1、DOC 9693-LC1190 Corrigendum 1 1/9/98 (E, F, s, R, A LEGAL COMMITTEE 30TH SESSION Montreal, 28 April - 9 May 1997 CORRIGENDUM NO. 1 1. Please replace on page 2, in paragraph 4.1: “14” with “15”. 2. Please replace on page 4-20, in paragraph 4: 177, in the second line: “20” with “22” 3. Please replace
2、on page 4-2 1, in paragraph 4: 184, in the penultimate line: “6” with “none” and “no abstention” with “6 abstentions”. 4. Please replace on page 4-23, in paragraph 4:198, in the sixth line: “lo” with “12” - END - Copyright International Civil Aviation Organization Provided by IHS under license with
3、ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Oil88740 077 kll DOC 9693-LC/190 International Civil Aviation Organization LEGAL COMMITTEE 30th SESSION Montreal, 28 April - 9 May 1997 REPORT Published by authority of the Secretary General 1997 Montreal Canada C
4、opyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-REPORT OF THE 30TH SESSION OF THE LEGAL COMMIITEE Letter of Transmittal To: President of the Council From: Chairman of the Lega
5、l Committee I have the honour to submit, in accordance with Rule 46 of the Rules of Procedure of the Legal Committee, the Report of the 30th Session of the Legal Committee. K. El Hussainy Montreal, 9 May 1997 Copyright International Civil Aviation Organization Provided by IHS under license with ICAO
6、Not for ResaleNo reproduction or networking permitted without license from IHS-,-,-Table of Contents i LEGAL COMMITTEE - 30TH SESSION (Montreal, 28 April - 9 May 1997) Table of Contents Page 1. Place and Duration . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7、 . . f Opening addresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Agenda and Working Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . 2 Meetings 2 Representation of States and International Organizations . . . . .
8、 . . . . . . . . . . . . . . . . . . 2 Records of Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 REPORT ON THE AGENDA 2. Item 2: Report of the Secretariat . . . . . . . . . . . . . . , . , . , . . . . . . . . . . . . . . . . 2-1 3. Item 3: Review
9、of the General Work Programme of the Legal Committee . . . . . . . . . . 3-1 4. Item 4: Modernization of the “Warsaw System“ and review of the question of the ratification of international air law instruments . . . . . . . . . . . . . . . . . . 4-1 5. Item 5: Consideration of other items on the Gene
10、ral Work Programme of the Legal Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 5-1 6. Item 6: Date, place and agenda of the 31st Session of the Legal Committee . . . . . . . . . 6-1 Attachment A: Agenda for the 30th Session of the Legal Committee . . . . . . . . .
11、. . . . . . . . . A-1 Attachment B: List of working papers . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1 Attachment C: List of participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1 Attachment D: Draft Convention for the Unificati
12、on of Certain Rules for International Carriage by Air . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-1 Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Organiza
13、tion of the Meeting 1 1. Place and Duration 1.1 The 30th Session of the Legal Committee was held at Montreal from 28 April to 9 May 1997. The Chairman of the Legal Committee, Dr. Khairy El Hussainy (Egypt), presided over the Session. 2. Opening addresses 2.1 The meeting was declared open by the Chai
14、rman of the Legal Committee. He noted in his opening remarks that this was the first session of the Legal Committee since the Arabic language became an offici all Meetings were held in open session. 4.2 The Secretary of the Committee was Dr. L. Weber, Director of the Legal Bureau of ICAO, the Deputy
15、 Secretary was Mr. S.A.A. Espinola, Principal Legal Officer, and the Assistant Secretary was Mr. J.V. Augustin, Legal Officer. Messrs. 3. Verhaegen and J. Huang, Legal Officers, Mr. A. Jakob, Associated Expert, and other oficials of the Organization also provided services for the Committee. 5. Repre
16、sentation of States and International Organizations 5.1 Sixty-one Contracting States and four international organizations were represented by 182 representatives and observers at this Session of the Legal Committee. The names of the representatives and observers appear in Attachment C to this Report
17、. 6. Records of Proceedings 6.1 The Committee decided that in application of Rule 45 of its Rules of Procedures, the minutes of the 30th Session need not be prepared, except those for Agenda Item 4. Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for Re
18、saleNo reproduction or networking permitted without license from IHS-,-,-Report on Agenda Item 2 2- 1 Agenda Item 2: Report of the Secretariat 2: 1 The Secretary presented LC/3O-WP/2 which was noted by the Committee. The main purpose of this paper was to draw the attention of the Committee to the re
