1、LEGAL COMMITTEE CONSTITUTION PROCEDURE FOR APPROVAL OF DRAFT CONVENTIONS RULES OF PROCEDURE Approved by the Legal Committee and published by authority of the Secretary General FIFTH EDITION - 1998 INTERNATIONAL CIVIL AVIATION ORGANIZATION COPYRIGHT International Civil Aviation OrganizationLicensed b
2、y Information Handling ServicesSTD-ICA0 7bbS-ENGL 1998 6 Y84141b 0102414 442 m Published in separate English, Arabic, French, Russian an Spanish editions by the Intemional Civil Aviation Organization. AU correspondence, except orders and subscriptions, should be addressed to the Secretary General. O
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12、 Digital Limited, am3 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesSTD ICA0 7bbS-ENGL HISTORICAL NOTE In expressing the wish “that there be named in the near future a special committee of experts entrusted with preparing the continuation of the work of
13、the conference”, the first intemational conference on private air law, meeting in Paris from 26 October to 6 November 1925, laid the foundation of the international body which, for some twenty years, up till the end of the second world war, was entrusted with the international codification of privat
14、e air law. It was in May 1926 that the Comit International Technique dExperts Juridiques Ariens, mure widely known under its abbreviated name of CITEJA, was created at Paris. From 1926 until 1947, date of its dissolution, CITEJA held sixteen sessions and drew up the draft conventions which were to b
15、ecome: the Convention for the unification of certain rules relating to international carriage by air, signed at Warsaw on 12 October 1929; the Convention for the unification of certain rules relating to damage caused by aircraft to third parties on the surface, signed at Rome on 29 May 1933; the Con
16、vention for the unification of certain rules relating to the precautionary attachment of aircraft, signed at Rome on 29 May 1933; the Additional Protocol to the Convention for the unification of certain rules relating to damage caused by aircraft to third parties on the surface, signed at Brussels o
17、n 29 September 1938; the Convention for the unification of certain rules relating to assistance and salvage of aircraft or by aircraft at sea, signed at Brussels on 29 September 1938. The Intemational Civil Aviation Conference, held at Chicago from 1 November to 7 December 1944, recommended in a res
18、olution appearing in its Final Act, “that the vanous governments represented at this International Civil Aviation Conference give consideration to the desirability of bringing about the resumption at the earliest possible date of the CITEJA sessions which were suspended because of the outbreak of wa
19、r .” and “that consideration also be given by the various governments to the desirability of Co-ordinating the activities of CITEJA COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling Serviceswith those of the Provisional International Civil Aviation Organization and
20、after it shall have come into existence, of the permanent International Civil Aviation Organization established pursuant to the Convention on International Civil Aviation drawn up at Chicago on December 7, 1944 ”. As a result of this resolution, the CITEJA met in Paris and Cairo in 1946, but it was
21、thought preferable to entrust the work of the CITEJA to a new international body created within ICAO. In May 1947, at Montreal, the CITEJA held its last session and the ICAO Assembly (First Session) instituted a Legal Committee, with broader powers than those of the CITEJA, which was charged, among
22、other things, with resuming the work of the international codification of private air law. The same session of the Assembly likewise adopted a procedure for the approval of draft conventions. The Constitution of the Legal Committee was annexed to Resolution Al-46 and the procedure for the approval o
23、f draft conventions is the subject of Resolution Al-48. The Constitution of the Legal Committee and the procedure for the approval of draft conventions adopted in 1947 were revised at the Seventh Session of the Assembly, held at Brighton from 15 June to 6 July 1953. The new Constitution appears in R
24、esolution A7-5 and the new procedure for the approval of draft conventions appears in Resolution A7-6. Since its institution in 1947, the Legal Committee has prepared drafts which led to the adoption of the following instruments: Convention on the International Recognition of Rights in Aircraft, sig
25、ned at Geneva on 19 June 1948; Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, signed at Rome on 7 October 1952; Protocol to Amend the Convention for the Unification of Certain Rules Relating to Intemational Carriage by Air Signed at Warsaw on 12 October 1929, done a
26、t The Hague on 28 September 1955; Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier, signed at Guadalajara on 18 September 1961; (ii) COPYRIGHT International Civi
27、l Aviation OrganizationLicensed by Information Handling ServicesConvention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963; Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970; Protocol to Amend
28、the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955, signed at Guatemala City on 8 March 1971; Convention for the Suppression of Unlawful Acts Against the S
29、afety of Civil Aviation, signed at Montreal on 23 September 1971; Additional Protocol No. 1 to Amend the Convention for the Unification of Certain Rules Relating to Intemational Carriage by Air signed at Warsaw on 12 October 1929, signed at Montreal on 25 September 1975; Additional Protocol No. 2 to
