579.6 D 1/221a

The Secretary of State to President Coolidge

The President: The undersigned the Secretary of State has the honor to lay before the President, with a view to its transmission to the Senate to receive the advice and consent of that body to its ratification, if his judgment approve thereof, the International Convention Relating to the Regulation of Aerial Navigation with Articles 5 and 34 amended as recommended by the International Commission for Air Navigation in the protocols of amendment approved by the Commission on October 27, 1922 and June 30, 1923, respectively. The protocols of amendments are transmitted with the Convention.

In consequence of two decisions of the Supreme Council of the Paris Peace Conference dated respectively March 12 and March 15, 1919, a Commission designated the Aeronautical Commission was organized to consider the question of regulating international air navigation. The objects of the Commission were stated to be as follows:

1.
To study all air questions which might be submitted to it by the Supreme Council of the Conference of the Peace.
2.
To study all air questions which the Commission might deem it their duty to submit to the Supreme Council of the Conference of the Peace.
3.
To draft a Convention relating to Air Navigation.

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, [Page 146] designated by the Supreme Council, namely, Belgium, Brazil, Cuba, Greece, Portugal, Rumania and Serbia, which were to represent all the Powers with limited interests assembled at the Peace Conference.

The United States was represented on the Commission by Admiral Knapp and General Patrick. For the purposes of drafting minutes, of the distribution of work to the Sub-Committees and of the collection of the reports of the Sub-Committees, the Commission appointed a secretariat composed of one secretary and one assistant secretary for each of the five great Powers. The representatives of the United States on the Secretariat of the Commission were Captain Morton and Lieutenant Kiely.

For the purpose of studying air questions on which the Commission presented reports to the Supreme Council of the Peace Conference, the Aeronautical Commission appointed three Sub-Committees. The representatives of the United States on these Sub-Committees were as follows:

  • Military Sub-Committee
    • Brigadier-General B. D. Foulois
    • Captain Luke MacNamee, U. S. N.
  • Technical Sub-Committee
    • President: Lieutenant-Colonel Butterfield
    • Members: Lieutenant-Colonel Butterfield
    • Lieutenant-Commander J. L. Callan, U. S. N., and
    • Lieutenant Ralph Kiely, U. S. N.
  • Legal, Commercial and Financial Sub-Committee
    • Commander Pollock, U. S. N.
    • Captain Bacon, A. S., U. S. N.
    • Lieutenant-Commander J. L. Callan, U. S. N.

As a result of the deliberations of the Aeronautical Commission a Convention was prepared and was signed by certain countries on October 13, 1919. The Convention lays down certain rules for the regulation of aircraft engaged in international traffic. Annexes to the Convention prescribe a number of technical rules and regulations regarding the marking of planes, the granting of certificates of airworthiness, qualifications of pilots, signals and other requirements intended to promote safety in international traffic by aircraft. The signature of the Convention was, by its terms, left open until April 12, 1920, and the time was subsequently prolonged until June 1, 1920. According to the records of the Department of State, between October 13, 1919 and June 1, 1920, the Convention was signed on the part of the following countries in addition to 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, Czechoslovakia and Uruguay.

[Page 147]

I am informed that the Convention, as well as the Additional Protocol of May 1, 1920, to the Convention, went into force on July 11, 1922, the following signatory States having deposited their ratifications: Belgium, Bolivia, The British Empire, France, Greece, Japan, Portugal, Kingdom of the Serbs, Croats and Slovenes, and Siam.

After the Convention as drafted had been thoroughly examined by representatives of the interested Departments of this Government it was decided to authorize Ambassador Wallace to sign the Convention and the Additional Protocol of May 1, 1920, with reservations as indicated below.

Article 3 of the Convention recognizes the right of each of the contracting States, 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 without distinction in this respect between its private aircraft and those of the other contracting States, from flying over certain areas of its territory. It was thought that the United States might desire to make some distinction between its own aircraft and that of other countries and that its private aircraft might conceivably be permitted to fly over areas forbidden to foreign aircraft. Ambassador Wallace was therefore instructed to make the following reservation to Article 3 at the time of signing the Convention:

“The United States expressly 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.”

