CHAPTER I CONVENTION ON INTERNATIONAL CIVIL AVIATION ...dgca.nic.in/int_conv/Chap_I.pdf · (the chicago convention, 1944) * Came into force on 4th April, 1947, the thirtieth day after

CHAPTER I

CONVENTION ON INTERNATIONAL CIVIL AVIATION

SIGNED AT CHICAGO ON 7 TH DECEMBER, 1944

(THE CHICAGO CONVENTION, 1944)

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PREAMBLE

WHEREAS the future development ofinternational civil aviation can greatly help tocreate and preserve friendship andunderstanding among the nations and peoplesof the world, yet its abuse can become a threatto the general security; and

WHEREAS it is desirable to avoid frictionand to promote that cooperation betweennations and peoples upon which the peace ofthe world depends;

THEREFORE, the undersigned governmentshaving agreed on certain principles andarrangements in order that international civilaviation may be developed in a safe and orderlymanner and that international air transportservices may be established on the basis ofequality of opportunity and operated soundlyand economically;

Have accordingly concluded thisConvention to that end.

PART I

AIR NAVIGATION

CHAPTER I

GENERAL PRINCIPLE ANDAPPLICATION OF THE

CONVENTION

Article 1

Sovereignty

The contracting States recognize that every

State has complete and exclusive sovereigntyover the airspace above its territory.

Article 2

Territory

For the purposes of this Convention theterritory of a State shall be deemed to be theland areas and territorial waters adjacent theretounder the sovereignty, suzerainty, protectionor mandate of such State.

Article 3

Civil and state aircraft

(a) This Convention shall be applicableonly to civil aircraft, and shall not be applicableto state aircraft.

(b) Aircraft used in military, customs andpolice services shall be deemed to be stateaircraft.

(c) No state aircraft of a contracting Stateshall fly over the territory of another State orland thereon without authorization by specialagreement or otherwise, and in accordancewith the terms thereof.

(d) The contracting States undertake whenissuing regulations for their state aircraft, thatthey will have due regard for the safety ofnavigation of civil aircraft.

CHAPTER I

CONVENTION ON INTERNATIONAL CIVIL AVIATION

SIGNED AT CHICAGO ON 7 TH DECEMBER, 1944*

(THE CHICAGO CONVENTION, 1944)

* Came into force on 4th April, 1947, the thirtieth day after deposit with the Government of the United States of Americaof the twenty sixth instrument of ratification thereof or notification of adherence thereto, in accordance with Article91(b). As on 30 June, 2003 there were 188 contracting States party to it.

India ratified it on 1 March, 1947.

THE CHICAGO CONVENTION, 1944 CHAP. I

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Article 3 bis*

(a) The contracting States recognize thatevery State must refrain from resorting to theuse of weapons against civil aircraft in flightand that, in case of interception, the lives ofpersons on board and the safety of aircraftmust not be endangered. This provision shallnot be interpreted as modifying in any way therights and obligations of States set forth in theCharter of the United Nations.

(b) The contracting States recognize thatevery State, in the exercise of its sovereignty,is entitled to require the landing at somedesignated airport of a civil aircraft flyingabove its territory without authority or if thereare reasonable grounds to conclude that it isbeing used for any purpose inconsistent withthe aims of this Convention; it may also givesuch violations. For this purpose, thecontracting States may resort to any appropriatemeans consistent with relevant rules ofinternational law, including the relevantprovisions of this Convention, specificallyparagraph (a) of this Article. Each contractingState agrees to publish its regulations in forceregarding the interception of civil aircraft.

(c) Every civil aircraft shall comply with anorder given in conformity with paragraph (b)of this Article. To this end each contractingState shall establish all necessary provisions inits national laws or regulations to make suchcompliance mandatory for any civil aircraftregistered in that State or operated by anoperator who has his principal place of businessor permanent residence in that State. Eachcontracting State shall make any violation ofsuch applicable laws or regulations punishableby severe penalties and shall submit the case toits competent authorities in accordance withits laws or regulations.

(d) Each contracting State shall takeappropriate measures to prohibit the deliberate

use of any civil aircraft registered in that Stateor operated by an operator who has his principalplace of business or permanent residence inthat State for any purpose inconsistent withthe aims of this Convention. This provisionshall not affect paragraph (a) or derogate fromparagraphs (b) and (c) of this Article.

Article 4

Misuse of civil aviation

Each contracting state agrees not to usecivil aviation for any purpose inconsistent withthe aims of this Convention.

CHAPTER II

FLIGHTS OVER TERRITORYOF CONTRACTING STATES

Article 5

Right of non-scheduled flight

Each contracting State agrees that all aircraftof the other contracting States, being aircraftnot engaged in scheduled international airservices shall have the right, subject to theobservance of the terms of this Convention, tomake flights into or in transit non-stop acrossits territory and to make stops for non-trafficpurposes without the necessity of obtainingprior permission, and subject to the right of theState flown over to require landing. Eachcontracting State nevertheless reserves theright, for reasons of safety of fight, to requireaircraft desiring to proceed over regions whichare inaccessible or without adequate airnavigation facilities to follow prescribed routes,or to obtain special permission for such flights.

Such aircraft, if engaged in the carriage ofpassengers, cargo, or mail for remuneration orhire on other than scheduled international airservices, shall also, subject to the provisionsof Article 7, have the privilege of taking on or

CHAP. I THE CHICAGO CONVENTION, 1944

** On 10 May, 1984, the Assembly amended the Convention by adopting the Protocol introducing Article 3 bis. UnderArticle 94(a) of the Convention, the amendment came into force on 1 October, 1998, in respect of States which ratified it.

There were 125 States party to it as on 30 June, 2003.

India has not ratified it.

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discharging passengers, cargo, or mail, subjectto the right of any State where such embarkationor discharge takes place to impose suchregulations, conditions or limitations as it mayconsider desirable.

Article 6

Scheduled air services

No scheduled international air service maybe operated over or into the territory of acontracting State, except with the specialpermission or other authorization of that State,and in accordance with the terms of suchpermission or authorization.

Article 7

Cabotage

Each contracting State shall have the rightto refuse permission to the aircraft of othercontracting States to take on in its territorypassengers, mail and cargo carried forremuneration or hire and destined for anotherpoint within its territory. Each contracting Stateundertakes not to enter into any arrangementswhich specifically grant any such privilege onan exclusive basis to any other State or anairline of any other State, and not to obtain anysuch exclusive privilege from any other State.

Article 8

Pilotless aircraft

No aircraft capable of being flown withouta pilot shall be flown without a pilot over theterritory of a contracting State without specialauthorization by that State and in accordancewith the terms of such authorization. Eachcontracting State undertakes to insure that theflight of such aircraft without a pilot in regionsopen to civil aircraft shall be so controlled asto obviate danger to civil aircraft.

Article 9

Prohibited areas

(a) Each contracting State may, for reasonsof military necessity or public safety, restrictor prohibit uniformly the aircraft of other States

from flying over certain areas of its territory,provided that no distinction in this respect ismade between the aircraft of the State whoseterritory is involved, engaged in internationalscheduled airline services, and the aircraft ofthe other contracting States likewise engaged.Such prohibited areas shall be of reasonableextent and location so as not to interfereunnecessarily with air navigation. Descriptionsof such prohibited areas in the territory of acontracting State, as well as any subsequentalterations therein, shall be communicated assoon as possible to the other contracting Statesand to the International Civil AviationOrganization.

