1、STD.ICA0 bS-LC/LL-ENGL 2000 H 484L4Lb OL2L28b 786 II 4 DOC 9765-LC/191 Corrigendum English and Arabic only 16/11/00 LEGAL COMMITTEE 3 1 st SESSION Montreal, 28 August - 8 September 2000 CORRIGENDUM Please insert the attached Table of Contents between the Letter of Transmittal and page 1, Organizatio
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3、o reproduction or networking permitted without license from IHS-,-,-DOC 9765=LC/191 International Civil Aviation Organization LEGAL COMMITTEE 31st SESSION Montreal, 28 August - 8 September 2000 REPORT Published by authority of the Secretary General 2000 Montreal Canada COPYRIGHT International Civil
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17、etworking permitted without license from IHS-,-,- STD-ICA0 9765-LC/L91-ENGL 2000 4841436 0121289 495 W REPORT OF THE 31ST SESSON OF THE LEGAL COMMITTEE Letter of Transmittal To: Presideat of the council From: Chman of the Legal committee I have the honotir to submit, in accordance with Rule 46 of th
18、e Rules of Procedure of the Legal Committee, the Report of the 3 Ist Session of the kgal Commiaec. U G. hoan Montreal, 6 November 2000 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesCopyright International Civil Aviation Organization Provided by IHS under
19、 license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-STD-ICA0 97bS-LC/LSL-ENGL 2000 Table of Contents I LEGAL COMMITTEE . 31ST SESSION (Montreal. 28 August . 8 September 2000) Table of Contents Page 1 . Place and duration 1 Opening address . 1 Agenda a
20、nd working arrangements . 2 Meetings and Officers 2 Representation of States and International Organizations . 2 Records of proceedings 2 REPORT ON THE AGENDA 2 . Item 2: Report of the Secretariat . 2-1 3 . Item 3: Intemational Interests in Mobile Equipment (Aircraft Equipment) . 3-1 4 . Item 4: Con
21、sideration of other items on the General Work Programme oftheLegalCommittee 4-1 5 . Item 5 : Review of the General Work Programme of the Legal Committee 5-1 6 . Item 6: Election of the Chairman and Vice-Chairmen of the Committee . 6 all Meetings were held in open session. 4.2 Committee, in the absen
22、ce of Dr. K. El Hussainy, (Egypt), Chairmm. The Session was presided over by Mr. G. Lauzon (Canada), Third Vice-chairman of the 4.3 The Secretary of the Committee was Dr. L. Weber, Director of the Legal Bureau of ICAO. The Deputy Secretary was Mr. S.A.A. Espinola, Principal Legal Officer, and Messrs
23、. J.V. Augustin, B. Verhaegen, J. Huang and A. Jakob served as Assistant Secretaies. Other officials ofthe Organization also provided services to the Committee. 5. Representation of States and International Organizations 5.1 Fifty-six Contracting States and six international organizations were repre
24、sented by 179 representatives and observers at this Session of the Legal Committee. The names of the representatives and observers appear in Attachment C to this Report. 6. Records of Proceedings 6.1 of the 3 1st Session need not be prepared, except those for Agenda Item 3. The Committee decided tha
25、t in application of Rule 45 of its Rules ofprocedure, the minutes COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesCopyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitt
26、ed without license from IHS-,-,- STD-ICA0 93b5-LC/191-ENGL 2000 I 4b141b 0121293 91b I Report on Agenda Item 2 2-1 Agenda Item 2: Report of the Secretariat 2: 1 Working Arrangements, which was noted. The Secretariat presented LC/3 1-WP/2- 1, which provided information on Documentation and 2:2 The Se
27、cretariat also presented LU3 1 -WP/2-2 which was noted by the Committee. The main purpose of this paper was to report to the Committee on relevant developments in the work of ICAO in the legal field, other than those items on the Committees work programme, having taken place since the 30th Session o
28、f the Legal Committee. 2:3 the UniJication of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999. The Committee was informed about the ratification process in relation to the Convention for 2:4 The Committee noted the status of ratification in relation to the Vienna Con
29、vention on the law of Treaties between States and International Organizations or between International Organizations (1 986) and was informed that the Council agreed to recommend to the 33rd Session of the Assembly that ICAO should formally confirm the said Convention. 2:5 The Committee noted inform
30、ation on the subject of Infractions of the Convention on International Civil Aviation (Chicago, 1944), as well as background information in relation to the International Convention for the Suppression of Terrorist Bombings, adopted by the United Nations General Assembly on 15 December 1997. 2:6 As r
31、egards the Application and Memorial submitted pursuant to Article 84 of the Chicago Convention and the ICA0 Rules for the Settlement of Diferences (ICAO Doc 778212) by the United States on 14 March 2000 against fifteen European States relating to European Council Regulation (EC)No. 925/1999 (“Hushki
