, 27. State aircraft, 1071. U.S., 11 2, 141, 17-20, 242, 251, 26 2, Statistics, 4, 56, 62, 681. 35-37,381,40,41 3,433,441,47, Stop-overs, 50, 511, 65 2, 66, 69, 73, 481, 49, 50, 53, 55 2, 581, 59, 603, 120, 121, 124. 622, 633, 64, 68, 701, 71 3,76,77, Subsidiary traffic, 262• 80, 81, 85, 891, 104, 111 3, 115 2, Subsidies, 141, 382, 1041, 109, 112, 1161, 1171, 1185, 121 3, 1261, 129, 116, 1285, 158, 160, 161, 164. 130, 1422,4, 1432, 1441, 1503 ,4, Substantial ownership, see Contro!. 154, 161 2, 1625 • SWEDEN, 9, 441, 621, 632, 78, 82, U.S.S.R., 3, 108, 1542• 881. Swinton, Lord, 21, 591, 1421 . Versailles Peace Conference, see SWITZERLAND, 333, 66, 82, 954. Conference. SYRIA, 27. Wager, W., 78 2. Tariffs, 77. War and emergencies, 107. Technical rights, 16, 43. Warner, E., 642• Telders, B., 102 2• Wassenbergh, H. A., 109 1. Temporary restrictions, 129. Winster, Lord, 56 1. Terminal services, 562 . Territory, 161, 69, 991, 121 3. YUGOSLAVIA, 642, 108 2. THAILAND, 783.