(b) Each contracting State reserves alsothe right, in exceptional circumstances orduring a period of emergency, or in the interestof public safety, and with immediate effect,temporarily to restrict or prohibit flying overthe whole or any part of its territory, oncondition that such restriction or prohibitionshall be applicable without distinction ofnationality to aircraft of all other States.

(c) Each contracting State, under suchregulations as it may prescribe, may requireany aircraft entering the areas contemplated insub-paragraphs (a) or (b) above to effect alanding as soon as practicable thereafter atsome designated airport within its territory.

Article 10

Landing at customs airport

Except in a case where, under the terms ofthis Convention or a special authorization,aircraft are permitted to cross the territory of acontracting State without landing, every aircraftwhich enters the territory of a contracting Stateshall, if the regulations of that State so require,land at an airport designated by that State forthe purpose of customs and other examination.On departure from the territory of a contractingState, such aircraft shall depart from a similarlydesignated customs airport. Particulars of alldesignated customs airports shall be publishedby the State and transmitted to the InternationalCivil Aviation Organization established under


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Part II of this Convention for communicationto all other contracting States.

Article 11

Applicability of air regulations

Subject to the provisions of this Convention,the laws and regulations of a contracting Staterelating to the admission to or departure fromits territory of aircraft engaged in internationalair navigation, or to the operation andnavigation of such aircraft while within itsterritory, shall be applied to the aircraft of allcontracting States without distinction as tonationality, and shall be complied with bysuch aircraft upon entering or departing fromor while within the territory of that State.

Article 12

Rules of the air

Each contracting State undertakes to adoptmeasures to insure that every aircraft flyingover or maneuvering within its territory andthat every aircraft carrying its nationality mark,wherever such aircraft may be, shall complywith the rules and regulations relating to theflight and maneuver of aircraft there in force.Each contracting State undertakes to keep itsown regulations in these respects uniform, tothe greatest possible extent, with thoseestablished from time to time under thisConvention. Over the high seas, the rules inforce shall be those established under thisConvention. Each contracting State undertakesto insure the prosecution of all persons violatingthe regulations applicable.

Article 13

Entry and clearance regulations

The laws and regulations of a contractingState as to the admission to or departure fromits territory of passengers, crew or cargo ofaircraft, such as regulations relating to entry,clearance, immigration, passports, customs, andquarantine shall be complied with by or onbehalf of such passengers, crew or cargo uponentrance into or departure from, or while withinthe territory of that State.

Article 14

`Prevention of spread of disease

Each contracting State agrees to takeeffective measures to prevent the spread bymeans of air navigation of cholera, typhus(epidemic), smallpox, yellow fever, plague,and such other communicable diseases as thecontracting States shall from time to time decideto designate, and to that end contracting Stateswill keep in close consultation with the agenciesconcerned with international regulationsrelating to sanitary measures applicable toaircraft. Such consultation shall be withoutprejudice to the application of any existinginternational convention on this subject towhich the contracting States may be parties.

Article 15

Airport and similar charges

Every airport in a contracting State whichis open to public use by its national aircraftshall likewise, subject to the provisions ofArticle 68, be open under uniform conditionsto the aircraft of all the other contracting States.The like uniform conditions shall apply to theuse, by aircraft of every contracting State, ofall air navigation facilities, including radioand meteorological services, which may beprovided for public use for the safety andexpedition of air navigation.

Any charges that may be imposed orpermitted to be imposed by a contracting Statefor the use of such airports and air navigationfacilities by the aircraft of any other contractingState shall not be higher.

(a) As to aircraft not engaged in scheduledinternational air services, than those thatwould be paid by its national aircraft ofthe same class engaged in similaroperations, and

(b) As to aircraft engaged in scheduledinternational air services, than those thatwould be paid by its national aircraftengaged in similar international airservices.


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Article 21

Report of registrations

Each contracting State undertakes to supplyto any other contracting State or to theInternational Civil Aviation Organization, ondemand, information concerning theregistration and ownership of any particularaircraft registered in that State. In addition,each contracting State shall furnish reports tothe International Civil Aviation Organization,under such regulations as the latter mayprescribe, giving such pertinent data as can bemade available concerning the ownership andcontrol of aircraft registered in that State andhabitually engaged in international airnavigation. The data thus obtained by theInternational Civil Aviation Organization shallbe made available by it on request to the othercontracting States.

CHAPTER IV

MEASURES TO FACILITATEAIR NAVIGATION

Article 22

Facilitation of formalities

Each contracting State agrees to adopt allpracticable measures, through the issuance ofspecial regulations or otherwise, to facilitateand expedite navigation by aircraft betweenthe territories of contracting States, and toprevent unnecessary delays to aircraft, crews,passengers and cargo, especially in theadministration of the laws relating toimmigration, quarantine, customs andclearance.

Article 23

Customs and immigration procedures

Each contracting State undertakes, so faras it may find practicable, to establish customsand immigration procedures affectinginternational air navigation in accordance withthe practices which may be established orrecommended from time to time, pursuant tothis Convention. Nothing in this Conventionshall be construed as preventing theestablishment of customs-free airports.

All such charges shall be published andcommunicated to the International CivilAviation Organization,: provided that, uponrepresentation by an interested contractingState, the charges imposed for the use of airportsand other facilities shall be subject to reviewby the Council, which shall report and makerecommendations thereon for the considerationof the State or States concerned. No fees, duesor other charges shall be imposed by anycontracting State in respect solely of the rightof transit over or entry into or exit from itsterritory of any aircraft of a contracting Stateor persons or property thereon.

Article 16

Search of aircraft

The appropriate authorities of each of thecontracting States shall have the right, withoutunreasonable delay, to search aircraft of theother contracting States on landing or departure,and to inspect the certificates and otherdocuments prescribed by this Convention.

CHAPTER III

NATIONALITY OF AIRCRAFT

Article 17

Nationality of aircraft

Aircraft have the nationality of the State inwhich they are registered.

Article 18

Dual registration

An aircraft cannot be validly registered inmore than one State, but its registration may bechanged from one State to another.

Article 19

National laws governing registration

The registration or transfer of registration ofaircraft in any contracting State shall be made inaccordance with its laws and regulations.

Article 20

Display of marks

Every aircraft engaged in international airnavigation shall bear its appropriate nationalityand registration marks.


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Article 24

Customs duty

(a) Aircraft on a flight to, from, or acrossthe territory of another contracting State shallbe admitted temporarily free of duty, subject tothe customs regulations of the State, Fuel,lubricating oils, spare parts, regular equipmentand aircraft stores on board an aircraft of acontracting State, on arrival in the territory ofanother contracting State and retained on boardon leaving the territory of that State shall beexempt from customs duty, inspection fees orsimilar national or local duties and charges.This exemption shall not apply to any quantitiesor articles unloaded, except in accordance withthe customs regulations of the State, whichmay require that they shall be kept undercustoms supervision.

(b) Spare parts and equipment importedinto the territory of a contracting State forincorporation in or use on an aircraft of anothercontracting State engaged in international airnavigation shall be admitted free of customsduty, subject to compliance with the regulationsof the State concerned, which may providethat the articles shall be kept under customssupervision and control.

