ICAO 8900-1977 Repertory - Guide to the Convention on International Civil Aviation Second Edition《目录 《国际民用航空公约》指南 第2版》.pdf

1、Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-Published in separate English, French and Spanish editions by the International Civil Aviation Organization. All correspondence,

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12、se with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-Doc 8900/2 REPERTORY - GUIDE to the Convention on I International Civil Aviation Second Edition-1977 Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleN

13、o reproduction or networking permitted without license from IHS-,-AMENDMENTS The issue of amendments is announced regularly in the ZCAO Journal and in the monthly Supplements io the Catalogue of ICAO Publications and Audio-visual Training Aids, which holders of this publication should consult. These

14、 amendments are available free bpon request. No. Entered by Date No. Entered by Date I I I I (ii) Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-FOREWORD The Repertory-Guide t

15、o the Convention on International Civil Aviation was issued for the first time in 1971 and took into account all decisions of substance taken by the Assembly and the Council, from the inception of the International Civil Aviation Organization until 31 December 1969, involving articles of the Convent

16、ion. About six years have passed since the First Edition was published. The present edition brings up to date the Repertory-Guide and takes into consideration all the pertinent decisions taken by the end of the 88th Session of the Council which concluded on 30 June 1976. The aim and scope, the metho

17、d of presentation and treatment, and particularly the limitations governing the compilation, are explained in the Explanatory Note appearing in the following pages. Yves Lambert Secretary General Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for Resal

18、eNo reproduction or networking permitted without license from IHS-,-Aim and scope Although a proposal had been made by the Secretary General as early as the Twelfth Session of the Assembly (1959) to produce what was then called a to the Convention on International Civil Aviation, the scheme was modi

19、fied over the years following 1959 - in view of the expense involved and the lack of any real need for such 8x1 exhaustive treatment as a full Repertory of Practice would entail - until it came to be established by a decision taken by the Council on 14 December 196b(1) that the Secretary General sho

20、uld “compile and keep up to date a Repertory-Guide on ICAO practice in regard to articles of the Convention on which action had been taken“. This decision was taken on the proposal of the Representative of fiance on the Council of ICAO, who had emphasized while explaining his proposal that “the obje

21、ct was to produce a document that would enable national administrations, airlines, researchers, Council Representatives and any others who were interested to find out readily how such and such Article had been applied“. tt Repertory of Practice“ of the Assembly, the Council and other organs in relat

22、ion The action taken by the Council was brought to the attention of the next Assembly (15th Session.), which endorsed the report of its Legal C mission in which the latter had “noted with approval the information paper(2? presented by the Council“. In this paper, the Council had stated: “5. . . . Th

23、e work Ef preparing the Repertory-Guide7 would consist of recording the decisions taken by the Assembly, the Czuncil or subordinate bodies, without the explanations, comments and philosophy underlying those decisions, such as a full Repertory would contain, but containing such additional explanatory

24、 statements as may be required to facilitate understanding of a given decision . . .“ Presentation and treatment In consonance with the aim and scope described above, the material for the Repertory-Guide presented in the following pages is arranged under the various articles of the Convention, the p

25、rinciple observed being that each article is treated by itself, but necessary references to connected articles are provided, unless it was found absolutely essential to treat more than one article together, which has been done in a very few cases. (2) A15-WP/22 LE13 (“Proposed Repertory of Practice

26、of the Assembly, the Council and Other Organs in Relation to the Convention on International Civil Aviation“ ). (iii) Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-1 iv) Repe

27、rtory-Guide The policy-making decisions of substance involving articles of the Convention are mainly contained in the resolutions adopted by the Assembly at its various sessions (from the First to the Twenty-first as at the date of publication of this Guide). Thus, in general, the commentary under a

28、n article normally starts, after introductory comments where necessary, with the reproduction of a pertinent earliest Assembly resolution on the subject treated by the article in question. After exhausting all the Assembly resolutions that may be relevant, the next heading treats the decisions taken

29、 by the Council which throw light on the Assembly resolutions concerned, tbe expl (b) Whether language taken from, or closely akin to that of, a pro-rYsion of ( c ) Whether a provision of the Convention has been invoked in proceedings the Convention. has been used in a decision; leading to a decisio

30、n; ., (a) Whether there is a clear implication that a decision is directly related to a provis5on of the Convention. While all the decisions included in the Repertory-Guide meet one or another of the above criteria, the said Guide does not include all decisions which meet them. Many such decisions a

