ICAO 9644-1994 Report of the World Wide Air Transport Conference on International Air Transport Regulation Present and Future Montreal 23 November - 6 December 1994《关于国际航空运输规制的全世界航.pdf

1、484L4Lb 00b3bLb 514 Doc 9644 AT Confl4 REPORT OF THE WORLD WIDE AIR TRANSPORT CONFERENCE ON INTERNATIONAL AIR TRANSPORT REGULATION: PRESENT AND FUTURE Montreal, 23 November - 6 December 1994 Approved by the Conference and published by authority of the Secretary General INTERNATIONAL CIVIL AVIATION O

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11、cense with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-LETTER OF TRANSMITAL To : President of the Council From: Chairman, World-wide Air Transport Conference I have the honour to submit the Report on the work of the World-wide Air Transport Conference, held

12、 at ICAO Headquarters in Montreal from 23 November to 6 December 1994. Vijay Poonoosamy Chairman, World-wide Air Transport Conference Montreal, 6 December 1994 Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permi

13、tted without license from IHS-,-,-TABLE OF CONTENTS Letter of Transmittal (i Table of Contents . (iii) Introduction 1 Agenda Item 1: Present Regulation 7 Agenda Item 2.1: Future Regulatory Content - Objectives 10 Agenda Item 2.2: Future Regulatory Content - Market access Agenda Item 2.3: Future Regu

14、latory Content - Air carrier ownership and control Agenda Item 2.4: Future Regulatory Content - Safeguards 13 Agenda Item 2.5: Future Regulatory Content - Structural impediments 26 Agenda Item 2.6: Future Regulatory Content - The broader regulatory environment 30 Agenda Item 2.7: Future Regulatory C

15、ontent - “Doing Business” matters . Agenda Item 3: Future Regulatory Process And Structure . 51 Agenda Item 4: Summation 56 Appendix 1 List of Participants . 61 Appendix 2 List of Working Papers 91 13 21 40 (iii) Copyright International Civil Aviation Organization Provided by IHS under license with

16、ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ICA0 b44*AT*CONF 14 * 484l14Lb 0063620 T45 Introduction 1 INTRODUCTION Site and Duration of the Conference 1. The World-wide Air Transport Conference on “International Air Transport Regulation: Present and Future“

17、 (AT Conf/4) was convened in the Assembly Hall of the Headquarters of the International Civil Aviation Organization in Montreal on 23 November 1994. Dr. Assad Kotaite, President of the Council, opened the Conference, which was also addressed by Mr. Jim Weber, Chairman of the Air Transport Committee.

18、 The Conference completed its work on 6 December 1994. Agenda, Structure and Rules of Procedure 2. and presented in AT Conf/4-WP/ 1 : The Conference adopted the following Agenda which had been approved by the Council 1. international air transport regulation, including processes, structures and cont

19、ent. PRESENT REGULATION. A brief overview of national, bilateral, and multilateral 2. FUTURE REGULATORY CONTENT. Exploration of 2.1 2.2 2.3 2.4 2.5 2.6 Objectives: The basic goals of States against which possible new regulatory arrangements for the future can be evaluated. Market access: Route right

20、s (e.g. points of origin, intermediate stop, destination, beyond points); traffic rights (e.g. for Fifth Freedom and “Sixth Freedom“ traffic, connecting/stopover traffic, cabotage); operational rights (air carrier designation and aircraft use, e.g. dry and wet leases, blocked space, code sharing, ch

21、ange of gauge, intermodal). Air carrier ownership and control: Ownership and control criteria for licensing of foreign designated air carriers and their possible elimination, replacement or modification; implications of privatization; inward (foreign) investment in national air carriers and the righ

22、t of establishment; nationality of aircraft. Safeguards: Need, nature and purposes (price/capacity/other); elements, forms and specific kinds (including dispute resolution mechanisms); participation of developing countries. Structural impediments: Subsidies and other State aids; physical restraints

23、on access (slot allocation). The broader regulatory environment: The need to relate air transport regulation to competition laws (including impacts on tariff Co-ordination/interlining); environmental laws; taxes on air traffic; trade agreements and arrangements. Copyright International Civil Aviatio

24、n Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ICAO b44*AT*CONF /4 tX m 4843436 0063623 9/31 m 2 Introduction 2.7 “Doing Business” matters: Air carrier ground handling arrangements at airports; currency convers

25、ion and remittance of earnings; non-national personnel; and the sale, marketing and distribution of air service products including distribution through computer reservation systems. 3. FUTURE REGULATORY PROCESS AND STRUCTURE: The ways States can interact and the kinds of agreements they can reach bi

26、laterally, especially between a State and a group of States (or between two groups of States) and in their ongoing quest for multilateralism in the global regulation of commercial air transport services. 4. SUMMATION: Consolidation of conclusions and development of recommendations on further actions

27、 by ICAO and/or by States. 3. The Conference met as a single body and held 10 meetings. Formal consideration of the Agenda was preceded on 23 November by a Seminar aimed at elaboration and clarification of the topics and related proposals to be considered under Agenda Item 2 in an informal setting.