Article 25

Aircraft in distress

Each contracting State undertakes toprovide such measures of assistance to aircraftin distress in its territory as it may findpracticable, and to permit, subject to controlby its own authorities, the owners of the aircraftor authorities of the State in which the aircraftis registered to provide such measures ofassistance as may be necessitated by thecircumstances. Each contracting State, whenundertaking search for missing aircraft, willcollaborate in coordinated measures which maybe recommended from time to time pursuant tothis Convention.

Article 26

Investigation of accidents

In the event of an accident to an aircraft ofa contracting State occurring in the territory ofanother contracting State, and involving deathor serious injury, or indicating serious technicaldefect in the aircraft or air navigation facilities,the State in which the accident occurs willinstitute an inquiry into the circumstances ofthe accident, in accordance, so far as its lawspermit, with the procedure which may berecommended by the International CivilAviation Organization. The State in which theaircraft is registered shall be given theopportunity to appoint observers to be presentat the inquiry and the State holding the inquiryshall communicate the report and findings inthe matter to that State.

Article 27

Exemption from seizure on patent claims

(a) While engaged in international airnavigation, any authorized entry of aircraft ofa contracting State into the territory of anothercontracting State or authorized transit acrossthe territory of such State with or withoutlandings shall not entail any seizure or detentionof the aircraft or any claim against the owneror operator thereof or any other interferencetherewith by or on behalf of such State or anyperson therein, on the ground that theconstruction, mechanism, parts, accessoriesor operation of the aircraft is an infringementof any patent, design, or model duly granted orregistered in the State whose territory is enteredby the aircraft, it being agreed that no depositof security in connection with the foregoingexemption from seizure or detention of theaircraft shall in any case be required in theState entered by such aircraft.

(b) The provisions of paragraph (a) of thisArticle shall also be applicable to the storageof spare parts and spare equipment for theaircraft and the right to use and install the same


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in the repair of an aircraft of a contractingState in the territory of any other contractingState, provided that any patented part orequipment so stored shall not be sold ordistributed internally in or exportedcommercially from the contracting State enteredby the aircraft.

(c) The benefits of this Article shall applyonly to such States, parties to this Convention,as either (1) are parties to the InternationalConvention for the Protection of IndustrialProperty and to any amendments thereof; or(2) have enacted patent laws which recognizeand give adequate protection to inventionsmade by the nationals of the other States partiesto this Convention.

Article 28

Air navigation facilities and standard systems

Each contracting State undertakes, so faras it may find practicable, to:

(a) Provide, in its territory, airports, radioservices, meteorological services andother air navigation facilities to facilitateinternational air navigation, inaccordance with the standards andpractices recommended or establishedfrom time to time, pursuant to thisConvention;

(b) Adopt and put into operation theappropriate standard systems ofcommunications procedure, codes,markings, signals, lighting and otheroperational practices and rules whichmay be recommended or establishedfrom time to time, pursuant to thisConvention;

(c) Collaborate in international measuresto secure the publication of aeronauticalmaps and charts in accordance withstandards which may be recommendedor established from time to time,pursuant to this Convention.

CHAPTER V

CONDITIONS TO BEFULFILLED WITH RESPECT

TO AIRCRAFT

Article 29

Documents carried in aircraft

Every aircraft of a contracting State,engaged in international navigation, shall carrythe following documents in conformity withthe conditions prescribed in this Convention:

(a) Its certificate of registration;

(b) Its certificate of airworthiness;

(c) The appropriate licences for eachmember of the crew;

(d) Its journey log book;

(e) If it is equipped with radio apparatus,the aircraft radio station licence;

(f) If it carries passengers, a list of theirnames and places of embarkation anddestination;

(g) If it carries cargo, a manifest and detaileddeclarations of the cargo.

Article 30

Aircraft radio equipment

(a) Aircraft of each contracting State may,in or over the territory of other contractingStates, carry radio transmitting apparatus onlyif a licence to install and operate such apparatushas been issued by the appropriate authoritiesof the State in which the aircraft is registered.The use of radio transmitting apparatus in theterritory of the contracting State whose territoryis flown over shall be in accordance with theregulations prescribed by that State.

(b) Radio transmitting apparatus may beused only by members of the flight crew whoare provided with a special licence for thepurpose, issued by the appropriate authoritiesof the State in which the aircraft is registered.


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Article 31

Certificates of airworthiness

Every aircraft engaged in internationalnavigation shall be provided with a certificateof airworthiness issued or rendered valid bythe State in which it is registered.

Article 32

Licences of personnel

(a) The pilot of every aircraft and the othermembers of the operating crew of every aircraftengaged in international navigation shall beprovided with certificates of competency andlicences issued or rendered valid by the Statein which the aircraft is registered.

(b) Each contracting State reserves the rightto refuse to recognize, for the purpose of flightabove its own territory, certificates ofcompetency and licences granted to any of itsnationals by another contracting State.

Article 33

Recognition of certificates and licences

Certificates of airworthiness and certificateof competency and licences issued or renderedvalid by the contracting State in which theaircraft is registered, shall be recognized asvalid by the other contracting States, providedthat the requirements under which suchcertificates or licences were issued or renderedvalid are equal to or above the minimumstandards which may be established from timeto time pursuant to this Convention.

Article 34

Journey log books

There shall be maintained in respect ofevery aircraft engaged in internationalnavigation a journey log book in which shallbe entered particulars of the aircraft, its crewand of each journey, in such form as may beprescribed from time to time pursuant to thisConvention.

Article 35

Cargo restrictions

(a) No munitions of war or implements ofwar may be carried in or above the territory ofa State in aircraft engaged in internationalnavigation, except by permission of such State.Each State shall determine by regulations whatconstitutes munitions of war or implements ofwar for the purposes of this Article, giving dueconsideration, for the purposes of uniformity,to such recommendations as the InternationalCivil Aviation Organization may from time totime make.

(b) Each contracting State reserves the right,for reasons of public order and safety, toregulate or prohibit the carriage in or above itsterritory of articles other than those enumeratedin paragraph (a): provided that no distinctionis made in this respect between its nationalaircraft engaged in international navigationand the aircraft of the other States so engaged;and provided further that no restriction shallbe imposed which may interfere with thecarriage and use on aircraft of apparatusnecessary for the operation or navigation ofthe aircraft or the safety of the personnel orpassengers.

Article 36

Photographic apparatus

Each contracting State may prohibit orregulate the use of photographic apparatus inaircraft over its territory.

CHAPTER VI

INTERNATIONAL STANDARDS

AND RECOMMENDED PRACTICES

Article 37

Adoption of international standards andprocedures

Each contracting State undertakes tocollaborate in securing the highest practicable


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degree of uniformity in regulations, standards,procedures, and organization in relation toaircraft, personnel, airways and auxiliaryservices in all matters in which such uniformitywill facilitate and improve air navigation.

