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Doc 7782
Rules for the Settlement of Differences
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Doc 778212 Approved by the Council and published by its decision b SECOND -EDITION - 1975 I N'rl- RN.iTIONilL CIVIL AVIATIOIV ORGANIZATION I RULES FOIt TIIE SETTLE3IENT OF DIFFERENCES Approved by the Council on 9 April 1957 and amended on 10 November 1975
Published in separate English, French, Spanish and Russian editions by the Inter- national Civil Aviation Organization. All correspondence, except orders and sub- scriptions, should be addressed to the Secretary General of ICAO, P.O. Box 400, Succursale Place de I'Aviation internationale, 1000 Sherbrooke Street West, Montreal, Quebec, Canada H3A 2R2. Orders for this publication should be sent to one of the following addresses, together with the appropriate remittance by bank draft or post office money order in U.S. dollars or the cumncy of the country in which the order is placed or in a freely convertible currency Canada Information Canada, Ottawa, On- Mexico Representante de la OACI, Oficina tario. NorteamCrica y Caribe, Apartado postal 5-377. Mtxico 5. D.F. Egypt Arab Republic of ICAO Reprcsen- tative, Middle East Eastern Afrian Peru Representante de la OACI, ficina Office, 16 Hassan Sabri, Zamdtk, Cairo. SudamCrica, Apartado 41 27, Lima. Senegaf Reprbentnnt de I'OACI, Bureau France ReprCsentant de I'OACI, Bureau Afrique, i 2356, k. Europe. 3bis, viUa Emile-Bergerat, 92 Neuilly- sur-Seine. Sweden C.E. Fritzes Kungl. Hovbokhandel, Fredsgatan 2, Box 16356, Stockholm 16. India Oxford Book and Stationery Co., Thailand lCAO RepresentPtive, Far East Scindia House, New Delhi or 17 Park Street, Calcutta. and Pacific Office, P.O. Box 614, Bangkok. United Kingdom Civil Aviation Authority, sawn Japan Civil Aviation Promotion Printing and Publications Services, GrevUe Foundation, NO. 38 Shiba KotohiraCho, House, 37 Gratton Road, Cheltenham Glos., Minato-Ku, Tokyo. GL50 2BN. lnternationd Civil Aviation Organization Attention Distribution Officer, P.O. Box 400, Succursale Place de 1'Aviation internationale, 1000 Sherbrooke Street West, Montreal, Quebec, Canada H3A 2R2.
RULES FOR THE SETTLEMENT OF DIFFERENCES Approved by the Cound on 9 April 1957 and mended on 10 November 1975. 1 The Rules of Parts I and I11 shall govern the settlement of the following disagreements between Contracting States which may be referred to the Council a Any disagreement between two or more Contracting States relating to the interpretation or application of the Convention on Inter- national Civil Aviation hereinafter called "the Convention" and its Annexes Articles 84 to 88 of the Convention b Any disagreement between two or more Contracting States relating to the interpretation or application of the International Air Services Transit Agreement and of the International Air Transport Agreement hereinafter respectively called "Transit Agreement" and "Transport Agreement" Article 11, Section 2 of the Transit Agreement Article IV, Section 3 of the Transport Agreement. 2 The Rules of Parts I1 and 111 shall govern the consideration of any complaint regarding an action taken by a State party to the Transit Agreement and under that Agreement, which another State party to the same Agreement deems to cause injustice or hardship to it Article 11, Section I, or regarding a similar action under the Transport Agreement Article IV, Section 2. - Part I Article 2 Any Contracting State submitting a disagreement to the Council for settle- ment hereinafter referred to as "the applicant" shall file an application to which shall be attached a memorial containing --. - - - -- .- Amendment of Me 29 approved by the Cmnd on 10 November 1975. 1
a The name of the applicant and the name of any Contracting State with which the disagreement exists the latter hereinafter referred to as "the resjxmdent" b The name of .a.n agent authorized to act for the applicant in the proceedings, together with his address, at. .the seat of the Organization, to which all communications relating to the case, including notice of the date of any meeting, should be sent c A statement of relevant facts d Supporting data related to the facts r A statement of law Cf The relief desired by action of Council on the specific points sub- mitted g A statement that negotiations to settle the disagreement had taken place between the .parties but were not successful. 1 Upon- receipt of an application, the Secretary General shall a Verify that it complies in form with the requirements of Article 2, and, if necessary, require the applicant to supply any deficiencies appearing therein b Immediately thereafter notify all parties to the instrument the interpretation or application of which is in question, as well as all Members of the Council, that the application has been received c Forward copies of the application and of the supporting dmu- mentation to the respondent, with an invitation to file a counter-memorial within a time-limit fixed by the Council. 2 Copies of all subsequent pleadings or other documents submitted by a party to the Council shall similarly be forwarded by the Secretary General to the other party or parties in the case.
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