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29 THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944 Chap. II The States which sign and accept this International Air Services Transit Agreement,




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CHAPTER IITHE INTERNATIONAL AIR SERVICESTRANSIT AGREEMENT, 19442728[Intentionally left blank]29THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944Chap. IIThe States which sign and accept thisInternational Air Services Transit Agreement,being members of the International CivilAviation Organization, declare as follows :Article ISection 1Each Contracting State grants to the othercontracting States the following freedoms ofthe air in respect of scheduled international airservices :(1) The privilege to fly across its territorywithout landing;(2) The privilege to land for privileges of this section shall not beapplicable with respect to airports utilized formilitary purposes to the exclusion of anyscheduled international air services. In areasof active hostilities or of military occupation,and in time of war along the supply routesleading to such areas, the exercise of suchprivileges shall be subject to the approval ofthe competent military 2The exercise of the foregoing privilegesshall be in accordance with the provisions ofthe Interim Agreement on International CivilAviation and, when it comes into force, withthe provisions of the Convention onInternational Civil Aviation, both drawn up atChicago on December 7, 3A Contracting State granting to the airlinesof another Contracting State the privilege tostop for non-traffic purposes may require suchairlines to offer reasonable commercial serviceat the points at which such stops are requirement shall not involve anydiscrimination between airlines operating onthe same route, shall take into account thecapacity of the aircraft, and shall be exercisedin such a manner as not to prejudice the normaloperations of the international air servicesconcerned or the rights and obligations of aContracting 4Each Contracting State may, subject to theprovisions of this Agreement,(1) designate the route to be followed withinits territory by any international airservice and the airports which any suchservice may use;(2) impose or permit to be imposed on anysuch service just and reasonable chargesfor the use of such airports and otherfacilities; these charges shall not behigher than would be paid for the use ofsuch airports and facilities by its nationalaircraft engaged in similar internationalservices provided that, upon represen-CHAPTER IITHE INTERNATIONAL AIR SERVICESTRANSIT AGREEMENT*SIGNED AT CHICAGO ON 7TH DECEMBER, 1944*The Final Act of the International Civil Aviation Conference (Chicago, 1944) includes, inter alia, the International AirServices Transit Agreement by which non-traffic rights for scheduled services are exchanged on 30 June, 2002, 118 contracting States are parties to this ratified it on 2 May, 194530Chap. IITHE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944tation by an interested Contracting State,the charges imposed for the use ofairports and other facilities shall besubject to review by the Council of theInternational Civil AviationOrganization established under theabove mentioned Convention, whichshall report and make recommendationsthereon for the consideration of the Stateor States 5Each Contracting State reserves the right towithhold or revoke a certificate or permit to anair transport enterprise of another State in anycase where it is not satisfied that substantialownership and effective control are vested innationals of a Contracting State, or in case offailure of such air transport enterprise to complywith the laws of the State over which it operates,or to perform its obligations under IISection 1A Contracting State which deems that actionby another Contracting State under thisAgreement is causing injustice or hardship toit, may request the Council to examine thesituation. The Council shall thereupon inquireinto the matter, and shall call the Statesconcerned into consultation. Should suchconsultation fail to resolve the difficulty, theCouncil may make appropriate findings andrecommendations to the Contracting Statesconcerned. If thereafter a Contracting Stateconcerned shall in the opinion of the Councilunreasonably fail to take suitable correctiveaction, the Council may recommend to theAssembly of the above-mentioned Organizationthat such Contracting State be suspended fromits rights and privileges under this Agreementuntil such action has been taken. The Assemblyby a two-thirds vote may so suspend suchContracting State for such period of time as itmay deem proper or until the Council shallfind that corrective action has been taken bysuch 2If any disagreement between two or moreContracting States relating to the interpretationor application of this Agreement cannot besettled by negotiation, the provisions of ChapterXVIII of the above-mentioned Convention shallbe applicable in the same manner as providedtherein with reference to any disagreementrelating to the interpretation or application ofthe above-mentioned IIIThis Agreement shall remain in force aslong as the above-mentioned Convention;provided, however, that any Contracting State,a party to the present Agreement, may denounceit on one year's notice given by it to theGovernment of the United States of America,which shall at once inform all other contractingStates of such notice and IVPending the coming into force of the abovementioned Convention, all references to itherein, other than those contained in Article II,Section 2, and Article V, shall be deemed to bereferences to the Interim Agreement onInternational Civil Aviation drawn up atChicago on December 7, 1944; and referencesto the International Civil Aviation Organization,the Assembly, and the Council shall be deemedto be references to the Provisional InternationalCivil Aviation Organization, the InterimAssembly, and Interim Council VFor the purposes of this Agreement"territory" shall be defined as in Article 2 ofthe above-mentioned VIThe undersigned delegates to theInternational Civil Aviation Conference,convened in Chicago on November 1, 1944,have affixed their signatures to this Agreementwith the understanding that the Government of31the United States of America shall be informedat the earliest possible date by each of thegovernments on whose behalf the Agreementhas been signed whether signature on its behalfshall constitute an acceptance of the Agreementby that government and an obligation bindingupon State a member of the InternationalCivil Aviation Organization may accept thepresent Agreement as an obligation bindingupon it by notification of its acceptance to theGovernment of the United States, and suchacceptance shall become effective upon thedate of the receipt of such notification by Agreement shall come into force asbetween Contracting States upon its acceptanceby each of them. Thereafter it shall becomebinding as to each other State indicating itsacceptance to the Government of the UnitedStates on the date of the receipt of theacceptance by that Government. TheGovernment of the United States shall informall signatory and accepting States of the dateof all acceptances of the Agreement, and of thedate on which it comes into force for eachaccepting WITNESS WHEREOF, the undersigned havingbeen duly authorized, sign this agreement onbehalf of their respective governments on thedates appearing opposite their at Chicago the seventh day ofDecember, 1944, in the English language. Atext drawn up in the English, French andSpanish languages, each of which shall be ofequal authenticity,* shall be opened forsignature at Washington, Both texts shallbe deposited in the archives of the Governmentof the United States of America, and certifiedcopies shall be transmitted by that Governmentto the governments of all the States which maysign or accept this Agreement.*The Arrangement was signed in English at the International Civil Aviation Conference which took place at Chicagofrom 1 November to 7 December, 1944. No trilingual text has been opened for signature provided for in the INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944Chap. II

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