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A Decade of American Foreign Policy 1941-1949 Convention on International Civil Aviation, December 7, 1944 (Excerpts) (1)(a) The International Civil Aviation Organization CHAPTER VII - THE ORGANIZATIONARTICLE 43 An organization to be named the International Civil Aviation Organization is formed by the Convention. It is made up of an Assembly, a Council, and such other bodies as may be necessary. ARTICLE 44 The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to: (a) Insure the safe and orderly growth of international civil aviation throughout the world; (b) Encourage the arts of aircraft design and operation for peaceful purposes; (c) Encourage the development of airways, airports, and air navigation facilities for international civil aviation; (d) Meet the needs of the peoples of the world for safe, regular, efficient and economical air transport; (e) Prevent economic waste caused by unreasonable competition; (f) Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines; (g) Avoid discrimination between contracting States; (h) Promote safety of flight in international air navigation; (i) Promote generally the development of all aspects of international civil aeronautics. ARTICLE 45 The permanent seat of the Organization shall be at such place as shall be determined at the final meeting of the Interim Assembly of the Provisional International Civil Aviation Organization set up by the Interim Agreement on International Civil Aviation signed at Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decision of the Council. ARTICLE 46 The first meeting of the Assembly shall be summoned by the Interim Council of the above-mentioned Provisional Organization as soon as the Convention has come into force, to meet at a time and place to be decided by the Interim Council. ARTICLE 47 The Organization shall enjoy in the territory of each contracting State such legal capacity as may be necessary for the performance of its functions. Full juridical personality shall be granted wherever compatible with the constitution and laws of the State concerned. CHAPTER VIII - THE ASSEMBLY ARTICLE 48 (a) The Assembly shall meet annually and shall be convened by the Council at a suitable time and place. Extraordinary meetings of the Assembly may be held at any time upon the call of the Council or at the request of any ten contracting States addressed to the Secretary General. (b) All contracting States shall have an equal right to be represented at the meetings of the Assembly and each contracting State shall be entitled to one vote. Delegates representing contracting States may be assisted by technical advisers who may participate in the meetings but shall have no vote. (c) A majority of the contracting States is required to constitute a quorum for the meetings of the Assembly. Unless otherwise provided in this Convention, decisions of the Assembly shall be taken by a majority of the votes cast. ARTICLE 49 The powers and duties of the Assembly shall be to: (a) Elect at each meeting its President and other officers; (b) Elect the contracting States to be represented on the Council, in accordance with the provisions of Chapter IX; (c) Examine and take appropriate action on the reports of the Council and decide on any matter referred to it by the Council; (d) Determine its own rules of procedure and establish such subsidiary commissions as it may consider to be necessary or desirable; (e) Vote an annual budget and determine the financial arrangements of the Organization, in accordance with the provisions of Chapter XII; (f) Review expenditures and approve the accounts of the Organization; (g) Refer, at its discretion, to the Council, to subsidiary commissions, or to any other body any matter within its sphere of action; (h) Delegate to the Council the powers and authority necessary or desirable for the discharge of the duties of the Organization and revoke or modify the delegations of authority at any time; (i) Carry out the appropriate provisions of Chapter XIII; (j) Consider proposals for the modification or amendment of the provisions of this Convention and, if it approves of the proposals, recommend them to the contracting States in accordance with the provisions of Chapter XXI; (k) Deal with any matter within the sphere of action of the Organization not specifically assigned to the Council. CHAPTER IX - THE COUNCIL ARTICLE 50 (a) The Council shall be a permanent body responsible to the Assembly. It shall be composed of twenty-one contracting States elected by the Assembly. An election shall be held at the first meeting of the Assembly and thereafter every three years, and the members of the Council so elected shall hold office until the next following election. (b) In electing the members of the Council, the Assembly shall give adequate representation to (1) the States of chief importance in air transport; (2) the States not otherwise included which make the largest contribution to the provision of facilities for international civil air navigation; and (3) the States not otherwise included whose designation will insure that all the major geographic areas of the world are represented on the Council. Any vacancy on the Council shall be filled by the Assembly as soon as possible; any contracting State so elected to the Council shall hold office for the unexpired portion of its predecessor's term of office. (c) No representative of a contracting State on the Council