ICAO 7782-1975 Rules for the Settlement of Differences Second Edition Reprinted May 1996《差异解决规则 第2版 1996年5月重印》.pdf

1、Y8414lb 00888b5 328 W Doc 778212 RULES SETTLEMENT OF DIFFERENCES FOR THE Approved by the Council on 9 April 1957 and amended on 10 November 1975 Approved by the Council and published by its decision SECOND EDITION - 1975 INTERNATIONAL CIVIL AVIATION ORGANIZATION COPYRIGHT International Civil Aviatio

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9、censed by Information Handling ServicesRULES SETTLEMENT OF DIFFERENCES Approved by the Council on 9 April 1957 and amended on 10 November 19758 FOR THE CHAPTER I SCOPE OF RULES Article 1 (1) The Rules of Parts I and III shall govern the settlement of the following disagreements between Contracting S

10、tates which may be referred to the Council : (u) 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)

11、 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 II, Sec

12、tion 2 of the Transit Agreement; Article IV, Section 3 of the Transport Agreement). (2) The Rules of Parts II and III 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 Ag

13、reement deems to cause injustice or hardship to it (Article II, Section i), or regarding a similar action under the Transport Agreement (Articie IV, Section 2). i Part I CHAPTER II DISAGREEMENTS Article 2 Any Contracting State submitting a disagreement to the Council for settle- ment (hereinafter re

14、ferred to as “the applicant”) shall file an application to which shall be attached a memorial containing: * Amendment of Article 29 appmvd by the Council on 10 November 1975. , I 1 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling Services(a) The name of the applica

15、nt 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 communicati

16、ons 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; u) The relief desired by action of Council on the specific points sub- (g) A statement that negotiations to sett

17、le the disagreement had taken mitted; place between the parties but were not successful. CHAPTER III ACTION UPON RECEIPT OF APPLICATIONS 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

18、 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

19、; (c) Forward copies of the application and of the supporting docu- 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 fo

20、rwarded by the Secretary General to the other party or parties in the case. 2 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesArticZe 4 Counter-memorial (1) The counter-memorial shall contain: (a) The name of an agent authorized to act for the respondent i

21、n 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; (b) Answer to points raised in the applicants memorial under Article 2 (c) to (g); (c) Any additional facts an

22、d supporting data; (d) Statement of law. (2) In the counter-memorial there may be presented a counter-claim directly connected with the subject matter of the application provided it comes within the jurisdiction of the Council. The Council shall, after hearing the parties, direct whether or not the

23、question thus presented shall be joined to the original proceedings. Article 5 Preliminary objection and action thereon (1) If the respondent questions the jurisdiction of the Council to handle the matter presented by the applicant, he shall file a preliminary objection setting out the basis of the

24、objection. (2) Such preliminary objection shall be filed in a special pleading at the latest before the expiry of the time-limit set for delivery of the counter-memorial. (3) Upon a preliminary objection being filed, the proceedings on the merits shall be suspended and, with respect to the time-limi

25、t fixed under Article 3 (l)(c), time shall cease to run from the moment the preliminary objection is filed until the objection is decided by the Council. (4) If a preliminary objection has been filed, the Council, after hearing the parties, shall decide the question as a preliminary issue before any

26、 further steps are taken under these Rules. Article 6 Action of Council on procedure (1) Upon the filing of the counter-memorial by the respondent, the Council shall decide whether at this stage the parties should be invited to enter into direct negotiations as provided in Article 14. 3 COPYRIGHT In

27、ternational Civil Aviation OrganizationLicensed by Information Handling Services(2) If it is decided not to invite direct negotiations at this stage, without prejudice to a later invitation as provided in Article 14, the Council shall decide which procedure under these Rules is applicable. Unless th

28、e Council decides to undertake the preliminary examination of the matter itself, it shall appoint a Committee (hereinafter referred to as “the Committee”) of five individuals who shall be Representatives on the Council of Member States not concerned in the disagreement, and shall designate one of th

29、em as Chairman. (3) The decisions under (2), in cases where negotiations are invited, may be postponed until the parties have either refused to enter into negotiations or reported that the negotiations have.failed to solve the dispute. CHAPTER IV PROCEEDINGS Article 7 Written proceedings consist of:

30、 (1) The additional pleadings which may be filed by the parties shall - Reply to be filed by the applicant, - Rejoinder to be filed by the respondent. (2) The pleadings shall be filed with the Secretary General within time- (3) There shall be annexed to every pleading, copies or originals of all the

