1919. CONVENTION FOR THE REGULATION OF AERIAL NAVIGATION. Signed at Paris October 13, 1919; in force for ratifying states on July 11, 1922, the 40th day after the signing of the procès-verbal of deposit of ratifications.1 (League of Nations, Treaty Series, XI, p. 173.) While the convention is dated October 13, 1919, the signature of the convention, by its terms, was left open until April 12, 1920, and this time was subsequently prolonged until June 1. 1920. Between October 13, 1919, and June 1, 1920, the convention was signed on the part of the United States, the British Empire, France, Italy. Japan, Belgium, Bolivia, Brazil, China, Cuba, Ecuador, Greece, Guatemala, Panama, Poland, Portugal, Rumania, the Kingdom of the Serbs, Croats, and Slovenes, Siam, Czchoslovakia, and Uruguay. The convention has been ratified by the British Empire, France, Japan, Belgium, Bolivia, Greece, Portugal, the Kingdom of the Serbs, Croats and Slovenes, and Siam. and their instruments of ratification were deposited with the Government of the French Republic on June 1, 1922. The convention provides that it will come into force for each signatory power in respect of other powers which have ratified it 40 days from the date of the deposit of its ratification: so that the treaty went into effect, with respect to the countries which deposited their ratificaions as above, on July 11, 1922. It is also in effect with respect to Nicaragua, Peru, Liberia, and Persia, which have given their adherence to it. The convention was signed on the part of the United States on May 31, 1920, by Ambassador Wallace, under full powers issued to him by President Wilson. In signing the convention Mr. Wallace made the following declaration on behalf of the Gor ernment of the United States: "The United States especially reserves, with regard to Article 3, the right to permit its private aircraft to fly over areas over which private aircraft of other contracting states may be forbidden to fly by the laws of the United States any provision of said Article 3 to the contrary notwithstanding. The United States reserves complete freedom of action as to customs matters and does not consider itself bound by the provisions of Annex H or any articles of the Convention affecting the enforcement of its customs laws. The United States reserves the right to enter into special treaties, conventions and agreements regarding aerial navigation with the Dominion of Canada, and, of any country in the Western Hemisphere if such Dominion and/or country be not a party to this Convention." ARTICLES-Continued. Chapter V. Rules to be observed on departure, when under way and on landing. 19. Documents for international navigation. 20. Preservation of log books. 22. Assistance for landing. 24. Public aerodromes open to all contractants; single tariff. 25. Compliance with regulations. Chapter VI. Prohibited transport. 26. Carriage of explosives, arms, munitions of war forbidden. 27. Photographic apparatus may be prohibited or regulated. 28. Carriage of other objects may be restricted. 29. Restrictions to apply equally to all. Chapter VII. State aircraft. 30. Definition. 31. Military aircraft. 32. Treatment of military aircraft. 33. Arrangements for police and customs aircraft crossing Chapter VIII. International Commission for Air Navigation. 34. Institution of commission; 35. International measures to be 37. Procedure for disputes as to 39. Convention completed by Annexes (A) to (H). 40. British Dominions and India deemed to be conventional States; protectorates or mandated territories assimilated for conventional purposes to protecting or mandatory States. 41. Adhesion of States not participating in war of 1914-1919. 42. Adhesion of States participating in war of 1914-1919 and not signatory. 43. Denunciation; ratification; entrance into force. On the same day he signed the convention, namely May 31, 1920, Ambassador Wallace signed also the additional protocol to the convention, dated May 1, 1920. In signing the protocol Mr. Wallace made the following interpretative reservation on behalf of the Government of the United States: "The United States signs the above Protocol with the understanding that its construction and enforcement shall in no way derogate from the entire freedom of the United States to negotiate with noncontracting States of the Western Hemis phere as regards the regulation and control of aerial navigation as set forth in the Third Reservation of the United States to the Convention." On September 10, 1920, the conference of ambassadors at Paris approved a recommendation made by the aerial commission that the reservations made by the United States be referred for study to the International Commission for Air Navigation, provided for by article 34 of the convention; and although this commission has been established and has held several meetings, it is not yet publicly known whether it has decided upon any recommendations to the Government of the United States regarding the acceptance of the reservations, other than may be inferred from the following: At its second session, held at London, the International Commission for Aerial Navigation, in virtue of the authority conferred upon it by article 34 of the convention, approved. on October 25, 