shall be actively associated with the operation of an international air service or financially interested in such a service. ARTICLE 51 The Council shall elect its President for a term of three years. He may be reelected. He shall have no vote. The Council shall elect from among its members one or more Vice Presidents who shall retain their right to vote when serving as acting President. The President need not be selected from among the representatives of the members of the Council but, if a representative is elected, his seat shall be deemed vacant and it shall be filled by the State which he represented. The duties of the President shall be to: (a) Convene meetings of the Council, the Air Transport Committee, and the Air Navigation Commission; (b) Serve as representative of the Council; and (c) Carry out on behalf of the Council the functions which the Council assigns to him. ARTICLE 52 Decisions by the Council shall require approval by a majority of its members. The Council may delegate authority with respect to any particular matter to a committee of its members. Decisions of any committee of the Council may be appealed to the Council by any interested contracting State. ARTICLE 53 Any contracting State may participate, without a vote, in the consideration by the Council and by its committees and commissions of any question which especially affects its interests. No member of the Council shall vote in the consideration by the Council of a dispute to which it is a party. ARTICLE 54 The Council shall: (a) Submit annual reports to the Assembly; (b) Carry out the directions of the Assembly and discharge the duties and obligations which are laid on it by this Convention; (c) Determine its organization and rules of procedure; (d) Appoint and define the duties of an Air Transport Committee, which shall be chosen from among the representatives of the members of the Council, and which shall be responsible to it; (e) Establish an Air Navigation Commission, in accordance with the provisions of Chapter X; (f) Administer the finances of the Organization in accordance with the provisions of Chapters XII and XV; (g) Determine the emoluments of the President of the Council; (h) Appoint a chief executive officer who shall be called the Secretary General, and make provision for the appointment of such other personnel as may be necessary, in accordance with the provisions of Chapter XI; (i) Request, collect, examine and publish information relating to the advancement of air navigation and the operation of international air services, including information about the costs of operation and particulars of subsidies paid to airlines from public funds, (j) Report to contracting States any infraction of this Convention, as well as any failure to carry out recommendations or determinations of the Council; (k) Report to the Assembly any infraction of this Convention where a contracting State has failed to take appropriate action within a reasonable time after notice of the infraction; (l) Adopt, in accordance with the provisions of Chapter VI of this Convention, international standards and recommended practices; for convenience, designate them as Annexes to this Convention; and notify all contracting States of the action taken; (m) Consider recommendations of the Air Navigation Commission for amendment of the Annexes and take action in accordance with the provisions of Chapter XX; (n) Consider any matter relating to the Convention which any contracting State refers to it. ARTICLE 55 The Council may: (a) Where appropriate and as experience may show to be desirable, create subordinate air transport commissions on a regional or other basis and define groups of states or airlines with or through which it may deal to facilitate the carrying out of the aims of this Convention; (b) Delegate to the Air Navigation Commission duties additional to those set forth in the Convention and revoke or modify such delegations of authority at any time; (c) Conduct research into all aspects of air transport and air navigation which are of international importance, communicate the results of its research to the contracting States, and facilitate the exchange of information between contracting States on air transport and air navigation matters: (d) Study any matters affecting the organization and operation of international air transport, including the international ownership and operation of international air services on trunk routes, and submit to the Assembly plans in relation thereto; (e) Investigate, at the request of any contracting State, any situation which may appear to present avoidable obstacles to the development of international air navigation; and, after such investigation, issue such reports as may appear to it desirable. CHAPTER X - THE AIR NAVIGATION COMMISSION ARTICLE 56 The Air Navigation Commission shall be composed of twelve members appointed by the Council from among persons nominated by contracting States. These persons shall have suitable qualifications and experience in the science and practice of aeronautics. The Council shall request all contracting States to submit nominations. The President of the Air Navigation Commission shall be appointed by the Council. ARTICLE 57 The Air Navigation Commission shall: (a) Consider, and recommend to the Council for adoption, modifications of the Annexes to this Convention; (b) Establish technical subcommissions on which any contracting State may be represented, if it so