Under Article 36 of the Convention, provisions relating to customs laws and regulations in connection with international air navigation are made the subject of a special agreement contained in Annex H of the Convention. The Treasury Department was consulted regarding this matter before the Convention was signed on behalf of the United States, and it advocated the making of a general reservation against including customs matters in the Convention. Accordingly, the following reservation was made with respect to customs:

“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.”

Article 5 of the Convention, as signed, provides that no contracting State shall, except by a special and temporary authorization, permit the flight above its territory of aircraft which does not possess the nationality of a contracting State.

[Page 148]

As to this article a reservation was made at the time of signing to the effect that the United States reserves the right to enter into special treaties, conventions and agreements regarding aerial navigation with any country of the Western Hemisphere not a party to the Convention.

In the Additional Protocol of May 1, 1920 to the Convention it is stated that the High Contracting Parties declare themselves ready to grant, at the request of signatory or adhering States who are concerned, certain derogations to Article 5 of the Convention, but only where they consider the reasons involved worthy of consideration. On the same day that he signed the Convention, namely, May 31, 1920, Ambassador Wallace signed the Additional Protocol of May 1, 1920, and in doing so made the following interpretative reservation:

“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 non-contracting States of the Western Hemisphere as regards the regulation and control of aerial navigation as set forth in the Third Reservation of the United States to the Convention.”

Article 34 provides for an International Commission for Air Navigation clothed with certain executive and administrative functions and charged with the duty, among others, of receiving proposals from and making proposals to the contracting states for modification or amendment of the provisions of the Convention; the collection and dissemination among the contracting parties of information concerning air navigation, wireless telegraphy, meteorology and medical science which may be of interest to air navigation, and the making of modifications in the annexes to the Convention, etc.

The Commission at a meeting held in London in October, 1922, recommended an amendment of Article 5 of the Convention, which if adopted would allow a contracting State under certain conditions to enter into special conventions with non-contracting States permitting the aircraft of the latter to fly over territory of the contracting State. The article if amended as recommended would read 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.”

[Page 149]

At a later meeting held in London in June 1923, the Commission proposed amendments to certain provisions of Article 34 of the Convention. These proposed amendments if adopted would effect certain modifications with respect to the procedure under which the representatives of the contracting States on the International Commission for Air Navigation would be permitted to cast their votes on questions coming under the jurisdiction of the Commission, and change the method of allocating the expenses of organization and operation of the Commission among the States represented thereon. The parts to be replaced, as well as the provisions to be substituted therefor, are as follows, the latter being indicated in the paragraphs underlined:33a

I. “Each of the five States first-named (Great Britain, the British Dominions and India counting for this purpose as one State) shall have the least whole number of votes which, when multiplied by five, will give a product exceeding by at least one vote the total number of the votes of all the other contracting States.

“All the States other than the five first named shall each have one vote. …”

Each State represented on the Commission (Great Britain, the British Dominions and India counting for this purpose as one State) shall have one vote.”

II. “Any modification of the provisions of any one of the Annexes may be made by the International Commission for Air Navigation when such modification shall have been approved by three-fourths of the total possible votes which could be cast if all the States were represented and shall become effective from the time when it shall have been notified by the International Commission for Air Navigation to all the contracting States.”*

Any modification of the provisions of any one of the Annexes may be made by the International Commission for Air Navigation when such modification shall have been approved by three-fourths of the total possible votes which could be cast if all the States were represented: this majority must, moreover, include at least three of the five following States: the United States of America, the British Empire, France, Italy, Japan. Such modification shall become effective from the time when it shall have been notified by the International Commission for Air Navigation to all the contracting States.

III. “The expenses of organization and operation of the International Commission for Air Navigation shall be borne by the contracting States in proportion to the number of votes at their disposal.”

The expenses of organization and operation of the International Commission for Air Navigation shall be borne by the contracting States: the total shall be allocated in the proportion of two shares each for the United States of America, the British Empire, Frame, Italy and Japan and one share each for all the other States.

