Doc 7669. Издание 5. Legal Committee. Constitution – Procedure for Approval of Draft Conventions – Rules of Procedure

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Doc 7669. Издание 5

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LEGAL COMMITTEE CONSTITUTION PROCEDURE FOR APPROVAL OF DRAFT CONVENTIONS RULES OF PROCEDURE Approved by the Legal Committee and published by authority of the Secretary General FIFTH EDITION - 1998 INTERNATIONAL CIVIL AVIATION ORGANIZATION

Published in separate English, Arabic, French, Russian and Spanish editions by the Intenrational Civil Aviation Orgunization. All correspondence, except orders and subscrtions, should be addressed to the Secretary General. Orders for this publication should be sent to one of the following addresses, together with the appropriate remittance by bank draft, cheque or money order in U.S. dollars or the currency of the country in which the order is placed. Document Sales Unit Telephone 5 14 954-8022 International Civil Aviation Organization Telex 05-245 13 999 University Street Facsimile 5 14 954-6769 Montreal, Quebec Sitatex YULCAYA Canada B3C 5H7 Internet sales-unit9icao.int Credit card orders American Express, Mastercard and Visa are accepted at the above address. Egypt. TCAO Representative, Middle East Office, Egyptian Civil Aviation Complex, Cairo Airport Road, Heliopolis, Cairo 11776 Telephone 20 2 267-4840 Facsimile 20 2 267-4843 Sitatex CAICAYA France. Rwsentant de I'OACI, Bureau Europe et Adantique Nord. 3 bis, villa emileererat, 92522 Neuilly-sur-Seine Cedex Telbphone 33 1 46 41 85 85 Tblkopieur 33 1 46 41 85 00 Sitatex PAREUYA India. Oxford Book and Stationery Co., Scindia House, New Delhi 110001 or 17 Park Street, Calcutta 700016 Telephone 91 1 1 331-58 Facsimile 91 1 1 332-2639 Japan. Japan Civil Aviation Promotion Foundation, 15-1 2, I -chome, Toranomon, Minato-Ku, Tokyo Telephone 81 3 3503-2686 Facsimile 81 3 '3503-2689 Kenya. ICAO Representative, Eastem and Southern African Office, Uuited Nations Accommodation, P.O. Box 46294, Nairobi Telephone 254-2 622-395 Facsimile 254 2 226-706 Sitatex NBOCAYA Mexico. Representante de la OACI, Ofrcina Norteamica, Centrodrica y Caribe, Masaryk No. 29-3er. piso, Col. Chapultepec Morales, Mexico, D.F., 11570 Telefono 52 5 250-321 1 Facsimile 52 5 203-2757 Sitatex MEXCAYA Peru. Representante de la OACI, Oficina Sudadrica, Apartado 4127. Lima 100 Telfono 51 14 302260 Facsimile 51 14 640393 Sitatex LIMCAYA Senegal. Repntant de I'OACI, Bureau Afrique occidentale et centrale, Bok postale 2356, Dakar Tklephone 221 8-23-47-86 Telkopieur 221 8-23-69-26 Sitatex DKRCAYA South Africa. Avex Air Training Pty Ltd., Private Bag XI02, Halfway House, 1685, Republic of South Africa Telephone 27-1 1 315-000314 Facsimile 27-1 1 805-3649 Internet avexiafrica.com Spain. A.E.N.A. - Aeropuertos Espafioles y Navegacib Ah, Calle Juan Ignacio Luca de Tena, 14, Planta Tercera, Despacho 3. 1 1, 28027 Madrid Telefono 34 1 321-3148 Facsimile 34 1 321-3157 Internet sscc.jcsoriaaena.es Thailand. ICAO Representative, Asia and Pacific Office, P.O. Box 11, Samyaek Ladprao, Bangkok 10901 Telephone 66 2 537-8189 Facsimile 66 2 537-8199 Sitatex BKKCAYA United Kingdom. Westward Digital Limited, 37 Windsor Street, Cheltenham, Glos., GL52 2DG Telephone 44 1242 235-151 Facsimile 44 1242 584-139 lVgg

HISTORICAL NOTE 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 international 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 Cornit6 International Technique d' Experts Juridiques AEriens, 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 precautionary 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 Organization and after it shall have come into existence, of the permanent International Civil Aviation Organization established pursuant to the Convention on International 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 international 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 Al-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 Internationai Carriage by Air Signed at Warsaw on 12 October 1929, done at The Hague on 28 September 1955 Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18 September 196 1

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