CHAPTER IV

CONVENTION RELATING TO INTERNATIONAL AIR NAVIGATION

T

HE following convention relative to International Air Navigation was drafted by the Aeronautical Commission of the Peace Conference.

The Commission was composed of the following delegates: Two representatives of each of the principal Powers, United States of America, British Empire, France, Italy and Japan.

One representative of each of the following seven Powers with limited interests, designated by the Supreme Council, namely Belgium, Brazil, Cuba, Greece, Portugal, Roumania and Serbia, who were to represent all the Powers with limited interests assembled at the Peace Conference.

The representatives designated by the United States were:- on the Commission, Rear Admiral H. S. Knapp, U. S. N., and Major General M. M. Patrick, U. S. A.; on the Military Sub-committee, Brigadier General B. D. Foulois, U. S. A., and Captain Luke MacNamee, U. S. N.; on the Technical Sub-committee, Lieutenant-Colonel A. D. Butterfield, U. S. A., Lieutenant-Commander J. L. Callan, U. S. N., and Lieutenant Ralph Kiely, U. S. N.; on the Legal, Commercial and Financial Sub-committees, Commander Pollock, U. S. N., and Major H. S. Bacon, A.S., U. S. A.

On October 13th, 1919, delegates representing sixteen of the Allied Powers, namely, Belgium, Bolivia, Brazil, Great Britain, China, Cuba, Ecuador, France, Italy, Panama, Poland, Portugal, Roumania, Siam, Czecho-Slovakia and Uruguay, signed the International Air Navigation Convention.

Germany, Austria and Bulgaria, under the terms of the peace treaties of Versailles, St. Germain and Neuilly, are held to observe the stipulations of the Convention.

If the United States becomes signatory to the Convention it will become the foundation of a body of law governing aerial activity in this country. It is hoped that before another year this important question will be settled and that we may publish in the next "Year Book" the complete text of the approved International Convention, as well as additional laws governing domestic operation of aircraft. At the request of the American Aviation Mission a special com

mittee of the Manufacturers Aircraft Association made a thorough study of an early draft of the Convention and the later draft of this instrument incorporated several of the changes suggested by this committee.

CONVENTION RELATING TO INTERNATIONAL AIR NAVIGATION

CHAPTER I

GENERAL PRINCIPLES

ARTICLE 1.- The High contracting Parties recognise that every Power has complete and exclusive sovereignty over the air space above its territory.

For the purpose of the present Convention the territory of a State shall be understood as including the national territory, both that of the mother country and of the colonies, and the territorial waters adjacent thereto.

ARTICLE 2. Each contracting State undertakes in time of peace to accord freedom of innocent passage above its territory to the aircraft of the other contracting States, provided that the conditions laid down in the present Convention are observed.

Regulations made by a contracting State as to the admission over its territory of the aircraft of the other contracting States shall be applied without distinction of nationality.

ARTICLE 3. Each contracting State is entitled for military reasons or in the interest of public safety to prohibit the aircraft of the other contracting States, under the penalties provided by its legislation and subject to no distinction being made in this respect between its private aircraft and those of the other contracting States, from flying over certain areas of its territory.

In that case the locality and the extent of the prohibited areas shall be published and notified beforehand to the other contracting States.

ARTICLE 4.- Every aircraft which finds itself above a prohibited area shall, as soon as aware of the fact, give the signal of distress provided in Paragraph of Annex D and land as soon as possible outside the prohibited area at one of the nearest airdromes of the State unlawfully flown over.

CHAPTER II

NATIONALITY OF AIRCRAFT

ARTICLE 5.- No contracting State shall, except by a special and temporary authorization, permit the flight above its territory of an aircraft which does not possess the nationality of a contracting State.

ARTICLE 6.- Aircraft possess the nationality of the State on the register of which they are entered, in accordance with the provisions of Section I (c) of Annex A.

ARTICLE 7.- No aircraft shall be entered on the register of one of the contracting States unless it belongs wholly to nationals of such State.

No incorporated company can be registered as the owner of an aircraft unless it possess the nationality of the State in which the aircraft is registered, unless the President or chairman of the company and at least two-thirds of the direc

tors possess such nationality, and unless the company fulfils all other conditions which may be prescribed by the laws of the said State.

ARTICLE 8.— An aircraft cannot be validly registered in more than one State. ARTICLE 9.— The contracting States shall exchange every month among themselves and transmit to the International Commission for Air Navigation referred to in article 34 copies of registrations and of cancellations of registration which shall have been entered on their official registers during the preceding month.

ARTICLE 10.- All aircraft engaged in international navigation shall bear their nationality and registration marks as well as the name and residence of the owner in accordance with Annex A.

CHAPTER III

CERTIFICATES OF AIRWORTHINESS AND COMPETENCY

ARTICLE 11.— Every aircraft engaged in international navigation shall, in accordance with the conditions laid down in Annex B, be provided with a certificate of airworthiness issued or rendered valid by the State whose nationality it possesses.

ARTICLE 12. The commanding officer, pilots, engineers and other members of the operating crew of every aircraft shall, in accordance with the conditions laid down in Annex E, be provided with certificates of competency and licences issued or rendered valid by the State whose nationality the aircraft possesses.

ARTICLE 13.- Certificates of airworthiness and of competency and licences issued or rendered valid by the State whose nationality the aircraft possesses, in accordance with the regulations established by Annex B and Annex E and hereafter by the International Commission for Air Navigation, shall be recognised as valid by the other States.