To this end the International Civil AviationOrganization shall adopt and amend from timeto time, as may be necessary, internationalstandards and recommended practices andprocedures dealing with:

(a) Communications systems and airnavigation aids, including groundmarking;

(b) Characteristics of airport and landingareas;

(c) Rules of the air and air traffic controlpractices;

(d) Licensing of operating and mechanicalpersonnel;

(e) Airworthiness of aircraft;

(f) Registration and identification ofaircraft;

(g) Collection and exchange ofmeteorological information;

(h) Log books;

(i) Aeronautical maps and charts;

(j) Customs and immigration procedures;

(k) Aircraft in distress and investigation ofaccidents;

and such other matters concerned with thesafety, regularity, and efficiency of airnavigation as may from time to time appearappropriate.

Article 38

Departures from international standards andprocedures

Any State which finds it impracticable tocomply in all respects with any such internationalstandard or procedure, or to bring its ownregulations or practices into full accord with anyinternational standard or procedure afteramendment of the latter, or which deems itnecessary to adopt regulations or practices

differing in any particular respect from thoseestablished by an international standard, shallgive immediate notification to the InternationalCivil Aviation Organization of the differencesbetween its own practice and that established bythe International standard. In the case ofamendments to international standards, any Statewhich does not make the appropriate amendmentsto its own regulations or practices shall givenotice to the Council within sixty days of theadoption of the amendment to the internationalstandard, or indicate the action which it proposesto take. In any such case, the Council shall makeimmediate notification to all other states of thedifference which exists between one or morefeatures of an international standard and thecorresponding national practice of that State.

Article 39

Endorsement of certificates and licences

(a) Any aircraft or part thereof with respectto which there exists an international standardof airworthiness or performance, and whichfailed in any respect to satisfy that standard atthe time of its certification, shall have endorsedon or attached to its airworthiness certificate acomplete enumeration of the details in respectof which it so failed.

(b) Any person holding a licence who doesnot satisfy in full the conditions laid down inthe international standard relating to the classof licence or certificate which he holds shallhave endorsed on or attached to his licence acomplete enumeration of the particulars inwhich he does not satisfy such conditions.

Article 40

Validity of endorsed certificates and licences

No aircraft or personnel having certificatesor licences so endorsed shall participate ininternational navigation, except with thepermission of the State or States whose territoryis entered. The registration or use of any suchaircraft, or of any certificated aircraft part, inany State other than that in which it wasoriginally certificated shall be at the discretionof the State into which the aircraft or part isimported.


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Article 41

Recognition of existing standards ofairworthiness

The provisions of this Chapter shall notapply to aircraft and aircraft equipment of typesof which the prototype is submitted to theappropriate national authorities for certificationprior to a date three years after the date ofadoption of an international standard ofairworthiness for such equipment.

Article 42

Recognition of existing standards ofcompetency of personnel

The provisions of this Chapter shall notapply to personnel whose licences are originallyissued prior to a date one year after initialadoption of an international standard ofqualification for such personnel; but they shallin any case apply to all personnel whose licencesremain valid five years after the date of adoptionof such standard.

PART II

THE INTERNATIONAL CIVILAVIATION ORGANIZATION

CHAPTER VII

THE ORGANIZATION

Article 43

Name and composition

An organization to be named theInternational Civil Aviation Organization isformed by the Convention. It is made up of anAssembly, a Council, and such other bodies asmay be necessary.

Article 44

Objectives

The aims and objectives of the Organizationare to develop the principles and techniques ofinternational air navigation and to foster theplanning and development of international airtransport so as to :

(a) Insure the safe and orderly growth ofinternational civil aviation throughoutthe world;

(b) Encourage the arts of aircraft designand operation for peaceful purposes;

(c) Encourage the development of airways,airports, and air navigation facilitiesfor international civil aviation;

(d) Meet the needs of the peoples of theworld for safe, regular, efficient andeconomical air transport;

(e) Prevent economic waste caused byunreasonable competition;

(f) Insure that the right of contracting Statesare fully respected and that everycontracting State has a fair opportunityto operate international airlines;

(g) Avoid discrimination betweencontracting States;

(h) Promote safety of flight in internationalair navigation;

(i) Promote generally the development ofall aspects of international civilaeronautics.

Article 45 *

Permanent seat

The permanent seat of the Organizationshall be at such place as shall be determined atthe final meeting of the Interim Assembly ofthe Provisional International Civil Aviation


* Signed on 14 June, 1954. Entered into force on 16 May, 1958.

As on 30 June, 2003 there were 133 contracting States party to it. India ratified it on 19 January, 1955.

The original unamended text of the Convention reads as follows:

“ The permanent seat of the organization shall be at such place as shall be determined at the final meeting of the InterimAssembly of the Provisional International Civil Aviation Organization set up by the Interim Agreement on InternationalCivil Aviation signed at Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decisionof the Council.”

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Organization set up by the Interim Agreementon International Civil Aviation signed atChicago on December 7, 1944. The seat maybe temporarily transferred elsewhere bydecision of the Council, and otherwise thantemporarily by decisions of the Assembly, suchdecision to be taken by the number of votesspecified by the Assembly. The number ofvotes so specified will not be less than three-fifths of the total number of contracting States.

Article 46

First meeting of Assembly

The first meeting of the Assembly shall besummoned by the interim Council of the abovementioned Provisional Organization as soonas the Convention has come into force, to meetat a time and place to be decided by the InterimCouncil.

Article 47

Legal Capacity

The Organization shall enjoy in the territoryof each contracting State such legal capacityas may be necessary for the performance of itsfunctions. Full juridical personality shall begranted wherever compatible with theconstitution and laws of the State concerned.

CHAPTER VIII

THE ASSEMBLY

Article 48

Meetings of Assembly and voting

(a) The Assembly shall meet not less thanonce in three years and shall be convened by

the Council at a suitable time and place. Anextraordinary meeting of the Assembly may beheld at any time upon the call of the Council orat the request of not less than one-fifth of thetotal number of contracting States addressedto the Secretary General.*

(b) All Contracting States shall have anequal right to be represented at the meetings ofthe Assembly and each contracting State shallbe entitled to one vote. Delegates representingcontracting States may be assisted by technicaladvisers who may participate in the meetingsbut shall have no vote.

(c) A majority of the contracting States isrequired to constitute a quorum for the meetingsof the Assembly. Unless otherwise provided inthis Convention, decisions of the Assemblyshall be taken by a majority of the votes cast.

Article 49

Powers and duties of Assembly

The powers and duties of the Assemblyshall be to:

(a) Elect at each meeting its President andother officers;

(b) Elect the contracting States to berepresented on the Council, inaccordance with the provisions ofChapter IX;

(c) Examine and take appropriate actionon the reports of the Council and decideon any matter referred to it by theCouncil;


* This is the text of the Article as amended by the 14th Session of the Assembly on 14 September, 1962. It entered intoforce on 11 September, 1975. Under Article 94(a) of the Convention, the amended text is in force in respect of thoseStates which have ratified the amendment. As on 30 June, 2003 there were 111 contracting States party to this. Indiaratified it on 6 October, 1970. The previous text of this Article as amended by the 8th Session of the Assembly on14 June, 1954 and which entered into force on 12 December, 1956 reads as follows:

“(a) The Assembly shall meet not less than once in three years and shall be convened by the Council at a suitable timeand place. Extraordinary meetings of the Assembly may be held at any time upon the call of the council or at the requestof any ten contracting States addressed to the Secretary General.”

As on 30 June, 2003 it has been ratified by 136 States.

India ratified it on 19 January, 1955.