28、4. The rules of procedure were the Standing Rules of Procedure for Meetings in the Air Transport Field (Doc 8683-AT/721). Rule 26, which calls for the preparation of summary minutes, had been suspended by the Council. Attendance 5. Algeria Angola Argentina Australia Austria Azerbaijan Bahrain Bangla

29、desh Barbados Belgium Benin Bolivia Botswana Brazil Bulgaria Burkina Faso Burundi Cte dIvoire Cambodia Cameroon Canada Chad Chile The following 137 contracting States of ICAO were represented at the Conference: China Colombia Comoros Congo Costa Rica Cuba Cyprus Czech Republic Democratic Peoples Rep

30、ublic of Korea Denmark Dominican Republic Ecuador Eritrea Estonia Ethiopia Fiji Finland France Gabon Georgia Germany Egypt Ghana Greece Guatcmala Guinea Guinea-Bissau Haiti Honduras Hungary Iceland India Indonesia Iran, Islamic Republic of Iraq Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Ke

31、nya Kuwait Kyrgyzstan Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-ICA0 9644*AT*CONF /4 *X 484L4Lb 0063622 BLB Introduction 3 Latvia Lebanon Lesotho Libyan Arab Jamahiriya

32、 Lithuania Luxembourg Madagascar Malaysia Maldives Mali Malta Mauritania Mauritius Mexico Monaco Mongolia Morocco Namibia Netherlands, Kingdom of the New Zealand Nicaragua Niger Nigeria Norway Oman Pakistan Panama Peru Philippines Poland Portugal Republic of Korea Republic of Moldova Romania Russian

33、 Federation Rwanda Saint Vincent and the Grenadines Saudi Arabia Senegal Seychelles Singapore Slovakia South Africa Spain Sri Lanka Sudan Sweden Switzerland Thailand The Former Yugoslav Republic of Macedonia Togo Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirat

34、es United Kingdom United Republic of Tanzania United States Uruguay Venezuela Viet Nam Yemen Zaire Zambia Zimbabwe 6. The following 28 Observer Delegations attended the Conference: African Civil Aviation Commission (AFCAC) Agency for the Security of Aerial Navigation in Africa and Madagascar (ASECNA

35、) Airports Council International (ACI) Asian Development Bank Caribbean Community (CARICOM) Cartagena Agreement Economic Commission for Africa (ECA) European Civil Aviation Conference (ECAC) European Community (EC) Fdration Aronautique Internationale (FAI) General Agreement of Tariffs and Trade (GAT

36、T) Holy See (the) Institut du Transport Arien (ITA) International Air Carrier Association (IACA) International Air Transport Association (IATA) International Business Aviation Council (IBAC) International Chamber of Commerce (ICC) International Federation of Air Line Pilots Associations (IFALPA) Int

37、ernational Law Association (ILA) International Organization of Consumers Unions (IOCU) International Transport Workers Federation (ITF) Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license fro

38、m IHS-,-,-ICA0 b44*AT*CONF /4 * m 464L4Lb 00b3b23 754 m 4 Introduction Interstate Aviation Committee of the Commonwealth of Independent States Latin American Association of Air and Space Law Organization for Economic Co-operation and Development (OECD) Palestine Southern African Development Communit

39、y (SADC) World Tourism Organization (WTO) World Travel this material both complemented and supplemented another basic reference document for the Conference, Policy and Guidance Material on the Regulation of International Air Transport (Doc 9587), a compendium of conclusions, decisions and guidance b

40、y ICAO. Further information on the economic situation of air transport was available in The Wrld of Civil Aviation, 1993-1996 (Circular 250-AT/102). Japan (WP/4 1) expressed certain concerns regarding the possible adverse effects of regulatory liberalization and suggested that a study be carefully c

41、onducted of the effects of liberalization. Vietnam (WP/70-information paper) provided an overview of its regulatory policies in international air transport. European Civil Aviation Conference (ECAC) (WP/44) called upon additional States to become parties to the International Air Services Transit Agr

42、eement (IASTA) and also provided information (WP/45-information paper) on ECACs role and work in a changing environment. Airports Council International (ACI) (WP/73) drew attention to the increasing role played by airports in air transport development and the wider economic benefits air transport se

43、rvices provided to communities and regions, and outlined its positions on various topics to be addressed by the Conference under other agenda items. International Air Transport Association (IATA) (WP/42) welcomed regulatory liberalization but emphasized the need for harmonization of regulations to a

44、void conflict and enable smooth transition. IATA also gave an overview of its positions on various topics to be addressed by the Conference. 1 .2. Discussion 1.2.1 At the outset of its work, the Conference recognized that the principles espoused in the Chicago Convention of sovereignty, non-discrimi

45、nation, interdependence, harmonization and co-operation at the global level, had served air transport well and were not at issue. In particular, the legal regulatory framework encompassed by Articles 1 (sovereignty), 5 (right of non-scheduled flights), 6 (scheduled air services), 7 (cabotage), 15 (a

46、irport and similar charges) and 96 (definitions) of the Convention remained valid and could also accommodate changes in regulatory arrangements, structures and procedures. Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or netw

47、orking permitted without license from IHS-,-,- ICAO 764Li*AT*CONF /Li * W 484141b 00b3b27 3TT 8 1.2.2 In reviewing present regulation, a number of delegates addressed the value and benefits of the widespread bilateral structure of regulation of international air transport, which had flowed from the

48、Chicago Convention and which they considered to be necessary to ensure world-wide participation in international air transport, especially for air carriers of developing countries. Report on Agenda Item 1 - 1.2.3 There was broad support for the concerns expressed by Japan in WP/41 that present exper

49、ience of liberalization had shown disbenefits as well as benefits and that, according to perspective, the former might well outweigh the latter. While many delegates indicated that they had no objection to regulatory change, liberalization, or increased competition in international air transport, they shared concerns as to the possible adverse consequences of unrestricted competition and t