Each State has the right to refuse to recognise for the purpose of flights within the limits of and above its own territory certificates of competency and licences granted to one of its nationals by another contracting State.

ARTICLE 14.- No wireless apparatus shall be carried without a special licence issued by the State whose nationality the aircraft possesses. Such apparatus shall not be used except by members of the crew provided with a special licence for the purpose.

Every aircraft used in public transport and capable of carrying ten or more persons shall be equipped with sending and receiving wireless apparatus when the methods of employing such apparatus shall have been determined by the International Commission for Air Navigation.

This Commission may later extend the obligation of carrying wireless apparatus to all other classes of aircraft in the conditions and according to the methods which it may determine.

CHAPTER IV

ADMISSION TO AIR NAVIGATION ABOVE FOREIGN TERRITORY

ARTICLE 15.- Every aircraft of a contracting State has the right to cross the air space of another State without landing. In this case it shall follow the route fixed by the State over which the flight takes place. However, for rea

sons of general security it will be obliged to land if ordered to do so by means of signals provided in Annex D.

Every aircraft which passes from one State into another shall, if the regulations of the latter State require it, land in one of the airdromes fixed by the latter. Notification of these airdromes shall be given by the contracting States to the International Commission for Air Navigation and by it transmitted to all the contracting States.

The establishment of international airways shall be subject to the consent of the States flown over.

ARTICLE 16.- Each contracting State shall have the right to establish reservations and restrictions in favour of its national aircraft in connection with the carriage of persons and goods for hire between two points on its territory.

ARTICLE 17.- The aircraft of a contracting State which establishes reservations and restrictions in accordance with Article 16, may be subjected to the same reservations and restrictions in any other contracting State, even though the latter State does not itself impose the reservations and restrictions on other foreign aircraft.

ARTICLE 18.- Every aircraft passing through the territory of a contracting State, including landing and stoppages reasonably necessary for the purpose of such transit, shall be exempt from any seizure from on the ground of infringement of patent, design or model, subject to the deposit of security the amount of which in default of amicable agreement shall be fixed with the least possible delay by the competent authority of the place of seizure.

CHAPTER V

RULES TO BE OBSERVED ON DEPARTURE WHEN UNDER WAY AND ON LANDING

ARTICLE 19.- Every aircraft engaged in international navigation shall be provided with:

(a.) A certificate of registration in accordance with Annex A;

(b.) A certificate of airworthiness in accordance with Annex B;

(c.) Certificates and licences of the commanding officer, pilots and crew in accordance with Annex E;

(d.) If it carries passengers, a list of their names;

(e.) If it carries freight, bills of lading and manifest;

(f.) Log books in accordance with Annex C;

(g.) If equipped with wireless, the special licence prescribed by Article 14. ARTICLE 20.—The log books shall be kept for two years after the last entry. ARTICLE 21.-Upon the departure or landing of an aircraft, the authorities of the country shall have, in all cases, the right to visit the aircraft and to verify all the documents with which it must be provided.

ARTICLE 22.- Aircraft of the contracting States shall be entitled to the same measures of assistance for landing, particularly in case of distress, as national aircraft.

ARTICLE 23.— With regard to the salvage of aircraft wrecked at sea the principles of maritime law will apply, in the absence of any agreement to the contrary. ARTICLE 24.- Every airdrome in a contracting State, which upon payment of

charges is open to public use by its national aircraft, shall likewise be open to the aircraft of all the other contracting States.

ARTICLE 25.- Each contracting State undertakes to adopt measures to ensure that every aircraft flying above the limits of its territory and that every aircraft wherever it may be, carrying its nationality mark, shall comply with the regulations contained in Annex D.

Each of the contracting States undertakes to ensure the prosecution and punishment of all persons contravening these regulations.

CHAPTER VI

PROHIBITED TRANSPORT

ARTICLE 26. The carriage by aircraft of explosives and of arms and munitions of war is forbidden in international navigation. No foreign aircraft shall be permitted to carry such articles between any two points in the same contracting State.

ARTICLE 27. Each State may, in aerial navigation, prohibit or regulate the carriage or use of photographic apparatus. Any such regulations shall be at once notified to the International Commission for Air Navigation, which shall communicate this information to the other Contracting States.

ARTICLE 28.- As a measure of public safety, the carriage of objects other than those mentioned in articles 26 and 27 may be subjected to restrictions by any contracting State. Any such regulations shall be at once notified to the International Commission for Air Navigation, which shall communicate this information to the other contracting States.

ARTICLE 29. All restrictions mentioned in Article 28 shall be applied equally to national and foreign aircraft.

CHAPTER VII

STATE AIRCRAFT

ARTICLE 30.- The following shall be deemed to be State aircraft:

(a.) Military aircraft.

(b.) Aircraft exclusively employed in State service, such as posts, customs, police.

Every other aircraft shall be deemed to be a private aircraft.

All state aircraft other than military, customs and police aircraft shall be treated as private aircraft and as such shall be subject to all the provisions of the present Convention.

ARTICLE 31.- Every aircraft commanded by a person in military service detailed for the purpose shall be deemed to be a military aircraft.

ARTICLE 32.- No military aircraft of a contracting State shall fly over the territory of another contracting State nor land thereon without special authorisation. In case of such authorisation the military aircraft shall enjoy, in principle, in the absence of special stipulation the privileges which are customarily accorded to foreign ships of war.

A military aircraft which is forced to land or which is requested or summoned to land shall by reason thereof acquire no right to the privileges referred to in the above paragraph.