The original unamended text of the Convention reads as follows:

“(a) The Assembly shall meet annually and shall be convened by the Council at a suitable time and place. Extraordinarymeetings of the Assembly may be held at any time upon the call of the Council or at the request of any ten contractingStates addressed to the Secretary General.

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(d) Determine its own rules of procedureand establish such subsidiarycommissions as it may consider to benecessary or desirable;

(e) Vote annual budgets and determine thefinancial arrangements of theOrganization, in accordance with theprovisions of Chapter XII; *

(f) Review expenditures and approve theaccounts of the Organization;

(g) Refer, at its discretion, to the Council,to subsidiary commissions, or to anyother body any matter within its sphereof action;

(h) Delegate to the Council the powers andauthority necessary or desirable for thedischarge of the duties of theOrganization and revoke or modify thedelegations of authority at any time;

(i) Carry out the appropriate provisions ofChapter XIII;

(j) Consider proposals for the modificationor amendment of the provisions of thisConvention and, if it approves of theproposals, recommend them to thecontracting States in accordance withthe provisions of Chapter XXI;

(k) Deal with any matter within the sphereof action of the Organization notspecifically assigned to the Council.

CHAPTER IX

THE COUNCIL

Article 50

Composition and election of Council

(a) The Council shall be a permanent bodyresponsible to the Assembly. It shall becomposed of thirty-six contracting Stateselected by the Assembly. An election shall beheld at the first meeting of the Assembly andthereafter every three years, and the membersof the Council so elected shall hold office untilthe next following election. **

(b) In electing the members of the Council,the Assembly shall give adequate representationto (1) the States of chief importance in airtransport; (2) the States not otherwise includedwhich make the largest contribution to theprovision of facilities for international civil airnavigation,; and (3) the States not otherwiseincluded whose designation will insure that allthe major geographic areas of the world arerepresented on the Council. Any vacancy onthe Council shall be filled by the Assembly assoon as possible; any contracting State soelected to the Council shall hold office for the


* This is the text of the Article as amended by the Eighth Session of the Assembly on 14 June, 1954. It entered into forceon 12 December, 1956. Under Article 94(a) of the Convention, the amended text is in force in respect of those Stateswhich have ratified the amendment.

As on 30 June, 2003 there were 136 contracting States party to this.

India ratified it on 19 January, 1955.

In respect of the States which have not ratified the amendment, the original text is still in force and, therefore, that textis reproduced below :

“(e) Vote an annual budget and determine the financial arrangements of the Organization, in accordance with theprovisions of Chapter XII;”.

** This is the text of the Article as amended by the 21st Session of the Assembly on 16 October 1974, It entered into forceon 15 February, 1980. The original text of the Convention provided for twenty-one Members of the Council. The textwas subsequently amended at the 13th (Extraordinary) Session of the Assembly on 19 June, 1961; that amendmententered into force on 17 July, 1962 and provided for twenty-seven Members of the Council: a further amendment wasapproved by the 17th (A) (Extraordinary) Session of the Assembly on 12 March, 1971 providing for thirty Members ofthe Council; this amendment entered into force on 16 January, 1973. This had 125 parties as on 30 June, 2003.

India ratified it on 15 June, 1971.

Next amendment signed on 26 October, 1990 at Montreal which entered into force on 28 November, 2002.

As on June, 2003 there were 117 contracting States party to this.

India ratified it on 9 July, 1992.

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unexpired portion of its predecessor’s term ofoffice.

(c) No representative of a contracting Stateon the Council shall be actively associatedwith the operation of an international air serviceor financially interested in such a service.

Article 51

President of Council

The Council shall elect its President for aterm of three years. He may be reelected. Heshall have no vote. The Council shall electfrom among its members one or more VicePresidents who shall retain their right to votewhen serving as acting President. The Presidentneed not be selected from among therepresentatives of the members of the Councilbut, if a representative is elected, his seat shallbe deemed vacant and it shall be filled by theState which he represented. The duties of thePresident shall be to:

(a) Convene meetings of the Council, theAir Transport Committee, and the AirNavigation Commission;

(b) Serve as representative of the Council;and

(c) Carry out on behalf of the Council thefunctions which the Council assigns tohim.

Article 52

Voting in Council

Decisions by the Council shall requireapproval by a majority of its members. TheCouncil may delegate authority with respect toany particular matter to a committee of itsmembers. Decisions of any committee of theCouncil may be appealed to the Council by anyinterested contracting State.

Article 53

Participation without a vote

Any contracting State may participate,without a vote, in the consideration by the

Council and by its committees and commissionsof any question which especially affects itsinterests. No member of the Council shall votein the consideration by the Council of a disputeto which it is a party.

Article 54

Mandatory functions of Council

The Council shall :

(a) Submit annual reports to the Assembly;

(b) Carry out the directions of the Assemblyand discharge the duties and obligationswhich are laid on it by this Convention;

(c) Determine its organization and rules ofprocedure;

(d) Appoint and define the duties of an AirTransport Committee, which shall bechosen from among the representativesof the members of the Council, andwhich shall be responsible to it;

(e) Establish an Air NavigationCommission, in accordance with theprovisions of Chapter X;

(f) Administer the Finances of theOrganization in accordance with theprovisions of Chapters XII and XV;

(g) Determine the emoluments of thePresident of the Council;

(h) Appoint a chief executive officer whoshall be called the Secretary General,and make provision for the appointmentof such other personnel as may benecessary, in accordance with theprovisions of Chapter XI;

(i) Request, collect, examine and publishinformation relating to the advancementof air navigation and the operation ofinternational air services, includinginformation about the costs of operationand particulars of subsidies paid toairlines from public funds;

(j) Report to contracting States anyinfraction of this Convention, as well as


18

any failure to carry out recommendationsor determinations of the Council;

(k) Report to the Assembly any infractionof this Convention where a contractingState has failed to take appropriate actionwithin a reasonable time after notice ofthe infraction;

(l) Adopt, in accordance with the provisionsof Chapter VI of this Convention,international standards andrecommended practices; forconvenience, designate them as Annexesto this Convention; and notify allcontracting States of the action taken;

(m) Consider recommendations of the Airnavigation Commission for amendmentof the Annexes and take action inaccordance with the provisions ofChapter XX;

(n) Consider any matter relating to theConvention which any contracting Staterefers to it.

Article 55

Permissive functions of Council

The Council may :

(a) Where appropriate and as experiencemay show to be desirable, createsubordinate air transport commissionson a regional or other basis and definegroups of states or airlines with orthrough which it may deal to facilitatethe carrying out of the aims of thisConvention;

(b) Delegate to the Air NavigationCommission duties additional to thoseset forth in the Convention and revokeor modify such delegations of authority

at any time;

(c) Conduct research into all aspects of airtransport and air navigation which areof international importance,communicate the results of its researchto the contracting States, and facilitatethe exchange of information betweencontracting States on air transport andair navigation matters;

(d) Study any matters affecting theorganization and operation ofinternational air transport, including theinternational ownership and operationof international air services on trunkroutes, and submit to the Assembly plansin relation thereto;

(e) Investigate, at the request of anycontracting State, any situation whichmay appear to present avoidableobstacles to the development ofinternational air navigation; and, aftersuch investigation, issue such report asmay appear to it desirable.