19、levant developments in the legal work of ICAO since the 29th Session of the Committee. 2:2 The Committee noted that the 31st Session of the Assembly, after a review of the programme in the legal field by the Legal Commission, endorsed the General Work Programme of the Legal Committee as amended by t
20、he Council at its 145th Session on 7 June 1995. 2: 3 It was further noted that the Assembly decided to direct the Council to continue its efforts to modernize the “Warsaw System” as expeditiously as possible, takiig into account initiatives such as the ICAO socio-economic study, issues relating to i
21、nsurance, and the proposed IATA Intercarrier Agreement. This decision was taken in light of discussions in the Legal Commission on the subject of the modernization of the “Warsaw System”, which, inter alia, indicated that there was general agreement that the present liability limits under the “Warsa
22、w System” were inadequate and that there was a need to modernize the system. The Council decided on 15 November 1995 at its 146th Session to amend the second item on the Work Programme of the Legal Committee to read: “ne modernization of the Warsaw System and review of the question of the ratiJicati
23、on of international air law instnunents”. The Council placed special emphasis on the urgency of modernizing the “Warsaw System” and the need for the Legal Committee to finalize work on the new instrument by the close of its 30th Session, so that a Diplomatic Conference could be convened as soon as p
24、ossible thereafter to formally adopt the new instrument. 2:4 As regards the subject of slow progress in the ratification of international air law instruments, the Committee noted that the Council decided on 5 June 1996 at its 148th Session to refer to the Legal Committee for consideration certain pr
25、oposals aimed at accelerating the rate of ratification and entry into force of international air law instruments, other than amendments to the Chicago Convention. Furthermore, on 12 November 1996 at its 149th Session, the Council examined specifically options to accelerate the entry into force of am
26、endments to the Chicago Convention and decided that the matter should be documented for consideration by the Legal Commission of the next ordinary Session of the Assembly in 1998. 25 With respect to the item “ Consideration, with regard to global navigation satellite systems (GZVSS), ofthe establish
27、ment of a Zegdframework”, the Committee noted that the Council decided on 6 December 1995 at its 146th Session to establish the Panel of Legal and Technical Experts on the Establishment of the Legal Framework with Regard to GNSS (LTEP). It also decided that the Panel should have the terms of referen
28、ce as recommended by the 29th Session of the Legal Committee, and endorsed by the 31st Session of the Assembly. The Panel held its first meeting from 25 to 30 November 1996 and decided to set up two working groups, one being mandated to develop provisions of a Charter formulating the fundamental pri
29、nciples for GNSS, and the second being tasked to consider issues related to certification, liability, administration, finance and cost recovery, and future operating structures. The first Working Group met from 10 to 12 March 1997 and had already forwarded its report to the Chairman of the Panel. Th
30、e second Working Group held its first meeting from 22 to 25 April 1997. The full Panel would hold its second meeting in the last quarter of 1997, at which time both Working Groups would present their reports. Copyright International Civil Aviation Organization Provided by IHS under license with ICAO
31、Not for ResaleNo reproduction or networking permitted without license from IHS-,-,-2-2 Report on Agenda Item 2 2:6 The Committee further noted that the Council on 3 June 1996 at its 148th Session decided to include the new item “Acts or ofences of concern to the international aviation community and
32、not covered by existing air law instruments“ in the General Work Programme of the Legal Committee. This item concerned acts or offences committed on board aircraft which were of a less serious nature than acts of highjacking, sabotage or other acts of unlawful interference, but which nevertheless co
33、nstituted offences or crimes which should be prosecuted and which were not covered by existing air law instruments. The priority of this item in the General Work Programme remained to be determined. Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for Re
