1、DOC 9799, A33-LE ASSEMBLY 33rd SESSION Montreal, 25 September - 5 October 2001 LEGAL COMMISSION Report Approved by the Legal Commission of the Assembly and published by authority of the Secretary General INTERNATIONAL CIVIL AVIATION ORGANIZATION Copyright International Civil Aviation Organization Pr
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15、ids, amendments, supplements, reprints, etc. Available free from the Document Sales Unit, ICAO. Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-ASSEMBLY 33RD SESSION LEGAL COMM
16、ISSION FINAL REPORT TABLE OF CONTENTS REPORT OF THE LEGAL COMMISSION Page General 1 Agenda and Working Arrangements . 1 Annual Reports of the Council to the Assembly for 1998, 1999 and 2000 and Programme Budget for 2002-2004, and their reference to the Executive Committee as a whole and to Commissio
17、ns as necessary (AgendaItem7) . 3 Ratification of the Montreal Convention of 1999 and of other international air law instruments (AgendaItem31) . 3 Progress report on the establishment of a legal framework with regard to CNS/ATM systems including GNSS (AgendaItem32) 4 (AgendaItem33) 6 Progress repor
18、t on the acts or offences of concern to the international aviation community and not covered by existing air law instruments (unruly passengers) Progress report on international interests in mobile equipment (aircraft equipment) (AgendaItem34) 7 Resolution 34/1 (Renumbered A33-4): Adoption of nation
19、al legislation on certain offences committed on board civil aircraft (unruly/disruptive passengers) 8 Confirmation by ICA0 of the Vienna Convention on the Law of Treaties between States and International Organizations (AgendaItem35) . 10 Resolution 35/1 (Renumbered A33-5): Confirmation of the i986 V
20、ienna Convention on the Law of Treaties between States and International Organizations or between International Organizations . 11 Work Programme of the Organization in the legal field (AgendaItem36) 12 Appendix: List of documents and working papers considered by the Legal Commission 15 INDEX 19 Cop
21、yright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or network
22、ing permitted without license from IHS-,-REPORT OF THE LEGAL COMMISSION General 1. Dr. K. Rattray (Jamaica) was elected by the Plenary as Chairman of the Commission. The Legal Commission held four meetings between 25 September and 5 October 2001. 2. .Vice-chairman and Mr. K.V. Tsidji (Togo) as its S
23、econd Vice-chairman. At its first meeting, the Commission elected Mr. A. Jones (United Kingdom) as its First 3. The four meetings of the Commission were held in open session. On the recommendation of the Executive Committee, the Assembly had agreed to the suspension of minutes for the meetings of th
24、e Legal Commission during A33. 4. meetings of the Commission. Representatives from 78 Contracting States and 6 observer delegations attended one or more 5. The Secretary of the Commission was Dr. L. Weber, Director of the Legal Bureau. Mr. S.A. Espnola, Principal Legal Officer, acted as his Deputy,
25、and Mr. J.V. Augustin, Senior Legal Officer, as his assistant. Also assisting the Secretary were Messrs. B. Verhaegen, Legal Officer; J. Huang, Legal Officer; A. Jakob, Legal Officer; and T. Onuma, Junior Professional Officer. Agenda and Working Arrangements 6. Agenda items 7,3 1 , 32,33,34,35 and 3
26、6 referred to the Commission by the Plenary were considered, as follows: Item 7: Item 3 1 : Item 32: Item 33: Item 34: Item 35: Item 36: Annual Reports of the Council to the Assembly for 1998, 1999 and 2000 and Programme Budget for 2002-2004, and their reference to the Executive Committee as a whole
27、 and to Commissions as necessary Ratification of the Montreal Convention of 1999 and of other intemational air law instruments Progress report on the establishment of a legal framework with regard to CNS/ATM systems including GNSS Progress report on international interests in mobile equipment (aircr
28、aft equipment) Progress report on the acts or offences of concern to the international aviation community and not covered by existing air law instruments (unruly passengers) Confirmation by ICA0 of the Vienna Convention on the Law of Treaties between States and International Organizations Work Progr
29、amme of the Organization in the legal field Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-2- 6.1 in the Appendix to the Report. The documents and working papers considered by
30、 the Commission are listed by agenda items 6.2 The action by the Commission in respect of each item is reported on separately in the paragraphs which follow. The material is arranged according to the numerical sequence of the agenda items considered by the Commission. Copyright International Civil A
31、viation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-3- Agenda Item 7: Annual Reports of the Council to the Assembly for 1998, 1999 and 2000 and Programme Budget for 2002-2004, and their reference to the Executiv
32、e Committee as a whole and to Commissions as necessary 7: 1 The Commission noted Chapter VI (Constitutional and Legal Questions) of the Annual Reports of the Council to the Assembly for the years 1998 (Doc 9732), 1999 (Doc 9752) and 2000 (Doc 9770) as well as the Supplement for the first half of the