CHAPTER X

THE AIR NAVIGATIONCOMMISSION

Article 56

Nomination and appointment of Commission

The Air Navigation Commission shall becomposed of fifteen members appointed bythe Council from among persons nominated bycontracting States. These persons shall havesuitable qualifications and experience in thescience and practice of aeronautics. TheCouncil shall request all contracting States tosubmit nominations. The President of the AirNavigation Commission shall be appointed bythe Council.*


* This is the text of the Article as amended at the 18th Session of the Assembly on 7 July, 1971. It entered into force on19 December, 1974. The original text of the Convention provided for twelve members of the Air Navigation Commission.

As on 30 June, 2003 there were 127 States party to it.

India ratified it on 21 December, 1971

Next amendment was carried out on 6 October, 1989. This has not been entered into force due to insufficient number ofratifications.

As on 30 June, 2003 there were 96 States party to it.

India ratified it on 1 September, 1992.

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Article 57

Duties of Commission

The Air Navigation Commission shall :

(a) Consider, and recommend to theCouncil for adoption, modifications ofthe Annexes to this Convention;

(b) Establish technical subcommissions onwhich any contracting State may berepresented, if it so desires;

(c) Advise the Council concerning thecollection and communication to thecontracting States of all informationwhich it considers necessary and usefulfor the advancement of air navigation.

CHAPTER XI

PERSONNEL

Article 58

Appointment of personnel

Subject to any rules laid down by theAssembly and to the provisions of thisConvention, the Council shall determine themethod of appointment and of termination ofappointment, the training, and the salaries,allowances, and conditions of service of theSecretary General and other personnel of theOrganization, and may employ or make use ofthe services of nationals of any contractingState.

Article 59

International character of personnel

The President of the Council, the SecretaryGeneral, and other personnel shall not seek orreceive instructions in regard to the dischargeof their responsibilities from any authority

external to the Organization. Each contractingState undertakes fully to respect theinternational character of the responsibilitiesof the personnel and not to seek to influenceany of its nationals in the discharge of theirresponsibilities.

Article 60

Immunities and privileges of personnel

Each contracting State undertakes, so faras possible under its constitutional procedure,to accord to the President of the Council, theSecretary General, and the other personnel ofthe Organization, the immunities and privilegeswhich are accorded to corresponding personnelof the public international organizations. If ageneral international agreement on theimmunities and privileges of international civilservants is arrived at, the immunities andprivileges accorded to the President, theSecretary General, and the other personnel ofthe Organization shall be the immunities andprivileges accorded under that generalinternational agreement.

CHAPTER XII

FINANCE

Article 61 *

Budget and apportionment of expenses

The Council shall submit to the Assemblyannual budgets, annual statements of accountsand estimates of all receipts and expenditures.The Assembly shall vote the budgets withwhatever modification it sees fit to prescribe,and, with the exception of assessments underChapter XV to States consenting thereto, shallapportion the expenses of the Organizationamong the contracting States on the basis whichit shall from time to time determine.


* This is the text of the Article as amended by the Eighth Session of the Assembly on 14 June 1954; it entered into forceon 12 December, 1956. As on 30 June, 2003 there were 136 contracting States party to this. India ratified it on 19January, 1955. Under Article 94(a) of the Convention, the amended text is in force in respect of those States which haveratified the amendment. In respect of the States which have not ratified the amendment, the original text is still in forceand, therefore, that text is reproduced below :

“The Council shall submit to the Assembly an annual budget, annual statements of accounts and estimates of allreceipts 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 theOrganization among the contracting States on the basis which it shall from time to time determine.”

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Article 62Suspension of voting power

The Assembly may suspend the voting powerin the Assembly and in the Council of anycontract-ing State that fails to discharge withina reasonable period its financial obligations tothe Organization.

Article 63Expenses of delegations and other representatives

Each contracting State shall bear theexpenses of its own delegation to the Assemblyand the remuneration, travel, and otherexpenses of any person whom it appoints toserve on the Council, and of its nominees orrepresentatives on any subsidiary committeesor commissions of the Organization.

CHAPTER XIII

OTHER INTERNATIONALARRANGEMENTS

Article 64Security arrangements

The Organization may, with respect to airmatters within its competence directly affectingworld security, by vote of the Assembly enterinto appropriate arrangements with any generalorganization set up by the nations of the worldto preserve peace.

Article 65

Arrangements with other international bodies

The Council, on behalf of the Organization,may enter into agreements with otherinternational bodies for the maintenance ofcommon services and for commonarrangements concerning personnel and, withthe approval of the Assembly, may enter intosuch other arrangements as may facilitate thework of the Organization.

Article 66

Functions relating to other agreements

(a) The Organization shall also carry outthe functions placed upon it by the International

Air Services Transit Agreement and by theInter-national Air Transport Agreement drawnup at Chicago on December 7, 1944, inaccordance with the terms and conditions therein set forth.

(b) Members of the Assembly and theCouncil who have not accepted the InternationalAir Servi-ces Transit Agreement of theInternational Air Transport Agreement drawnup at Chicago on 7 December 1944 shall nothave the right to vote on any questions referredto the Assembly or Council under the provisionsof the relevant Agreement.

PART III

INTERNATIONAL AIR TRANSPORT

CHAPTER XIV

INFORMATION AND REPORTS

Article 67

File reports with Council

Each contracting State undertakes that itsinternational airlines shall, in accordance withrequirements laid down by the Council, filewith the Council traffic reports, cost statisticsand financial statements showing among otherthings all receipts and the sources thereof.

CHAPTER XV

AIRPORTS AND OTHER AIRNAVIGATION FACILITIES

Article 68

Designation of routes and airports

Each contracting State may, subject to theprovisions of this Convention, designate theroute to be followed within its territory by anyinternational air service and the airports whichany such service may use.

Article 69

Improvement of air navigation facilities

If the Council is of the opinion that theairports or other air navigation facilities,including radio and meteorological services,


21

of a contracting State are not reasonablyadequate for the safe, regular, efficient, andeconomical operation of international airservices, present or contemplated, the Councilshall consult with the State directly concerned,and other States affected, with a view to findingmeans by which the situation may be remedied,and may make recommendations for thatpurpose. No contracting State shall be guiltyof an infraction of this Convention if it fails tocarry out these recommendations.

Article 70

Financing of air navigation facilities

A contracting State, in the circumstancesarising under the provisions of Article 69, mayconclude an arrangement with the Council forgiving effect to such recommendations. TheState may elect to bear all of the costs involvedin any such arrangement. If the State does notso elect, the Council may agree, at the requestof the State, to provide for all or a portion ofthe costs.

Article 71

Provision and maintenance of facilities byCouncil

If a contracting State so request, the Councilmay agree to provide, man, maintain, andadminister any or all of the airports and otherair navigation facilities including radio andmeteorological services, required in its territoryfor the safe, regular, efficient and economicaloperation of the international air services ofthe other contracting States, and may specifyjust and reasonable charges for the use of thefacilities provided.

Article 72

Acquisition or use of land

Where land is needed for facilities financedin whole or in part by the Council at the requestof a contracting State, that State shall eitherprovide the land itself, retaining title if it wishes,or facilitate the use of the land by the Councilon just and reasonable terms and in accordancewith the laws of the State concerned.