30、 Amend the Convention for the Unification of Certain Rules relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955, signed at Montreal on 25 September 1975; Additional Protocol No. 3 to Amend the Convention for t
31、he Unification of Certain Rules Relating to International Carriage by Air Signed ai Warsaw on 12 October 1929 as Amended by the Protocols Done at The Hague on 28 September 1955 and at Guatemala City on 8 March 1971, signed at Montreal on 25 September 1975; Montreal Protocol No. 4 to Amend the Conven
32、tion for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955, signed at Montreal on 25 September 1975; Protocol to Amend the Convention on Damage Caused by Foreign Aircraft to
33、 Third Parties on the Surface Signed at Rome on 7 October 1952, signed at Montreal on 23 September 1978; Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for (iii) COPYRIGHT International Civil Aviation Organi
34、zationLicensed by Information Handling Servicesthe Suppression of Unlawful Acts against the Safety of Civil Aviation, Done at Montreal on 23 September 1971, signed at Montreal on 24 February 1988; and Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1
35、 March 1991. According to its Constitution, the Legal Committee adopted Rules of Procedure at its First Session held in Brussels in 1947. At its Eighth Session, held in Madrid in September 1951, the Committee adopted new Rules of Procedure, which were amended at its Ninth, Thirteenth, Sixteenth, Twe
36、nty-Fifth and Thirtieth Sessions held, respectively, in Rio de Janeiro (1953), Montreal (i960), Paris (1967) and Montreal (1983 and 1997). COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesCONTENTS Constitution . 1 Procedure for Approval of Draft Conventions
37、 3 Rules of Procedure 5 Appendix - Organization and Working Methods of the Legal Committee . 19 Attachment A - Procedure for the Preparation of Draft Conventions 23 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesCONSTITUTION (Assembly Resolution A74 1. Th
38、e Legal Committee (hereinafter called “the Committee”) shall be a permanent Committee of the Organization, constituted by the Assembly and responsible to the Council except as otherwise specified herein. 2. The duties and functions of the Committee shall be: a) to advise the Council on matters relat
39、ing to the interpretation and amendment of the Convention on International Civil Aviation, referred to it by the Council; b) to study and make recommendations on such other matters relating to public international air law as may be referred to it by the Council or the Assembly; c) by direction of th
40、e Assembly or the Council, or on the initiative of the Committee and subject to the prior approval of the Council, to study problems relating to private air law affecting international civil aviation, to prepare drafts of intemational air law conventions and to submit reports and recommendations the
41、reon; d) to make recommendations to the Council as to the representation at sessions of the Committee of non-Contracting States and other international organizations, as to the Co-ordination of the work of the Committee with that of other representative bodies of the Organization and of the Secretar
42、iat and also as to such other matters as will be conducive to the effective work of the Organization. 3. The Committee shall be composed of legal experts designated as representatives of and by Contracting States, and shall be open to participation by all Contracting States. 4. one vote. Each Contra
43、cting State represented in meetings of the Committee shall have 5. The Committee shall determine, subject to the approval of the Council, the general work programme of the Committee and the provisional agenda of each 1 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handli
44、ng Servicesthe the provisions of this Constitution. Sessions of the Committee shall be convened at such places and times as may be directed or approved by the Council. 6. The Committee shall adopt rules of procedure. Such rules, and any amendment thereof which affects the relationship of the Committ
45、ee with other bodies of the Organization or with States or other organizations, shall be subject to approval by the Council. 7. The Committee shall elect its own officers. 8. The Committee may appoint Sub-committees either to meet concurrently with the Committee or, subject to the approval of the Co
46、uncil, at other times and places as it may deem fit. 2 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling Services STDeICAO 7bhq-ENGL 1778 4BLiLLiLb 0102422 517 = PROCEDURE FOR APPROVAL OF DRAFT CONVENTIONS (Assembly Resolution A7-6) 1. Any draft convention which the
47、 Legal Committee considers as ready for presentation to the States as a final draft shall be transmitted to the Council, together with a report thereon. 2. The Council may take such action as it deems fit, including the circulation of the draft to the Contracting States and to such other States and
48、international organizations as it may determine. 3. In circulating the draft convention, the Council may add comments and afford States and organizations an opportunity to submit comments to the Organization within a period of not less than four months. 4. Such draft convention shall be considered,
49、with a view to its approval, by a conference which may be convened in conjunction with a session of the Assembly. The opening date of the conference shall be not less than six months after the date of transmission of the draft as provided in paragraphs 2 and 3 above. The Council may invite to such a conference any non-Contracting State whose participation it considers desirable, and shall decide whether such participation cames the right to vote. The Council may also invite intemational organizations to be represented at the conference by obs
