Navigation
Wichtige Links
Back
INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT,
SIGNED AT CHICAGO, ON 7 DECEMBER 1944
INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT,
SIGNED AT CHICAGO, ON 7 DECEMBER 1944
(TRANSIT AGREEMENT)
The States which sign and accept this International Air Services
Transit Agreement, being members of the International Civil Aviation
Organization, declare as follows:
Article I
Section 1
Each contracting State grants to the other contracting States the
following freedoms of the air in respect of scheduled international air
services:
1. The privilege to fly across its territory without landing;
2. The privilege to land for non-traffic purposes.
The privileges of this section shall not be applicable with respect to
airports utilized for military purposes to the exclusion of any scheduled
international air services. In areas of active hostilities or of military
occupation, and in time of war along the supply routes leading to such
areas, the exercise of such privileges shall be subject to the approval of
the competent military authorities.
Section 2
The exercise of the foregoing privileges shall be in accordance with
the provisions of the Interim Agreement on International Civil Aviation and,
when it comes into force, with the provisions of the Convention on
International Civil Aviation, both drawn up at Chicago on December 7,
1944.
Section 3
A contracting State granting to the airlines of another contracting
State the privilege to stop for non-traffic purposes may require such
airlines to offer reasonable commercial service at the points at which such
stops are made.
Such requirement shall not involve any discrimination between airlines
operating on the same route, shall take into account the capacity of the
aircraft, and shall be exercised in such a manner as not to prejudice the
normal operations of the international air services concerned or the rights
and obligations of a contracting State.
Section 4
Each contracting State may, subject to the provisions of this
Agreement,
1. Designate the route to be followed within its territory by any
international air service and the airports which any such service may use;
2. Impose or permit to be imposed on any such service just and
reasonable charges for the use of such airports and other facilities; these
charges shall not be higher than would be paid for the use of such airports
and facilities by its national aircraft engaged in similar international
services: provided that, upon representation by an interested contracting
State, the charges imposed for the use of airports and other facilities
shall be subject to review by the Council of the International Civil
Aviation Organization established under the above-mentioned Convention,
which shall report and make recommendations thereon for the consideration of
the State or States concerned.
Section 5
Each contracting State reserves the right to withhold or revoke a
certificate or permit to an air transport enterprise of another State in any
case where it is not satisfied that substantial ownership and effective
control are vested in nationals of a contracting State, or in case of
failure of such air transport enterprise to comply with the laws of the
State over which it operates, or to perform its obligations under this
Agreement.
Article II
Section 1
A contracting State which deems that action by another contracting
State under this Agreement is causing injustice or hardship to it, may
request the Council to examine the situation. The Council shall thereupon
inquire into the matter, and shall call the States concerned into
consultation. Should such consultation fail to resolve the difficulty, the
Council may make appropriate findings and recommendations to the contracting
States concerned. If thereafter a contracting State concerned shall in the
opinion of the Council unreasonably fail to take suitable corrective action,
the Council may recommend to the Assembly of the above-mentioned
Organization that such contracting State be suspended from its rights and
privileges under this Agreement until such action has been taken. The
Assembly by a two-thirds vote may so suspend such contracting State for such
period of time as it may deem proper or until the Council shall find that
corrective action has been taken by such State.
Section 2
If any disagreement between two or more contracting States relating to
the interpretation or application of this Agreement cannot be settled by
negotiation, the provisions of Chapter XVIII of the above-mentioned
Convention shall be applicable in the same manner as provided therein with
reference to any disagreement relating to the interpretation or application
of the above-mentioned Convention.
Article III
This Agreement shall remain in force as long as the abovementioned
Convention; provided, however, that any contracting State, a party to the
present Agreement, may denounce it on one year's notice given by it to the
Government of the United States of America, which shall at once inform all
other contracting States of such notice and withdrawal.
Article IV
Pending the coming into force of the above-mentioned Convention, all
references to it herein, other than those contained in Article II, Section
2, and Article V, shall be deemed to be references to the Interim Agreement
on International Civil Aviation drawn up at Chicago on December 7, 1944; and
references to the International Civil Aviation Organization, the Assembly,
and the Council shall be deemed to be references to the Provisional
International Civil Aviation Organization, the Interim Assembly, and Interim
Council respectively.
Article V
For the purposes of this Agreement, "territory" shall be defined as
in Article 2 of the above-mentioned Convention.
Article VI
Signatures and Acceptances of Agreement
The undersigned delegates to the International Civil Aviation
Conference, convened in Chicago on November 1, 1944, have affixed their
signatures to this Agreement with the understanding that the Government of
the United States of America shall be informed at the earliest possible date
by each of the governments on whose behalf the Agreement has been signed
whether signature on its behalf shall constitute an acceptance of the
Agreement by that government and an obligation binding upon it.
Any State a member of the International Civil Aviation
Organization may accept the present Agreement as an obligation binding
upon it by notification of its acceptance to the Government of the United
States, and such acceptance shall become effective upon the date of the
receipt of such notification by that Government.
This Agreement shall come into force as between contracting States
upon its acceptance by each of them. Thereafter it shall become binding as
to each other State indicating its acceptance to the Government of the United
States on the date of the receipt of the acceptance by that Government. The
Government of the United States shall inform all signatory and accepting
States of the date of all acceptances of the Agreement, and of the date on
which it comes into force for each accepting State.
IN WITNESS WHEREOF, the undersigned, having been duly authorized, sign
this Agreement on behalf of their respective governments on the dates
appearing opposite their respective signatures.
DONE at Chicago the seventh day of December, 1944, in the
English language. A text drawn up in the English, French, and Spanish
languages, each of which shall be of equal authenticity, shall be opened for
signature at Washington, D.C. Both texts shall be deposited in the archives
of the Government of the United States of America, and certified copies
shall be transmitted by that Government to the governments of all the States
which may sign or accept this Agreement.
Back to Air Law Resources