Article 73

Expenditure and assessment of funds

Within the limit of the funds which may bemade available to it by the Assembly underChapter XII, the Council may make currentexpenditures for the purposes of this Chapterfrom the general funds of the Organization.The Council shall assess the capital fundsrequired for the purposes of this Chapter inpreviously agreed proportions over a reasonableperiod of time to the contracting Stateconsenting thereto whose airlines use thefacilities. The Council may also assess to Statesthat consent any working funds that arerequired.

Article 74

Technical assistance and utilization of revenues

When the Council, at the request of acontracting State, advances funds or providesairports or other facilities in whole or in part,the arrangement may provide, with the consentof that State, for technical assistance in thesupervision and operation of the airports andother facilities, and for the payment, from therevenues derived from the operation of theairports and other facilities of the operatingexpenses of the airports and the other facilities,and of interest and amortization charges.

Article 75

Taking over of facilities from Council

A contracting State may at any timedischarge any obligation into which it hasentered under Article 70, and take over airportsand other facilities which the Council hasprovided in its territory pursuant to theprovisions of Articles 71 and 72, by paying tothe Council an amount which in the opinion ofthe Council is reasonable in the circumstances.If the State considers that the amount fixed bythe Council is unreasonable it may appeal tothe Assembly against the decision of theCouncil and the Assembly may confirm oramend the decision of the Council.


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Article 76

Return of funds

Funds obtained by the Council throughreimbursement under Article 75 and fromreceipts of interest and amortization paymentsunder Article 74 shall, in the case of advancesoriginally financed by States under Article 73,be returned to the States which were orginallyassessed in the proportion of their assessments,as determined by the Council.

CHAPTER XVI

JOINT OPERATINGORGANIZATIONS AND

POOLED SERVICES

Article 77

Joint operating organizations permitted

Nothing in this Convention shall preventtwo or more contracting States fromconstituting joint air transport operatingorganizations or international operatingagencies and from pooling their air services onany routes or in any regions, but suchorganization or agencies and such pooledservices shall be subject to all the provisionsof this Convention, including those relating tothe registration of agreements with the Council.The Council shall determine in what mannerthe provisions of this Convention relating tonationality of aircraft shall apply to aircraftoperated by international operating agencies.

Article 78

Function of Council

The Council may suggest to contractingStates concerned that they form jointorganizations to operate air services on anyroutes or in any regions.

Article 79

Participation in operating organizations

A State may participate in joint operatingorganizations or in pooling arrangements, eitherthrough its government or through an airlinecompany or companies designated by its

government. The companies may, at the solediscretion of the State concerned, be state-owned or party state-owned or privately owned.

PART IV

FINAL PROVISIONS

CHAPTER XVII

OTHER AERONAUTICALAGREEMENTS AND

ARRANGEMENTS

Article 80

Paris and Habana Conventions

Each contracting State undertakes,immediately upon the coming into force of thisConvention, to give notice of denunciation ofthe Convention relating to the Regulation ofAerial Navigation signed at Paris on October13, 1919 or the Convention on CommercialAviation signed at Habana on February 20,1928, if it is a party to either. As betweencontracting States, this Convention supersedesthe Conventions of Paris and Habana previouslyreferred to.

Article 81

Registration of existing agreements

All aeronautical agreements which are inexistence on the coming into force of thisConvention, and which are between acontracting State and any other State or betweenan airline of a contracting State and any otherState or the airline of any other State, shall beforthwith registered with the Council.

Article 82

Abrogation of inconsistent arrangements

The contracting States accept thisConvention as abrogating all obligations andunderstandings between them which areinconsistent with its terms, and undertake not toenter into any such obligations andunderstandings. A contracting State which,before becoming a member of the Organizationhas undertaken any obligations toward a non-contracting State or a national of a contracting


23

State or a non-contracting State inconsistentwith the terms of this Convention, shall takeimmediate steps to procure its release from theobligations. If an airline of any contracting Statehas entered into any such inconsistentobligations, the State of which it is a nationalshall use its best efforts to secure their terminationforth with and shall in any event cause them tobe terminated as soon as such action can lawfullybe taken after the coming into force of thisConvention.

Article 83

Registration of new arrangements

Subject to the provisions of the precedingArticle, any contracting State may makearrangements not inconsistent with theprovisions of this Convention. Any sucharrangement shall be forthwith registered withthe Council, which shall make it public as soonas possible.

Article 83 bis *

Transfer of certain functions and duties

(a) Notwithstanding the provisions ofArticle 12, 30, 31 and 32(a) when an aircraftregistered in a contracting State is operatedpursuant to an agreement for the lease, charteror interchange of the aircraft or any similararrangement by an operator who has hisprincipal place of business or, if he has no suchplace of business, his permanent residence inanother contracting State, the State of registrymay, by agreement with such other State,transfer to it all or part of its functions andduties as State of registry in respect of thataircraft under Articles 12, 30, 31 and 32(a).The State of registry shall be relieved ofresponsibility in respect of the functions andduties transferred.

(b) The transfer shall not have effect inrespect of other contracting States before eitherthe agreement between States in which it isembodied has been registered with the Counciland made public pursuant to Article 83 or theexistence and scope of the agreement havebeen directly communicated to the authoritiesof the other contracting State or Statesconcerned by a State party to the agreement.

(c) The provisions of paragraph (a) and (b)above shall also be applicable to cases coveredby Article 77.

CHAPTER XVIII

DISPUTES AND DEFAULT

Article 84

Settlement of disputes

If any disagreement between two or morecontracting States relating to the interpretationor application of this Convention and itsAnnexes cannot be settled by negotiation, itshall, on the application of any State concernedin the disagreement, be decided by the Council.No member of the Council shall vote in theconsideration by the Council of any dispute towhich it is a party. Any contracting State may,subject to Article 85, appeal from the decisionof the Council to an ad hoc arbitral tribunalagreed upon with the other parties to the disputeor to the Permanent Court of InternationalJustice. Any such appeal shall be notified tothe Council within sixty days of receipt ofnotification of the decision of the Council.

Article 85

Arbitration procedure

If any contracting State party to a dispute inwhich the decision of the Council is under


* On 6 October 1980 the Assembly decided to amend the Chicago Convention by introducing Article 83 bis. Under Article94(a) of the Convention the amendment came into force on 20 June 1997 in respect of States which ratified it.

As on 30 June, 2003 there were 139 contracting States party to it.

India ratified it on 5 August, 1994.

Next amendment was signed at Montreal on 10 May, 1984 which entered into force on 1 October, 1998. This has 125States as party to it

India has not ratified it.

24

appeal has not accepted the Statute of thePermanent Court of International Justice andthe contracting States parties to the disputecannot agree on the choice of the arbitraltribunal, each of the contracting States partiesto the dispute shall name a single arbitratorwho shall name an umpire. If either contractingState party to the dispute fails to name anarbitrator within a period of three months fromthe date of the appeal, an arbitrator shall benamed on behalf of that State by the Presidentof the Council from a list of qualified andavailable persons maintained by the Council.If, within thirty days, the arbitrators cannotagree on an umpire, the President of the Councilshall designate an umpire from the listpreviously referred to. The arbitrators and theumpire shall then jointly constitute an arbitraltribunal. Any arbitral tribunal established underthis or the preceding Article shall settle its ownprocedure and give its decisions by majorityvote, provided that the Council may determineprocedural questions in the event of any delaywhich in the opinion of the Council is excessive.