desires; (c) Advise the Council concerning the collection and communication to the contracting States of all information which it considers necessary and useful for the advancement of air navigation. CHAPTER XI - PERSONNEL ARTICLE 58 Subject to any rules laid down by the Assembly and to the provisions of this Convention, the Council shall determine the method of appointment and of termination of appointment, the training, and the salaries, allowances, and conditions of service of the Secretary General and other personnel of the Organization, and may employ or make use of the services of nationals of any contracting State. ARTICLE 59 The President of the Council, the Secretary General, and other personnel shall not seek or receive instructions in regard to the discharge of their responsibilities from any authority external to the Organization. Each contracting State undertakes fully to respect the international character of the responsibilities of the personnel and not to seek to influence any of its nationals in the discharge of their responsibilities, ARTICLE 60 Each contracting State undertakes, so far as possible under its constitutional procedure, to accord to the President of the Council, the Secretary General, and the other personnel of the Organization, the immunities and privileges which are accorded to corresponding personnel of other public international organizations. If a general international agreement on the immunities and privileges of international civil servants is arrived at, the immunities and privileges accorded to the President, the Secretary General, and the other personnel of the Organization shall be the immunities and privileges accorded under that general international agreement. CHAPTER XII - FINANCE ARTICLE 61 The Council shall submit to the Assembly an annual budget, annual statements of accounts and estimates of all receipts and expenditures. The Assembly shall vote the budget with whatever modification it sees fit to prescribe, and, with the exception of assessments under Chapter XV to States consenting thereto, shall apportion the expenses of the Organization among the contracting States on the basis which it shall from time to time determine. ARTICLE 62 The Assembly may suspend the voting power in the Assembly and in the Council of any contracting State that fails to discharge within a reasonable period its financial obligations to the Organization. ARTICLE 63 Each contracting State shall bear the expenses of its own delegation to the Assembly and the remuneration, travel, and other expenses of any person whom it appoints to serve on the Council, and of its nominees or representatives on any subsidiary committees or commissions of the Organization. CHAPTER XIII - OTHER INTERNATIONAL ARRANGEMENTS ARTICLE 64 The Organization may, with respect to air matters within its competence directly affecting world security, by vote of the Assembly enter into appropriate arrangements with any general organization set up by the nations of the world to preserve peace. ARTICLE 65 The Council, on behalf of the Organization, may enter into agreements with other international bodies for the maintenance of common services and for common arrangements concerning personnel and, with the approval of the Assembly, may enter into such other arrangements as may facilitate the work of the Organization. ARTICLE 66 (a) The Organization shall also carry out the functions placed upon it by the International Air Services Transit Agreement and by the International Air Transport Agreement drawn up at Chicago on December 7, 1944 in accordance with the terms and conditions therein set forth. (b) Members of the Assembly and the Council who have not accepted the International Air Services Transit Agreement or the International Air Transport Agreement drawn up at Chicago on December 7, 1944 shall not have the right to vote on any questions referred to the Assembly or Council under the provisions of the relevant Agreement. SIGNATURE OF CONVENTION In witness whereof, the undersigned plenipotentiaries, having been duly authorized, sign this Convention on behalf of their respective governments on the dates appearing opposite their 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 adhere to this Convention. [Here follow the signatures of the plenipotentiaries.] (b) International Air Services Transit Agreement(Two Freedoms) (2) 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 above-mentioned 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 reference 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 purpose 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. (c) International Air Transport Agreement (Five Freedoms)(3) The States which sign and accept this International Air Transport Agreement being members of the International Civil Aviation Organization declare as follows: ARTICLE I SECTION I 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; (3) The privilege to put down passengers, mail and cargo taken on in the territory of the State whose nationality the aircraft possesses; (4) The privilege to take on passengers, mail and cargo destined for the territory of the State whose nationality the aircraft possesses; (5) The privilege to take on passengers, mail and cargo destined for the territory of any other contracting State and the privilege to put down passengers, mail and cargo coming from any such territory. With respect to the privileges specified under paragraphs (3), (4) and (5) of this section, the undertaking of each contracting State relates only to through services on a route constituting a reasonably direct line out from and back to the homeland of the State whose nationality the aircraft possesses. 