The interim agreement provisions differ from those of the convention only in so far as arises from their temporary and interim character. The principles enunciated and the organisations set up are essentially the same. I propose to confine my remarks in explanation of the convention to the provisions which might be regarded as of special interest to this country, or as having a bearing upon our present practice or legislation.
Chapter 1 of the convention states certain important principles relating to the sovereignty of the air. It defines State territory for the purposes of the convention; provides for the proper use of civil aviation; and limits the convention to civil aircraft only. Chapter 2 states the conditions governing flight over the territories of contracting States. Aircraft engaged upon non-scheduled flights are given general permission to fly into and across national territories without prior permission. They are given permission to make stops for non-traffic purposes. Scheduled air services, however, will require special authorisations. The right of internal transport is reserved to each State, and that right cannot be granted to another State on an exclusive basis. The right to declare prohibited areas is protected. Aircraft may be required to land on or take off from designated customs airports. Airport and similar charges are to be applied on a non-discriminatory basis, such charges being subject to review by the council set up under chapter 9 of the convention.
Chapter 4 deals with measures to facilitate air navigation, including the application so far as practicable of customs, immigration and general air navigation procedures in accordance with the standards and practices established or recommended under the convention from time to time. It provides for the exemption of aircraft engaged in international transport from customs duties, and makes provision concerning measures of assistance to aircraft in distress, as well as provision-for the investigation of accidents. Chapter 7 in Part II of the convention sets up an international organisation. The organisation is made up of an assembly, a council, and such other bodies as may be necessary. It is provided that the first meeting of the assembly will take place as soon as the convention comes into force. The permanent seat of the organisation remains unsettled until the end of the interim period.
Chapter 8 deals with the meetings of the assembly, and with its powers, duties and system of voting. It is provided that all contracting States shall have equal right to be represented at meetings and that each State shall have one vote. It is further provided that a majority of the contracting States constitutes a quorum and that decisions of the assembly will be taken by a majority of the votes cast. Chapter 9 deals with the composition, functions and election of the council as well as its president and system of voting. The council consists of 21 States elected by the assembly for a period of three years. In the election, the assembly is required to give adequate representation to States of chief importance in air transport, States making the largest contribution to the provision of facilities for international aviation and States of major geographical importance. Decisions by the council require the approval of the majority of its members. It is provided that any contracting State may participate in the council on any question which especially affects its interests.
Chapter 13 provides that the organisation may enter into appropriate arrangements with any general world security organisation, or with other international bodies. Chapter 15 deals with airports and other air navigation facilities, and provides for the council promoting the improvement of air navigation facilities and making arrangements with a contracting State, if the State should so desire, for the financing of new facilities and improvements. Chapter 16 permits joint operating organisations between contracting States and empowers the council to suggest the formation of such organisations to States. Chapter 17 requires States to denounce the Paris Convention or the Habana Convention, as the case may be, upon the coming into force of the Chicago Convention, and also requires the registration of all aeronautical agreements then existing, as well as the abrogation of arrangements inconsistent with the convention.
Chapter 19 states that, in case of war or national emergency, the provisions of the convention are not to affect the freedom of action of a contracting State, whether a belligerent or neutral. Chapter 21 provides that the members of the United Nations and neutral States may adhere to the convention. Other States may be admitted to participation in the convention, subject to approval by any general international security organisation and on a four-fifths vote of the assembly; but it is provided that in each case the assent of any State invaded or attacked during the present war by the State seeking admission is necessary.
The major differences between the new permanent convention and the Paris Convention of 1919, to which this country is at present a party, are the constitution of a council as well as an assembly, the inclusion of certain matters relating to air transport within the province of the new organisation, the specific power given the organisation to enter into arrangements with other international bodies, including any world security organisation, and the establishment of and improvement of air navigation facilities by arrangement between a contracting State and the council under which the council provides the finance.
The necessity for international regulation of aircraft has always been recognised and the law of air navigation is based on international agreement. Aircraft, by reason of their speed and extensive range of operation, find no physical restriction in national boundaries. It follows that whatever regulations might seem desirable should be by the common consent of nations. A convention for the regulation of aerial navigation was drawn up in Paris in October, 1919, and this country has been and is a party to that convention. In 1939, there were 32 States parties to the Paris Convention. Of the States in the American Continent, only Canada, the Argentine and Peru were parties to the Paris Convention.
In 1928, another convention dealing with civil aviation was drawn up at Habana and the United States and ten other States in Central and South America later ratified that convention. The assembly in Chicago of 54 nations, amongst them being almost all the signatories to the two existing conventions, provided an opportunity for the consideration of a single convention on civil aviation which could be observed in all continents. The conference addressed itself, amongst other matters, to a revision of the public law of the air and to a re-drafting of the articles of the existing conventions in a form which made them acceptable to a greater number of States.