Article 86

Appeals

Unless the Council decides otherwise anydecision by the Council on whether aninternational airline is operating in conformitywith the provisions of this Convention shallremain in effect unless reversed on appeal. Onany other matter, decisions of the Councilshall, if appealed from, be suspended until theappeal is decided. The decisions of thePermanent Court of International Justice andof an arbitral tribunal shall be final and binding.

Article 87

Penalty for non-conformity of airline

Each contracting State undertakes not toallow the operation of an airline of a contractingState through the airspace above its territory ifthe Council has decided that the airlineconcerned is not conforming to a final decisionrendered in accordance with the previousArticle.

Article 88

Penalty for non-conformity by State

The Assembly shall suspend the votingpower in the Assembly and in the Council ofany contracting State that is found in defaultunder the provisions of this Chapter.

CHAPTER XIX

WAR

Article 89

War and emergency conditions

In case of war, the provisions of thisConvention shall not affect the freedom ofaction of any of the contracting States affected,whether as belligerents or as neutrals. Thesame principle shall apply in the case of anycontracting State which declares a state ofnational emergency and notifies the fact to theCouncil.

CHAPTER XX

ANNEXES

Article 90

Adoption and amendment of Annexes

(a) The adoption by the Council of theAnnexes described in Article 54,subparagraph (l), shall require the voteof two-thirds of the Council at a meetingcalled for that purpose and shall then besubmitted by the Council to eachcontracting State. Any such Annex orany amendment of an Annex shallbecome effective within three monthsafter its submission to the contractingStates or at the end of such longer periodof time as the Council may prescribe,unless in the meantime a majority of thecontracting States register theirdisapproval with the Council.

(b) The Council shall immediately notifyall contracting States of the coming intoforce of any Annex or amendmentthereto.


25

CHAPTER XXI

RATIFICATIONS, ADHERENCES,AMENDMENTS, AND

DENUNCIATIONS

Article 91

Ratification of Convention

(a) This Convention shall be subject toratification by the signatory States. Theinstruments of ratification shall be depositedin the archives of the Government of the UnitedStates of America, which shall give notice ofthe date of the deposit to each of the signatoryand adhering States.

(b) As soon as this Convention has beenratified or adhered to by twenty-six States itshall come into force between them on thethirtieth day after deposit of the twenty-sixthinstrument. It shall come into force for eachState ratifying thereafter on the thirtieth dayafter the deposit of its instrument of ratification.

(c) It shall be the duty of the Government ofthe United States of America to notify thegovernment of each of the signatory andadhering States of the date on which thisConvention comes into force.

Article 92

Adherence to Convention

(a) This Convention shall be open foradherence by members of the United Nationsand States associated with them, and Stateswhich remained neutral during the presentworld conflict.

(b) Adherence shall be effected by anotification addressed to the Government ofthe United States of America and shall takeeffect as from the thirtieth day from the receiptof the notification by the Government of theUnited States of America, which shall notifyall the contracting States.

Article 93

Admission of other States

States other than those provided for inArticles 91 and 92 (a) may, subject to approvalby any general international organization setup by the nations of the world to preservepeace, be admitted to participation in thisConvention by means of a four-fifths vote ofthe Assembly and on such conditions as theAssembly may prescribe: provided that in eachcase the assent of any State invaded or attackedduring the present war by the State seekingadmission shall be necessary.

Article 93 bis *

(a) Notwithstanding the provisions ofArticle 91, 92 and 93 above:

(1) A State whose government the GeneralAssembly of the United Nations hasrecommended be debarred frommembership in international agenciesestablished by or brought intorelationship with the United Nationsshall automatically cease to be a memberof the International Civil AviationOrganization;

(2) A State which has been expelled frommembership in the United Nations shallautomatically cease to be a member ofthe International Civil AviationOrganization unless the GeneralAssembly of the United Nations attachesto its act of expulsion a recommendationto the contrary.

(b) A State which ceases to be a member ofthe International Civil Aviation Organizationas a result of the provisions of paragraph (a)above may, after approval by the GeneralAssembly of the United Nations, be readmittedto the International Civil Aviation Organizationupon application and upon approval by amajority of the Council.


* Signed on 27 May, 1947. Came into force on 20 March, 1961

As on 30 June, 2003 there were 105 contracting States party to this.

India ratified it on 15 December, 1947.

26

* This is the text of the final paragraph as amended by the 22nd Session of theAssembly on 30 September, 1977. It enteredinto force on 17 August, 1999. Under Article 94(a) of the Convention, the amended text is in force in respect of thoseStates which have ratified the amendment. In respect of the States which have not ratified the amendment, the originaltext is still in force and, therefore, that text is reproduced below:

“DONE at Chicago the seventh day of December, 1944, in the English language. A text drawn up in the English, Frenchand Spanish languages, each of which shall be of equal authenticity, shall be open for signature at Washington, D.C. Bothtexts shall be deposited in the archives of the Government of the United States of America, and certified copies shall betransmitted by that Government to the governments of all the States which may sign or adhere to this Convention.”

(c) Members of the Organization which aresuspended from the exercise of the right andprivileges of membership in the United Nationsshall, upon the request of the latter, besuspended from the rights and privileges ofmembership in this Organization.

Article 94

Amendment of Convention

(a) Any proposed amendment to thisConvention must be approved by a two-thirdsvote of the Assembly and shall then come intoforce in respect of States which have ratifiedsuch amendment when ratified by the numberof contracting States specified by the Assembly.The number so specified shall not be less thantwo-thirds of the total number of contractingStates.

(b) If in its opinion the amendment is ofsuch a nature as to justify this course, theAssembly in its resolution recommendingadoption may provide that any State which hasnot ratified within a specified period after theamendment has come into force shall thereuponcease to be a member of the Organization anda party to the Convention.

Article 95

Denunciation of Convention

(a) Any contracting State may give noticeof denunciation of this Convention three yearsafter its coming into effect by notificationaddressed to the Government of the UnitedStates of America, which shall at once informeach of the contracting States.

(b) Denunciation shall take effect one yearfrom the date of the receipt of the notificationand shall operate only as regards the Stateeffecting the denunciation.

CHAPTER XXII

DEFINITIONS

Article 96

For the purpose of this Convention theexpression:

(a) “Air service” means any scheduled airservice performed by aircraft for thepublic transport of passengers, mail orcargo.

(b) “International air service” means an airservice which passes through the airspace over the territory of more thanone State.

(c) “Airline” means any air transportenterprise offering or operating aninternational air service.

(d) “Stop for non-traffic purposes” meansa landing for any purpose other thantaking on or discharging passengers,cargo or mail.

SIGNATURE OF CONVENTION

IN WITNESS WHEREOF, the undersignedplenipotentiaries, having been duly authorized,sign this Convention on behalf of theirrespective governments on the dates appearingopposite their signatures.

DONE at Chicago the seventh day ofDecember 1944, in the English language. A textdrawn up in the English, French and Spanishlanguages, each of which shall be of equalauthenticity. These texts shall be deposited inthe archives of the Government of the UnitedStates of America, and certified copies shall betransmitted by that Government to thegovernments of all the States which may sign oradhere to this Convention. This Conventionshall be open for signature at Washington, D.C.*