32、ts”), the Committee was informed that a Statement of Preliminary Objections was filed by the Respondent on 19 July 2000. This subject would be taken up by the Council during its forthcoming 16 1 st Session. 2:7 The Committee noted information pertaining to a draft Agreement of Cooperation between th
33、e International Civil Aviation Organization (ZAO) and the International Mobile Satellite Organization (ZMSO), 23 The Committee noted the Councils consideration on 5 February 1999 of a Secretariats paper setting forth a legal and technical analysis of the Notice of Proposed Rulemaking (NPM) published
34、 by the United States Federal Aviation Administration (FAA) on 23 November 1998 concerning the so-called “Hatch Amendment”. The Committee also noted that, on 12 June 2000, the U.S. Secretary of Transportation declared during a visit to ICAO that he believed that the requirements ofthe Amendment had
35、been fulfilled and that the Department of Transportation and FAA should take no further action based on a literal interpretation of the term “identical measures”. On the same day, the Secretary of Transportation sent a letter to that effect to the Chairman of the U.S. Senate Judiciary Committee. 2:9
36、 It was further noted that the Assembly had adopted Resolution A32-11 on the establishment of an ICAO universal safety oversight audit programme comprising regular, mandatory, systematic and harmonized safety audits, initially on Annexes 1 - Personnel Licensing, 6 - Operation of Aircraft and 8 - Air
37、worthiness of Aircraft to the Chicago Convention. COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesCopyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without licen
38、se from IHS-,-,-2-2 Report on Agenda Item 2 2:lO The committee took note of a revised draft Constitution of the African Civil Aviation Commission (AFCAC), which had been reviewed with the assistance of ICAO, following a request by AFCAC in 1998. The Committee was informed that the revised draft Cons
39、titution was presently under consideration by the relevant AFCAC bodies. 2:11 In addition, the Committee took note of the signing, on 28 May 1999, of a Supplementary Agreement between the International Civil Aviation Organization (ICAO) and the Government of Canada regarding the Headquarters of ICAO
40、. COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesCopyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-STDaICAO 9765-LC/191-ENGL 2000 =
41、 484141b 0121295 799 Report on Agenda Item 3 3-1 Agenda Item 3: International Interests in Mobile Equipment (Aircraft Equipment) 3: 1 The Secretariat presented LC/3 1-WP/3 which summarized background information on this agenda item. The Chairman of the Sub-Committee, Dr. E. Chiavarelli (Italy) prese
42、nted LC/31-WP/3-1, WP/3-2, and WP/3-6, which contained the reports of the three Joint Sessions of the Sub-Committee. Making special reference to the report of the third Joint Session, she indicated that the draft texts produced at that session should form a basis for discussion by this Committee. Sh
43、e expressed confidence that this project would facilitate financing for the purpose of modernizing air fleets, which would in turn promote the safety of intemational civil aviation. 3:2 WPs/3-7,3-8, 3-9, 3-10 and 3-1 1 were presented by Uruguay, which proposed changes of certain wording in the draft
44、 texts. In particular, it was observed that under Article III of the draft Protocol, the autonomy given to the parties to decide to derogate from the provisions of the Protocol was too broad; so were the rights of the chargee under Article 7 of the draft Convention. In commenting on these papers, so
45、me delegations noted that certain terms, such as “insolvency administrator”, had been deliberately chosen. The Committee decided that the Drafting Committee would review the use of terms to the extent that they were related to drafting matters. The Committee would revert to the substantive issues at
46、 a later stage. 3:3 The United States presented WP/3-12 containing observations on the draft Convention on International Interests in Mobile Equipment and the draft Protocol on Matters Specific to Aircraft Equipment. The current process was one which could bring very substantial financial benefits t
47、o the parties involved in the international aviation transportation industry. The regime would serve the important function of making the large resources of the private sector capital markets available to the infrastructure development of all States, especially the developing States. This could be a
48、chieved by supporting the basic principles of asset-based financing as contained in the draft Convention and Protocol. The Convention and the Protocol were structured in a way that key provisions were drafted in an optional fashion, to allow flexibility for States. The need for the process to be imp
49、lemented without delay was emphasized. 3:4 WP/3- 13 was presented by Sweden, which pointed out that in the negotiating process, Sweden had accepted a much higher degree of party autonomy than prevailed in its legal system. WP/3-13 proposed certain amendments to Article 8, paragraph 3, and Article 28, paragraphs 2 and 3 of the draft Convention; Sweden would also wish to see t