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 nontraffic 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 any contracting State. SECTION 4 Each contracting State shall have the right to refuse permission to the aircraft of other contracting States to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Each contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exclusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State. SECTION 5 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 6 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 The contracting States accept this Agreement as abrogating all obligations and understandings between them which are inconsistent with its terms, and undertake not to enter into any such obligations and understandings. A contracting State which has undertaken any other obligations inconsistent with this Agreement shall take immediate steps to procure its release from the obligations. If an airline of any contracting State has entered into any such inconsistent obligations, the State of which it is a national shall use its best efforts to secure their termination forthwith and shall in any event cause them to be terminated as soon as such action can lawfully be taken after the coming into force of this Agreement. SECTION 2 Subject to the provisions of the preceding section, any contracting State may make arrangements concerning international air services not inconsistent with this Agreement. Any such arrangement shall be forthwith registered with the Council, which shall make it public as soon as possible. ARTICLE III Each contracting State undertakes that in the establishment and operation of through services due consideration shall be given to the interests of the other contracting States so as not to interfere unduly with their regional services or to hamper the development of their through services. ARTICLE IV SECTION 1 Any contracting State may by reservation attached to this Agreement at the time of signature or acceptance elect not to grant and receive the rights and obligations of Article 1, Section 1, paragraph (5), and may at any time after acceptance, on six months' notice, given by it to the Council, withdraw itself from such rights and obligations. Such contracting State may on six months' notice to the Council assume or resume, as the case may be, such rights and obligations. No contracting State shall be obliged to grant any rights under the said paragraph to any contracting State not bound thereby. SECTION 2 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 3 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 V This agreement shall remain in force as long as the above-mentioned 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 VI Pending the coming into force of the above-mentioned Convention, all references to it herein other than those contained in Article IV, Section 3, and Article VII 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 the Interim Council, respectively. ARTICLE VII For the purposes of this Agreement, "territory" shall be defined as in Article 2 of the above-mentioned Convention. ARTICLE VIII 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 date 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. (d) Protocol Relating to an Amendment to the Convention on International Civil Aviation May 27, 1947(4) TEXT OF PROTOCOL The Assembly of the International Civil Aviation Organization, Having been convened at Montreal by the Interim Council of the Provisional International Civil Aviation Organization, and having met in its First, Session on May 6th 1947, and Having considered it advisable to amend the Convention on International Civil Aviation done at Chicago on December 7th 1944, Approved on the thirteenth day of May of the year one thousand nine hundred and forty-seven, in accordance with the provisions of Article 94 (a) of the Convention on International Civil Aviation done fit Chicago on December 7th 1944, the following proposed amendment to the said Convention which shall be numbered as " Article 93 bis": "Article 93 bis" (A) Notwithstanding the provisions of Articles 91, 92 and 93, above, (1) A State whose government the General Assembly of the United Nations has recommended be debarred from membership in international agencies established by or brought into relationship with the United Nations shall automatically cease to be a member of the International Civil Aviation Organization; (2) A State which has been expelled from membership in the United Nations shall automatically cease to be a member of the International Civil Aviation Organization unless the General Assembly of the United Nations attaches to its act of expulsion a recommendation to the contrary. (B) A State which ceases to be a member of the International Civil Aviation Organization as a result of the provisions of paragraph (A) above may, after approval by the General Assembly of the United Nations, be readmitted to the International Civil Aviation Organization upon application and upon approval by a majority of the Council. (C) Members of the Organization which are suspended from the exercise of the rights and privileges of membership of the United Nations shall, upon the request of the latter, be