Doc 7782. Издание 1. Rules for the Settlement of Differences

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Doc 7782. Издание 1

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Rules for the Settlement of Differences

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Doc 7782 .Approved by the Council on 9 -4pril1957 L . Approved by, and issued by authority of the Council 1959 INTERNATIONA4L CIVIL -4VIATION ORG.4XIZ-\TIOX I RULES FOR THE SETTLE31 EYT OF DIFFERENCES - d 1

Published in scparatt Endish. Fd and Spanish ,ditionr by the International Civil Aviatiqn Organize- tion. All correspondence. uocpt Orden and subscrporu. should be addred to the Secretary General of ICAO. Inrcrnational Aviation Building, I080 University Strest. Montreal Canada. Order for this publication should be sent to onc of the following addresses. together with the appropriate rcrnlrtancc by bank dnft or post office momy order in the currency of the country in which thc ordcr is pbccd or in a frdy conyercible currency Fmm Repktant de I'OACI, Bureau Argenlina Editorial Sudarncricana S.A., Caltc Europe-Afrique, 6Obh, avenue d'li. Paris, Alsina 500, Buenos Aires. Xvle. Pm Repmcntante de la OACI, Oficina Sudamtrica, Apartado 4127, Lima. Thailand iCAO Rcprtscntativt. Far East and Pacific Offiq P.O. Sox 614, Bangkok. United Arab ReplMlc ICAO Reprrsentative. Middle East Office, 16 Hassan Sabri, Zamakk, Cairo. Australin Robertson and Mullens, 107 Eli- beth Street, Melbourne, C. . India Oxford Book Stationery Co.. Scindia House, New Dtlhi or i7 Park Streel, Calculta. Mexico Editorial Hermes S.A., .gnacio Mariscal 41, Mixico 4, D.F. United Kingdom Her Majesty's Stalionery Office, P.O. Box 569, London, S.E. I. latenmdaal ad Aviath Chgadmtiw Attention Distribution OfIicer, Intenrational Aviation Building, 1080 Uniwrsity Street, Montreal Canada. Do you subscribe to the ICAO BULLETIN The ICAO Bulletin contains a concise account of the activities of the Organization as well as articles of interest to the aeronautical world. It enables you to keep your ICAO publications up todate. Amendments, supplements and corrigenda to ICAO salable publications are regularly announced in the Bulletin. Amilablc la three npurte editions Enplleh, French and Spdah. Sump- tion s2.n indi per ycu.

RULES FOR TlTE SErI'TLEII.IEST OF DIFFEREXCES ..ipproved by the Council on 9 April 1957 Article I Ili The Rules of Parts I and III shall govern the settlement of the folloning disagreements between Contracting States ii-hich-may be referred to the Council a An' clisagreement 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 j h .An- disagreement betliveen tn-o or more Contracting States relating to the interpretation or application of the International ,Air Services Transit -Agreement and of the International Air Transport -4greement hereinafter respectivel called "Transit \greement" and "Trailsport .Agreement" .Article I I, Section 2 of the Transir -Agreement IrticIe Ilr, Section 3 of the Transport Agreement. 2 The Rules of Parts I1 and I11 shall govern the consideration oi any complaint regarding an action taken by a State party to the Transit Agreement and under that Agreement, which another State part- 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 irticle I\-', Section 2. Part I Article 2 Any Contracting State submitting a disagreement to the Council for settle- ment hereinafter referred to as "the applicant" slall file an application to which shall be attached a memorial containing

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 respondent" b The name of an 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 e 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 successfuI.- Article 3 Action by Secretary General 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 appIicant to supply any deficiencies appearing therein b Immediately thereafter notify all parties to the instrument the interpretation 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 docu- men tation 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 docunlents -submitted by a party to the Council shall similarly be forwarded by the Secretar. General to the other party or parties in the case.

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