31、re of a repetitive or routine character, in certain instances of which oaly illustrative examples are given. Nor does the Repertory-Guide include decisions which merely implement a general programme laid dawn in a prior Assembly resolution. In some cases, material is arranged under headings. However

32、, inclusion of a decision under a particular heading or a particular article or part of an article of the Conventi,on does not. carry an implication of lack of relevance to the Convention in Doc 8528, 15-/6 (resolutions adopted during the 15th Session); Doc 8779, 16-m (resolutions adoDted during the

33、 16th Session); DOC 8895, A17-RE3 (resolutions adopted during the 17th Session (Extraordinary), Montreal); Doc 8931, 17- p/7 (resolutions adopted during the 17th Session (Extraordina;ry), New Yo Doc 8958, A18-m (resolutions adopted during the 18th Session); Doc 9c61, Alg-Res. Min, (resolutions adopt

34、ed during the 19th Session (Extrmrdinay); Doc 9087, arJ, :hit effective aessuree be taken for the coordination oz“ civil and nilitarJ air traffic, to suggest Such 3easures if posSiSle, and to rsport frm time to tine on progress trade and difficulties encountered; (b) recognized the continuing need f

35、or States to teke action in terns of .besolution riltCl9, implementation of w!lich has not been particularly satisfactory to date; (c) decided to inform the Assembly of the action the Secretary Genera1 had been requested to take; (a) noted that the Szcretary General would report the action taken to

36、the International Air Transport bsociation, .vt.lich in Cctober 1958 had adouted 8 resohtion asking Riatea and ICAO to take every aailable means to provide a syetem or system af positive ai- space control over national territory and wer the hig!1 seas, w!lich vould emure that both military aad civil

37、 aviation could perfom their tasks under a single air traffic cantml authority in t!le lrespective air trafffc control areas. Reference: Doc 8027-C/920, Action of Council, 37th S., p. 18 Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo repro

38、duction or networking permitted without license from IHS-,-Article 4 Misuse of civil aciution inconsistent with the aims of this Convention. Each contracting State agree3 not to use civil aviation for any purpose This Article has not been the subject of, nor involved In, a decision taken either by t

39、he Assembly or the Council. Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-Part I Chapter 11 Article 5 - 1 CHAPTER II FLIGHT OVER TERRITORY OF CONTRACTING STATES Article 5 Rig

40、ht of non-schcduld flight Each contracting State +pes that al! aircraft of the other contracting States, being aircraft not cngaqed in scheduled international air services shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop acr

41、ass its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the State flown over to require landing. Each con- tracting State nevertheless rcservts the right, for reasons of safety of flight, to require aircraft desiri

42、ng to proccccl over rcsiuns which are inacrcs4de or titllottt adcquate air navigation facilities to follnw prccr rilxd rorltrs. or to obtain special permission for such flights. Such aircraft, if engaged in the carriage of passengers, cargo, or mail for rcnrneration or hire on other than scheduled i

43、nternational air serviccs, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passcngers,cargo,or mai1,subject to the richt of any State where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may con

44、sider desirable. Introductory Comment: At the request of the Assembly (see Item I A) (1) and (2) below) the Council has developed a definition of “scheduled international air service“ for use by States, as needed, with respect to the application of both Articles 5 and 6 (see Doc 7278-C/841 - May 195

45、2). Con- tracting States were also requested by the Assembly to file copies of their regulations In this field with ICAO. In 1952 the Secreteriat analysed these regulations and submitted the conclusions to the Seventh Session of the Assembly (see M-WP/lO). The Secretariat keeps these regulations und

46、er rwieu and informs the President of the Council when they appear not to be in conformity with Article 5. I. Distinction between Scheduled and Non-scheduled International Air Service A) Decisions taken by the Assembly (Obs.) (1) Resolution A1-39: Distinction between Scheduled and Non-scheduled Oper

47、ations in International Civil Air Transport . . . . . . . WHEREAS Article 5 of the said Convention provides, in effect, that aircraft not engaged in scheduled international air services: Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo repro

48、duction or networking permitted without license from IHS-,-2 - Article 5 xepertory-Guide - - _ (a) may make flinhts into or in transit non-stop across the territory of a Contracting State and make stops for non- traffic purposes subject to certain safety requirements; (b) if engaged in the carriage

49、of passengers, cargo or mail for remuneration or reward, shall also have the privilege of taking on or discharging passengers, cargo or mail, subject to the right of any State where such embarkation or discharge takes place to Impose such regulations, conditions or limita- tions as it map consider desirable; and SOW THEREFORE BE IT RESOLVED: 1. That JCAO continue studies with the