suspended from the rights and privileges of membership in this Organization", Specified on the sixteenth day of May of the year one thousand nine hundred and forty-seven, pursuant to the provisions of the said Article 94 (a) of the said Convention, that the above mentioned amendment shall come into force when ratified by twenty-eight Contracting States, and Instructed at the same date the Secretary General of the International Civil Aviation Organization to draw up a Protocol embodying this proposed amendment and to the following effect, which Protocol shall be signed by the President and the Secretary General of the First Assembly. Consequently, pursuant to the aforesaid action of the Assembly, The present Protocol shall be subject to ratification by any State which has ratified or adhered to the said Convention. The instruments of ratification shall be transmitted to the Secretary General of the International Civil Aviation Organization for deposit in the archives of the Organization; the Secretary General of the Organization shall immediately notify all Contracting States of the date of deposit of each ratification; The aforesaid proposed amendment of the Convention shall come into force, in respect of the States which have ratified this Protocol, on the date on which the twenty-eighth instrument of ratification is deposited. The Secretary General of the Organization shall immediately notify all the States parties to or signatories of the said Convention of the date on which the proposed amendment comes into, force; The aforesaid proposed amendment shall come into force in respect of each State ratifying after that date upon deposit of its instrument of ratification in the archives of the Organization. In faith whereof the President and the Secretary General of the First Assembly of the International Civil Aviation Organization, being authorized thereto by the Assembly, sign this present Protocol. Done at Montreal on the twenty-seventh day of May of the year one thousand nine hundred and forty-seven in a single document in the English, French and Spanish languages, each being equally authentic. This Protocol shall remain deposited in the archives of the International Civil Aviation Organization; and certified copies thereof shall be transmitted by the Secretary General of the Organization to all States parties to or signatories of the Convention on International Civil Aviation done at Chicago on December 7th 1944. ARTHUR S. DRAKFFORD President of the First AssemblyALBERT ROPERSecretary General of the First Assembly1 International Civil Aviation Conference, Chicago, Ill., November 1-December 7, 1944:Final Act and Related Documents, pp. 71-78, 86, Department of State publication 2282, Conference Series 64; also, Convention on International Civil Aviation, Department of State publication 2816, Treaties and Other International Acts Series 1591. Convention ratified by President of the United States August 6, 1946; effective April 4,1947. Draft agreement of relationship between ICAO and the United Nations was approved by the General Assembly on December 14, 1946 subject, however, to compliance by ICAO with any decision of the GA regarding the Franco Government of Spain. Back 2 The President accepted this agreement on behalf of the United States on February 8, 1945. Back 3 The President accepted this agreement on behalf of the United States on February 8, 1945. On July 25, 1946, the United States gave notice of the withdrawal of its acceptance. Back 4 S. Exec. GG, 80th Cong., 1st sess. Department of State Bulletin of July 27, 1947, pp. 175-177. As of December 31, 1949, the Senate had taken no action on the protocol. Back

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      1. DEEDS, CHARACTER, AND DESTINY THERE is, and always has been, a widespread belief in Fate, or Destiny, that is, in an eternal and inscrutable Power which apportions definite ends to both individuals and nations. This belief has arisen from long observation of the facts of life. Men are conscious that there are certain occurrences which they cannot control, and are powerless to avert. Birth and death, for instance, are inevitable, and many of the incidents of life appear equally inevitable. Men strain every nerve for the attainment of certain ends, and gradually they become conscious of a Power which seems to be not of themselves, which frustrates their puny efforts, and laughs, as it were, at their fruitless striving and struggle. As men advance in life, they learn to submit, more or less, to this overruling Power which they do not understand, perceiving only its effects in themselves and the world around them, and they call it by various names, such as God, Providence, Fate, Destiny, etc. Men of contemplation, such as poets and philosophers, step aside, as it were, to watch the movements of this mysterious Power as it seems to elevate its favorites on the one hand, and strike down its victims on the other, without reference to merit or demerit. The greatest poets, especially the dramatic poets, represent this Power in their works, as they have observed it in Nature. The Greek and Roman dramatists usually depict their heroes as having foreknowledge of their fate, and taking means to escape it; but by so doing they blindly involve themselves in a series of consequences which bring about the doom which they are trying to avert. Shakespeare's characters, on the other hand, are represented, as in Nature, with no foreknowledge (except in the form of presentiment) of their particular destiny. Thus, according to the poets, whether the man knows his fate or not, he cannot avert it, and every conscious or unconscious act of his is a step towards it. Omar Khayyam's Moving Finger is a vivid expression of this idea of Fate: "The Moving Finger writes, and having writ, Moves on: nor all thy Piety nor Wit Shall lure it back to cancel half a line, Nor all thy Tears wash out a Word of it." Thus, men in all nations and times have experienced in their lives the action of this invincible Power or Law, and in our nation today this experience has been crystallized in the terse proverb, "Man proposes, God disposes." But, contradictory as it may appear, there is an equally widespread belief in man's responsibility as a free agent. All moral teaching is an affirmation of man's freedom to choose his course and mold his destiny: and man's patient and untiring efforts in achieving his ends are declarations of consciousness of freedom and power. This dual experience of fate on the one hand, and freedom on the other, has given rise to the interminable controversy between the believers in Fatalism and the upholders of free will —a controversy which was recently revived under the term "Determinism versus Freewill." Between apparently conflicting extremes there is always a "middle way" of balance, justice, or compensation which, while it includes both extremes, cannot be said to be either one or the other, and which brings both into harmony; and this middle way is the point of contact between two extremes. Truth cannot be a partisan, but, by its nature, is the Reconciler of extremes; and so, in the matter which we are considering, there is a "golden mean" which brings Fate and Free will into close relationship, wherein, indeed, it is seen that these two indisputable facts in human life, for such they are, are but two aspects of one central law, one unifying and all-embracing principle, namely, the law of causation in its moral aspect. Moral causation necessitates both Fate and Free will, both individual responsibility and individual predestination, for the law of causes must also be the law of effects, and cause and effect must always be equal; the train of causation, both in matter and mind, must be eternally balanced, therefore eternally just, eternally perfect. Thus every effect may be said to be a thing preordained, but the predetermining power is a cause, and not the fiat of an arbitrary will. Man finds himself involved in the train of causation. His life is made up of causes and effects. It is both a sowing and a reaping. Each act of his is a cause which must be balanced by its effects. He chooses the cause (this is Free will), he cannot choose, alter, or avert the effect (this is Fate); thus Free will stands for the power to initiate causes, and destiny is involvement in effects. It is therefore true that man is predestined to certain ends, but he himself has (though he knows it not) issued the mandate; that good or evil thing from which there is no escape, he has, by his own deeds, brought about. It may here be urged that man is not responsible for his deeds, that these are the effects of his character, and that he is not responsible for the character, good or bad, which was given him at his birth. If character was "given him" at birth, this would be true, and there would then be no moral law, and no need for moral teaching; but characters are not given ready made, they are evolved; they are, indeed, effects, the products of the moral law itself, that is— the products of deeds. Character result of an accumulation of deeds which have been piled up, so to speak, by the individual during his life. Man is the doer of his own deeds; as such he is the maker of his own character; and as the doer of his deeds and the maker of his character, he is the molder and shaper of his destiny. He has the power to modify and alter his deeds, and every time he acts he modifies his character, and with the modification of his character for good or evil, he is predetermining for himself new destinies— destinies disastrous or beneficent in accordance with the nature of his deeds. Character is destiny itself; as a fixed combination of deeds, it bears within itself the results of those deeds. These results lie hidden as moral seeds in the dark recesses of the character, awaiting their season of germination, growth, and fruitage. Those things which befall a man are the reflections of himself; that destiny which pursued him, which he was powerless to escape by effort, or avert by prayer, was the relentless ghoul of his own wrong deeds demanding and enforcing restitution; those blessings and curses which come to him unbidden are the reverberating echoes of the sounds which he himself sent forth. It is this knowledge of the Perfect Law working through and above all things; of the Perfect Justice operating in and adjusting all human affairs, that enables the good man to love his enemies, and to rise above all hatred, resentment, and complaining; for he knows that only his own can come to him, and that, though he be surrounded by persecutors, his enemies are but the blind instruments of a faultless retribution; and so he blames them not, but calmly receives his accounts, and patiently pays his moral debts. But this is not all; he does not merely pay his debts; he takes care not to contract any further debts. He watches himself and makes his deeds faultless. While