31、 relevant documents which the party filing the pleading may wish to have con- sidered. (4) After the filing of the last pleading, save in the case of the submission of written evidence pursuant to Article 9 or of observations in writing pursuant to Article 19 (S), no further documents may be submitt

32、ed by any party except with the consent of the other party or by permission of the Council granted after hearing the parties. limits fixed. Article 8 Investgatons by Council (1) The Council may at any time, but after hearing the parties, entrust any individual, body, bureau, commission, or other org

33、anization that it may select, with the task of carrying out an enquiry or giving an expert opinion. In such cases it shall define the subject of enquiry or expert opinion and prescribe the procedure to be followed. 4 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling

34、 Services(2) A report incorporating the results of the investigation, together with the record of the enquiry and any expert opinion, shall be submitted to the Council in such form, if any, as the Council may have prescribed, and shall be communi- cated to the parties. Article 9 Evidence If the part

35、ies should desire to produce evidence in addition to any evidence produced with the pleadings, such evidence, including testimony of witnesses and experts, shall be submitted in writing, within a time-limit fixed by the Council, but on special application the Council may agree to receive oral testi-

36、 mony. The Council may also request the parties to call witnesses or experts to give testimony before it at an oral hearing. Article 10 Declaration by witnesses and experts (1) The testimony of a witness shall be verified by the following declaration: “I solemnly declare upon my honour and conscienc

37、e that my testimony contains the truth, the whole truth and nothing but the truth.” (2) The statement of an expert shall be verified by the following declaration: “I solemnly declare upon my honour and conscience that my statement is in accordance with my sincere belief.” Article 11 Questions At the

38、 oral hearing, any Member of the Council not a party to the dispute may put questions, through the President, to the agents of the parties or to any counsel or advocate appearing for them. Such questions, if any, may be answered immediately or at a later date to be fixed by the Council. Article 12 A

39、rguments (1) Upon completion of the evidence, and after a reasonable period for preparation by the parties, they may present arguments to the Council within time-limits fixed by it. (2) The final arguments shall be in writing, but oral arguments may be I admitted at the discretion of the Council. 5

40、COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling Services48414Lb 0088872 5b8 D Article 13 Procedure before the Committee (1) If under Article 6 of the present Rules a Committee has been appointed, it shall, on behalf of the Council, receive and examine all document

41、s submitted in accordance with these Rules and, in its discretion, hear evidence or oral arguments, and generally deal with the case with a view to action being taken by the Council under Article 15. The procedures governing the examination of the case by the Committee shall be those prescribed for

42、the Council when it examines the matter itself. While the Committee has charge of the proceedings, the functions of the President of the Council under these Rules shall be exercised by the Chairman of the Committee. (2) Thereafter the Committee shall, without undue delay, present to the Council a re

43、port which shall be a part of the record of the proceedings. The report shall include a summary of the evidence and other matters on record and the findings of facts and the recommendations of the Committee. (3) The Council shall cause a copy of the report of the Committee to be delivered to each pa

44、rty in the case and each of the parties may, within a time- limit fixed by the Council, submit to the Council its written observations on the said report or, if permitted by the Council, its oral observations. (4) When considering the report of the Committee, the Council may make such further enquir

45、ies as it may think fit or obtain additional evidence. ArticEe 14 Negotiations during proceedings (1) The Council may, at any time during the proceedings and prior to the meeting at which the decision is rendered as provided in Article 15 (4), invite the parties to the dispute to engage in direct ne

46、gotiations, if the Council deems that the possibilities of settling the dispute or narrowing the issues through nego- tiations have not been exhausted. (2) If the parties accept the invitation to negotiate, the Council may set a time-limit for the completion of such negotiations, during which other

47、proceedings on the merits shall be suspended. (3) Subject to the consent of the parties concerned, the Council may render any assistance likely to further the negotiations, including the designation of an individual or a group of individuais to act as conciliator during the ne- gotiations. (4) Any s

48、olution agreed through negotiations shall be recorded by Council. If no solution is found the parties shall so report to Council and the suspended proceedings shall be resumed. 6 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling Services484L4Lb 0088873 LIT4 Article

49、15 Decision Committee, as the case may be, the Council shall render its decision. (1) After hearing arguments, or after consideration of the report of the (2) The decision of the Council shall be in writing and shall contain: the date on which it is delivered; a list of the Members of the Council participating; the names of the parties and of their agents; a summary of the proceedings; the conclusions of the Council together with its reasons for reaching its decision, if any, in regard to costs; a statement of the voting in Council showing whether the con- clusions were unanim