34、saleNo reproduction or networking permitted without license from IHS-,-,-Report on Agenda Item 3 3-1 Agenda Item 3: Review of the General Work Programme of the Legal Committee 3: 1 In accordance with Rule 8 of its Rules of Procedure, the Committee proceeded to review its General Work Programme. It n
35、oted, as indicated in LC/3O-WP/3, that the General Work Programme as amended by the Council on 15 November 1995 and 3 June 1996 were as follows: 1) Consideration, with regard to global navigation satellite systems (GNSS), of the establishment of a legal framework; 2) The modernization of the “Warsaw
36、 System“ and review of the question of the ratification of international air law instruments; 3) Liability rules which might be applicable to air traffic services (ATS) providers as well as to other potentially liable parties - Liability of air traffic control agencies; 4) United Nations Convention
37、on the Law of the Sea - Implications, if any, for the application of the Chicago Convention, its Annexes and other international air law instruments; and 5) Acts or offences of concern to the international aviation community and not covered by existing air law instruments. 312 It was also noted that
38、 item 5 was included in the Programme by the Council without indication of its priority. The Committee decided to retain the General Work Programme of the Legal Committee as mentioned above. Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo r
39、eproduction or networking permitted without license from IHS-,-,-Report on Agenda Item 4 4- 1 Agenda Item 4: Modernization of the “Warsaw System” and review of the question of the ratification of international air law instruments 4: 1 The Chairman explained the procedure he intended to follow in dea
40、ling with the item. The procedure would consist of the presentation by the Secretary of WP/4 “Introductory Note” followed by the Rapporteur to introduce his report, to be followed by general statements by delegations. The Committee would then consider the text of the draft new Warsaw instrument arti
41、cle by article. 4:2 The Secretary presented WP/4 “Introductory Note”, which provided background information related to this item and outlined the major elements of the “ICAO Draft Convention on the Liability of the Air Carrier and Other Rules Relating to International Carriage by Air” set out in App
42、endix B to WP/4. The Chairman then invited the Rapporteur, Mr. V. Poonoosamy, to introduce his report set out in Appendix A to WP/4. 4:3 The Rapporteur stated that the global problems of the “Warsaw System” required a global solution. An all-encompassing, worldwide, unified and modernized framework
43、should therefore be promoted at the level of governments and in accordance with the international law of treaties. Concerted action was essential in order to achieve this objective. 4:4 The Rapporteur pointed out that a major shortcoming of the “Warsaw System”, which, ironically, was designed for th
44、e unification of certain rules, was its very lack of uniformity on a most crucial point of the system, namely, the regime of limitation of liability. With potentially 44 different combinations of liability regimes, the current disuniformity of the “System” carried the seed of its destruction. The di
45、sintegration of the “Warsaw System” would not be to the advantage of either passengers or carriers, since its benefits clearly outweighed its disadvantages. 45 While recognizing the necessity for change, the Rapporteur cautioned that moving from one unacceptable extreme to another should, however, b
46、e resisted. The necessary change could not be based on a piecemeal approach, but should be based on a new self-standing Convention which would modernize the liability regime, while incorporating as far as possible the existing instruments of the “Warsaw System”. The new instrument should not only be
47、 adequate and desirable (Le. simple, workable, equitable and reasonable in the light of all relevant circumstances), but also acceptable to 185 Contracting States of ICAO. In view of the wide spectrum of socio-economic expectations and standards regarding the liability limit, it would not be possibl
48、e to meet all expectations and standards of all States. Compromise was therefore inevitable, and a balance between desirability and acceptability should be struck. 4:6 The Rapporteur pointed out that the most criticized provisions of the “Warsaw System” were those relating to the liability of the ca
49、rrier. He recalled that the provisions of the Warsaw Convention on liability were drafted in the light of a set of circumstances and objectives, in particular, the recognized difficulty faced by a plaintiff in proving negligence because of the novelty and highly technical nature of the evidence required and the accepted need to protect an international air transport industry still in its infancy. Circumstances and ob