33、 year 2001 (Doc 9770 - Supplement) which had been referred to it by the Plenary. 7:2 The Commission also noted the programme budget set out in Part IV of A33-WP/1S7 Corrigendum No. 1, Corrigendum No. 2, Addendum No. 1 and Corrigendum No. 1 to Addendum No. 1 (Major Programme IV - Legal - Programme Bu
34、dget for the Organization for 2002,2003 and 2004). Agenda Item 31: Ratification of the Montreal Convention of 1999 and of other international air law instruments 31:l ratification of the 1999 Montreal Convention and of other international air law instruments. The Secretariat introduced A33-WPl33 whi
35、ch provided information on the status of 31:2 One delegation congratulated the Legal Bureau for its efforts to secure the ratification of air law instruments. However, with respect to the action proposed in paragraph 3.1 of A33-WPl33, it noted that the Assembly was being invited to urge States to ra
36、tify ali the air law instruments, including the 1971 Guatemala City Protocol and the Additional Protocol No. 3 of 1975. In its view, the Montreal Convention was supposed to replace earlier instruments of the “Warsaw System”, and ICA0 should not be seen to be encouraging ratification of instruments o
37、f that System which were not yet in force. The Secretariat clarified that in Resolution A3 1- 15, Appendix C, the Assembly still invited States to ratify these instruments, mentioning in particular Montreal Protocols Nos. 3 and 4 of 1975, and that it was up to this Assembly to change the emphasis on
38、 particular instruments if it felt this to be desirable. . 31:3 The Chairman observed that until ail States parties to an ear1ier“Warsaw System” instrument also became parties to the 1999 Convention, the earlier instrument would retain its validity; specific reference was made to Article 55 of the 1
39、999 Convention. The Chairman proposed, and the Commission agreed, to: a) note the information provided in A33-WPi33; b) request those States which have not yet ratified the instruments mentioned therein to do so as soon as possible; and c) urge States, in the context of air carrier liability, to rat
40、ifj the Montreal Convention of 1999 as soon as possible. 31:4 In so doing, the Commission wished to emphasize that States should, in the context of air carrier liability, give higher priority to the ratification of the 1999 Convention, as compared to the other “Warsaw System” instruments, in particu
41、lar those not yet in force. Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-4- 31:5 Two States, Canada and the United States, provided information on steps currently being take
42、n by their authorities to sign and ratify, respectively, the 1999 Montreal Convention and, in the case of Canada, on the steps being taken towards implementation of the Convention. 31:6 The Observer from the Latin American Association of Air and Space Law (ALADA) informed the Commission of a recent
43、symposium held in Buenos Aires, where all participants felt it was advisable that States sign and ratis, the 1999 Convention. Agenda Item 32: Progress report on the establishment of a legal framework with regard to CNS/ATM systems including GNSS 32: 1 Consideration of this item was based on A33-WP/3
44、4 presented by the Council, A33-WP/60 presented by the European Civil Aviation Conference, A33-WP/78 presented by Belgium on behalf of the European Community and its Member States, A33-WP/107 presented by the Latin American Civil Aviation Commission and A33-WPd156 and 188 presented by the United Sta
45、tes. 32:2 A33-WP/34 presented the main results of the work of the Study Group. It recalled Assembly Resolution A32-20, in which the Secretariat Study Group on Legal Aspects ofCNS/ATM systems was mandated to consider the elaboration of an appropriate long-term legal framework for Global Navigation Sa
46、tellite Systems (GNSS). It was recognized that once GNSS was implemented, most States had to rely on signals-in-space and their augmentation provided by others. Accordingly, additional arrangements establishing a link between the provider and the States having jurisdiction under Article 28 needed to
47、 be considered. After consideration of different views, the Study Group recommended the exploration of a contractual framework as a middle ground approach as an interim measure, pending further study relating to the long-term legal framework. 32:3 A33-WP/60 outlined the European developments with re
48、spect to a contractual framework as an interim solution towards the long-term institutional arrangements. It emphasized that the concept of the contractual framework would only be effective in an institutional environment, where the focal point, the GNSS entity, would play acentral role. A33-WP/78 p
49、ointed out the distinct nature of space-based navigation system which allowed several or even all States to get access to the same navigation source. Legal certainty was therefore required as to the responsibility and liability relating to the system. A33-WP/107 proposed that a draft multilateral agreement be developed for submission to a diplomatic confer