paying off evil accounts, he is laying up good accounts. By putting an end to his own sin, he is bringing evil and suffering to an end. And now let us consider how the Law operates in particular instances in the outworking of destiny through deeds and character. First, we will look at this present life, for the present is the synthesis of the entire past; the net result of all that a man has ever thought and done is contained within him. It is noticeable that sometimes the good man fails and the unscrupulous man prospers— a fact which seems to put all moral maxims as to the good results of righteousness out of account— and because of this, many people deny the operation of any just law in human life, and even declare that it is chiefly the unjust that prosper. Nevertheless, the moral law exists, and is not altered or subverted by shallow conclusions. It should be remembered that man is a changing, evolving being. The good man was not always good; the bad man was not always bad. Even in this life, there was a time, in a large number of instances, when the man who is now just, was unjust; when he who is now kind, was cruel; when he who is now pure, was impure. Conversely, there was a time in this life, in a number of instances, when he who is now unjust, was just; when he who is now cruel, was kind; when he who is now impure, was pure. Thus, the good man who is overtaken with calamity today is reaping the result of his former evil sowing; later he will reap the happy result of his present good sowing; while the bad man is now reaping the result of his former good sowing; later he will reap the result of his present sowing of bad. Characteristics are fixed habits of mind, the results of deeds. An act repeated a large number of times becomes unconscious, or automatic— that is, it then seems to repeat itself without any effort on the part of the doer, so that it seems to him almost impossible not to do it, and then it has become a mental characteristic. Here is a poor man out of work. He is honest, and is not a shirker. He wants work, and cannot get it. He tries hard, and continues to fail. Where is the justice in his lot? There was a time in this man's condition when he had plenty of work. He felt burdened with it; he shirked it, and longed for ease. He thought how delightful it would be to have nothing to do. He did not appreciate the blessedness of his lot. His desire for ease is now gratified, but the fruit for which he longed, and which he thought would taste so sweet, has turned to ashes in his mouth. The condition which he aimed for, namely, to have nothing to do, he has reached, and there he is compelled to remain till his lesson is thoroughly learned. And he is surely learning that habitual ease is degrading, that to have nothing to do is a condition of wretchedness, and that work is a noble and blessed thing. His former desires and deeds have brought him where he is; and now his present desire for work, his ceaseless searching and asking for it, will just as surely bring about its own beneficent result. No longer desiring idleness, his present condition will, as an effect, the cause of which is no longer propagated, soon pass away, and he will obtain employment; and if his whole mind is now set on work, and he desires it above all else, then when it comes he will be overwhelmed with it; it will flow in to him from all sides, and he will prosper in his industry. Then, if he does not understand the law of cause and effect in human life, he will wonder why work comes to him apparently unsought, while others who seek it strenuously fail to obtain it. Nothing comes unbidden; where the shadow is, there also is the substance. That which comes to the individual is the product of his own deeds. As cheerful industry leads to greater industry and increasing prosperity, and labor shirked or undertaken discontentedly leads to a lesser degree of labor and decreasing prosperity, so with all the varied conditions of life as we see them— they are the destinies wrought by the thoughts and deeds of each particular individual. So also with the vast variety of characters— they are the ripening and ripened growth of the sowing of deeds. As the individual reaps what he sows, so the nation, being a community of individuals, reaps also what it sows. Nations become great when their leaders are just men; they fall and fade when their just men pass away. Those who are in power set an example, good or bad, for the entire nation. Great will be the peace and prosperity of a nation when there shall arise within it a line of statesmen who, having first established themselves in a lofty integrity of character, shall direct the energies of the nation toward the culture of virtue and development of character, knowing that only through personal industry, integrity, and nobility can national prosperity proceed. Still, above all, is the Great Law, calmly and with infallible justice meting out to mortals their fleeting destinies, tear-stained or smiling, the fabric of their hands. Life is a great school for the development of character, and all, through strife and struggle, vice and virtue, success and failure, are slowly but surely learning the lessons of wisdom.

      1. DEEDS, CHARACTER, AND DESTINY THERE is, and always has been, a widespread belief in Fate, or Destiny, that is, in an eternal and inscrutable Power which apportions definite ends to both individuals...
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