1922. for submission to the Governments for their acceptance an amended article 5 of the convention, to be worded in its English text as follows: 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, unless it has concluded a special convention with the State in which the aircraft is registered. The stipulations of such special convention must not infringe the rights of the contracting parties to the present Convention and must conform to the rules laid down by the said Convention and its annexes. Such special convention shall be communicated to the International Commission for Air Navigation which will bring it to the knowledge of the other contracting States." This proposed amendment, the submitted protocol provides, "will go into effect as soon as the States that are now contracting parties to the convention shall have effected the deposit of their ratifications." MAY 18, 1923. ARTICLES-Continued. Annex (A). The marking of aircraft. Section II. Location of marks. nationality marks. Section IV. Measurements of nationality and registration marks. Section V. Measurement, type of letters, etc. Section VI. Spacing between nationality and registration marks. Section VII. Maintenance. Section VIII. Table of marks. Annex (B). Certificates of airworthi ness. Annex (C). Log books.. Section L. Journey log. Section II. Aircraft log. Section V. Instructions for use of Annex (D). Rules as to lights and signals. Rules of the air. Definitions. Section I. Rules as to lights (1-13). Section II. Rules as to signals (14-20). Section III. Rules of the air (21-34). Section IV. Ballast (35). Section V. Rules for air traffic on and in the vicinity of aerodromes (36-48). Section VI. General (49-51). Annex (E). Minimum qualifications necessary for obtaining certificates as pilots and navigators. - Section I. Certificates for pilots of flying machines. Section II. Certificates for pilots of balloons. Section III. Certificates for air ship officer pilots. Section IV. Certificates for navi- Section V. Medical certificates. ments for air navigation. Section II. Universal system of Annex (G). Collection and dissemina- Appendix IV. General form in Annex (H). Customs. General provisions (1-8). Regulations applicable to aircraft and goods (9-11). Air transit (12). Various provisions (13-17). The United States of America, Belgium, Bolivia, Brazil, the British Empire, China, Cuba, Ecuador, France, Greece, Guatemala, Haïti, the Hedjaz, Honduras, Italy, Japan, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Roumania, the Serb-Croat-Slovene State, Siam, Czecho-Slovakia and Uruguay, Recognising the progress of aerial navigation, and that the estab lishment of regulations of universal application will be to the interest of all; Appreciating the necessity of an early agreement upon certain principles and rules calculated to prevent controversy; Desiring to encourage the peaceful intercourse of nations by means of aerial communication; Have determined for these purposes to conclude a Convention, and have appointed as their Plenipotentiaries the following, reserving the right of substituting others to sign the same Convention:THE PRESIDENT OF THE UNITED STATES OF AMERICA: The Honourable Frank Lyon Polk, Under-Secretary of State; HIS MAJESTY THE KING OF THE BELGIANS: Mr. Paul Hymans, Minister for Foreign Affairs, Minister of THE PRESIDENT OF THE REPUBLIC OF BOLIVIA: Mr. Ismaël Montes, Envoy extraordinary and Minister Plenipotentiary of Bolivia at Paris; THE PRESIDENT OF THE REPUBLIC OF BRAZIL: Mr. Olyntho de Magalhães, Envoy extraordinary and Minister HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN The Right Honourable David Lloyd George, M. P., First Lord of the Treasury and Prime Minister; and For the DOMINION OF CANADA, by The Honourable Sir Albert Edward Kemp, K.C.M.G., Minister of the Overseas Forces; For the COMMONWEALTH OF AUSTRALIA, by The Honourable George Foster Pearce, Minister of Defence; For the UNION OF SOUTH AFRICA, by The Right Honourable Viscount Milner, G.C.B., G.C.M.G.; For the DOMINION OF NEW ZEALAND, by The Honourable Sir Thomas Mackenzie, K.C.M.G., High Commissioner for New Zealand in the United Kingdom; For INDIA, by The Right Honourable Baron Sinha, K.C., Under-Secretary of State for India; THE PRESIDENT OF THE CHINESE REPUBLIC: Mr. Vikyiun Wellington Koo, Envoy extraordinary and Minister THE PRESIDENT OF THE CUBAN REPUBLIC: Mr. Antonio Sanchez de Bustamante, Dean of the Faculty of Law in the University of Havana, President of the Cuban Society of International Law; THE PRESIDENT OF THE REPUBLIC OF ECUADOR: Mr. Enrique Dorn y de Alsúa, Envoy extraordinary and Minister THE PRESIDENT OF THE FRENCH REPUBLIC: Mr. Georges Clemenceau, President of the Council, Minister of HIS MAJESTY THE KING OF THE HELLENES: Mr. Nicolas Politis, Minister for Foreign Affairs; THE PRESIDENT OF THE REPUBLIC OF GUATEMALA: Mr. Joaquim Mendez, formerly Minister of State for Public Works and Public Instruction, Envoy extraordinary and Minister Plenipotentiary of Guatemala at Washington, Envoy extraordinary and Minister Plenipotentiary on special mission at Paris; THE PRESIDENT OF THE REPUBLIC OF HAÏTI: Mr. Tertullien Guilbaud, Envoy extraordinary and Minister HIS MAJESTY THE KING OF THE HEDJAZ: Mr. Rustem Haîdar; |