Doc 7669. Издание 4. Legal Committee. Constitution – Procedure for Approval of Draft Conventions – Rules of Procedure

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Doc 7669-LC/139/4 LEGAL COMMITTEE CONSTITUTION . PROCEDURE FOR APPROVAL OF DRAFT CONVENTIONS RULES OF PROCEDURE Approved by the Legal Committee and published by author of the Secretary General FOURTH EDITION - 1989 INTERNATIONAL CML AVIATION ORGANIZATION

Published in separate English, French, Russian and Spanish editions by the International Civil Aviation Organization. All correspondence, except orders and subscriptions, should be addressed to the Seretory General. Orders for this publication should be sent to one of the following addresses, together with the appropriate remittance by bank dlaft or post office money order in U.S. dollars or the currency of the country in which the order is placed. Document Sales Unit International Civil Aviation Organization 1000 Sherbrooke Street West, Suite 400 Montreal, Quebec Canada H3A 2R2 Egypt. ICAO Representative, Middle East Office, 16 Hassan Sabri. Zamalek. Cairo. France. Representant de I'OACI, Bureau Europe, 3 bis, villa 6mile-Bergerat, 92522 Neuilly-sur-Seine Cedex. India. Oxford Book and Stationery Co., Scindia House, New Delhi or 17 Park Street, Calcutta. Japun. Japan Civil Aviation Promotion Foundation, 15- 12, I -chome, Toranomon, Minato-Ku, Tokyo. Kenya. ICAO Representative, Eastern and Southern African Office. United Nations Accommodation, P .O. ox'46294 Nairobi. Mexico. Representante de la OACI, Oficina Norteamkrica, Centroamerica y Caribe, Apartado postal 5-377, C.P. 11590, Mexico 5, D.F. Peru. Representante de la OACI, Oficina Sudamerica, Apartado 4127, Lima 100. Senegal. ReprCsentant de I'OACI, Bureau Afrique occidentale et centrale, Bofte postale 2356, Dakar. Spain. Pilot's, Suministros Aeronauticos, S.A., C/Ulises, 5-Oficina Num. 2, 28043 Madrid. Thailand. ICAO Representative, Asia and Pacific Office, P.O. Box 614, Bangkok. United Kingdom. Civil Aviation Authority, Printing and Publications Services, Greville House, 37 Gratton Road, Cheltenham, Glos., GL50 2BN.

In expressing the wish "that there be named in the near future a special committee of experts entrusted with preparing the continuation of the work of the conference", the first international conference on private air law, meeting in Paris from 26 October to 6 November 1925, laid the foundation of the inter- national body which, for some twenty years, up till the end of the second world war, was entrusted with the international codification of private air law. It was in May 1926 that the Comite International Technique d'Experts Juridiques ACriens, more widely known under its abbreviated name of CITEJA, was created at Paris. From 1926 until 1947, date of its dissolution, CITEJA held sixteen sessions and drew up the draft conventions which were to become the Convention for the unification of certain rules relating to international carriage by air, signed at Warsaw on 12 October 1929 the Convention for the unification of certain rules relating to damage caused by aircraft to third parties on the surface, signed at Rome on 29 May 1933 the Convention for the unification of certain rules relating to the pre- cautionary attachment of aircraft, signed at Rome on 29 May 1933 the Additional Protocol to the Convention for the unification of certain rules relating to damage caused by aircraft to third parties on the surface, signed at Brussels on 29 September 1938 the Convention for the unification of certain rules relating to assistance and salvage of aircraft or by aircraft at sea, signed at Brussels on 29 September 1938, The International Civil Aviation Conference, held at Chicago from 1 November to 7 December 1944, recommended in a resolution appearing in its Final Act, "that the various governments represented at this International Civil Aviation Conference give consideration to the desirability of bringing about the resumption at the earliest possible date of the CITEJA sessions which were suspended because of the outbreak of war .. ." and "that consideration also be given by the various governments to the desirability of co-ordinating the activities

of CITEJA with those of the Provisional International Civil Aviation Organiz- ation and after it shall have come into existence, of the permanent International Civil Aviation Organization established pursuant to the Convention on Inter- national Civil Aviation drawn up at Chicago on December 7, 1944". As a result of this resolution, the CITEJA met in Paris and Cairo in 1946, but it was thought preferable to entrust the work of the CITEJA to a new inter- national body created within ICAO. In May 1947, at Montreal, the CITEJA held its last session and the ICAO Assembly First Session instituted a Legal Committee, with broader powers than those of the CITEJA, which was charged among other things, with resuming the work of the international codification of private air law. The same session of the Assembly likewise adopted a procedure for the approval of draft conventions. The Constitution of the Legal Committee was annexed to Resolution A1-46 and the procedure for the approval of draft conventions is the subject of Resolution AT-48. The Constitution of the Legal Committee and the procedure for the approval of draft conventions adopted in 1947 were revised at the Seventh Session of the Assembly, held at Brighton from 15 June to 6 July 1953. The new Constitution appears in Resolution A7-5 and the new procedure for the approval of draft conventions appears in Resolution A7-6. Since its institution in 1947, the Legal Committee has prepared drafts which led to the adoption of the following instruments Convention on the International Recognition of Rights in Aircraft, signed at Geneva on 19 June 1948 Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, signed at Rome on 7 October 1952 Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929, done at The Hzr.re on 28 September 1955 Convention, Supplementary to the Warsaw Convention, for the Vnifi- cation of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18 September 1961 Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963 ii

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