The convention, which was drawn up at Chicago, is intended to replace-both the Paris and Habana conventions, so that on its entry into force international co-operation on civil aviation will be expressed in the one instrument. In the documents before the House, there is little or no change in the basic principles contained in the Paris convention. The already well-recognised principle of inter national law of the complete and exclusive sovereignty of each State over the air space of its territory is confirmed. In accepting these instruments, each State incurs certain rights and obligations in the belief that it is promoting, in the words of the Preamble to the Convention, "that co-operation between nations and peoples upon which the peace of the world depends," and "the development of international civil aviation in a safe and orderly manner."
At Chicago, for the first time, an international conference on civil aviation considered the possibility of settling the international regulation of air transport as distinct from air navigation. Air transport might be defined as the aviation activity which is concerned with the carriage of passengers and cargoes for hire or reward. Air navigation covers all other aspects of civil aviation activity. As might have been expected, the proposal to introduce the operation and economics of air transport into a code of international law raised many problems. After weeks of discussion of these problems it became clear that the necessary general agreement on measures to regulate international air transport was not forthcoming. The convention, accordingly, deals almost entirely with air navigation. It contains no provision on the contentious issues of the freedoms or privileges of the air, or on the adjustment of airline capacity to traffic offering or ancillary matters which were debated at Chicago. While the differences which arose at the conference on air transport matters received most publicity, most valuable work was done on the air navigation side, and resulted in general agreement on the two documents which are now before the House.
The new convention represents a considerable advance in the field of civil aviation. It is to be completed by the attachment of technical annexes which, in themselves, constitute a considerable achievement. The time available was too limited, however, to permit of carrying the technical discussions to a final conclusion, as the matters dealt with involved problems of great variety and complexity, and in many cases new ground was being broken. There was general agreement that the largest possible degree of international standardisation of practice is important to safe, expeditious and easy air navigation. Accordingly, the technical annexes, while shaped at the conference into final form, are to be regarded as drafts for immediate and continuing study by the States participating in the conference. The final views of the States on the technical drafts are to be forwarded to the United States Government or to the Interim International Council, and it is expected that further meetings of the technical committees, to be held in this year, will produce the annexes in final form for attachment to the convention.
I have already referred to the privileges or, as they are commonly known, the freedoms of the air, the grant of some or all of which is a fundamental element of commercial air operation. These freedoms of the air have been defined under five headings: (1) the right to fly over another State's territory without landing; (2) the right to land for non-traffic purposes, for example, for purposes of refuelling; (3) the right to disembark traffic coming from the country of origin of the air craft; (4) the right to embark traffic destined for the country of origin of the aircraft, and (5) the right to convey traffic between intermediate countries outside the country of origin of the aircraft on an international air route.
The mode of treatment of these freedoms of the air in the new convention gave rise to two major proposals. One viewpoint, of which the United Kingdom was the main protagonist, was that the new international organisation should be given powers of regulation over international air transport, powers which would include the determination of the maximum traffic capacity to be made available by countries operating on any particular international route, the distribution of that capacity between the countries concerned and the fixing of rates of carriage in relation to standards of speed and accommodation. Traffic capacity may be defined as the amount of space available for the carriage of passengers, goods and mails.
If there had been agreement to vest in the new international organisation that power of regulation of air transport, presumably the first four freedoms, as I have defined them—the right to fly over national territories, the right to land for non-traffic purposes, the rights to embark and disembark traffic to and from the country of origin of the aircraft—would have been included in the new convention, and it would have been proposed that the rights arising thereunder should be granted on a multilateral basis between the nations signing the convention, the fifth freedom—the right to convey traffic between intermediate countries on an international route—remaining for negotiation between the countries directly concerned.
The other proposal, for which the United States was the main advocate, envisaged an international organisation alike in constitution but differing in its powers. The proposal was for a purely consultative international organisation without powers of limitation upon air transport operation and for the multilateral grant of the first two freedoms only—that is, the right to fly over national territory and to make stops for non-traffic purposes—the grant of the other freedoms of the air to be a matter for bilateral negotiation between the nations concerned. The ebb and flow of the discussions at Chicago saw modifications accepted in both proposals but ultimately there still remained a difference which was basic enough to prevent reconciliation of the conflicting proposals. As I have stated, the convention, the multilateral instrument which was finally agreed and which we are now asking the Dáil to ratify, does not include provisions covering the five freedoms and commercial operation, so that the position which obtained under the Paris Convention still exists, namely, the prior authorisation of each State is necessary before a regular international air service may be operated.