[Page 150]

In addition to the provisions of the Convention and Protocol concerning which reservations were made as indicated above at the time the Convention and Protocol were signed by this Government, I consider it important to call your especial attention to certain other provisions as follows:

Under Article 34 of the Convention’ the International Commission for Air Navigation is placed under the direction of the League of Nations. It appears that it was proposed at the outset of the negotiations to make the Commission an integral part of the League and in some of the earlier drafts of the Convention, Article 35 indicated that this would be the status of the Commission. However, this plan was not adopted and it would seem from information recently obtained by the Department concerning the Commission’s relation to the League, that it is practically autonomous. The Department was informed in January of last year that there had been seven meetings of the full Commission, three in Paris, two in London, one in Brussels and one in Rome; that while the League was invited to have a representative present it was in fact represented at but two of the sessions.

In order, however, to meet any objection to ratification of the Convention because of the provision in Article 34 regarding the League it is suggested that the Senate might desire to have the resolution giving its advice and consent to ratification of the Convention contain a reservation on this point.

Article 37 of the Convention provides that in case of a disagreement between two or more States relating to the interpretation of the Convention the question in dispute shall be determined by the Permanent Court of International Justice. It therefore is suggested that the Senate may desire to include in the resolution giving its advice and consent to ratification a reservation concerning the Permanent Court of International Justice.

Accordingly, I would recommend that, if this course meets with your approval, the Senate be requested to take suitable action advising and consenting to the ratification of the International Convention Relating to the Regulation of Aerial Navigation with Articles 5 and 34 amended as proposed, upon the conditions and understandings outlined in the following suggested resolution to be made a part of the instrument of ratification:

Resolved (two thirds of the Senators present concurring therein), That the Senate advises and consents to the ratification on the part of the United States of the International Convention Relating to the Regulation of Aerial Navigation with Articles 5 and 34 amended as recommended by the International Commission for Air Navigation in the protocols of amendment approved by the Commission on October 27, 1922, and June 30, 1923, respectively, on the following conditions and understandings:

1.
The United States expressly reserves, with regard to Article 3, the right to permit its private aircraft to fly over areas over which [Page 151] 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.
2.
The United States reserves the right to enter into special treaties, conventions and agreements regarding aerial navigation with any country in the Western Hemisphere if such country be not a party to this Convention, without conforming to the provisions of Article 5 of the Convention.
3.
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.
4.
Ratification of the present Convention shall not be taken to involve any legal relation on the part of the United States to the League of Nations or the assumption of any obligation by the United States under the covenant of the League of Nations constituting Part I of the Treaty of Versailles.
5.
The United States reserves its freedom of action under Article 37 with respect to the submission to the Permanent Court of International Justice of any disagreement that may arise between the United States and any other State regarding the interpretation of the Convention.

In addition to the authenticated copies of the Convention and the Protocols of Amendment to Articles 5 and 34, I transmit herewith the following documents:

(1)
Tabulated statement showing the action taken by various countries with respect to the Convention, the Additional Protocol of May 1, 1920 and the Protocols containing the proposed amendments to Articles 5 and 34.
(2)
Translation of a statement dated January 15, 1926, prepared by the International Commission for Aerial Navigation, containing a brief summary of the Convention and its annexes; information concerning the work of the Commission; and the amount of the expenses of the Commission as pro-rated for the year 1926 among each of the contracting states.34
(3)
Publication of the International Commission for Aerial Navigation, issued in June, 1925,35 showing; on pages 10 to 41 inclusive the annexes to the Convention as modified by the Commission between July, 1922 and April, 1925; and on page 42 the Additional Protocol of May 1, 1920 which came into force on the same date as the Convention.

The Departments of Commerce, War and Navy and the National Advisory Committee for Aeronautics are in favor of this country’s becoming a party to the Convention.

Respectfully submitted,

Frank B. Kellogg
[Page 152]
[Enclosure 1]

Draft Letter From President Coolidge to the Senate35a

To the Senate: I transmit herewith a report which I have received from the Secretary of State regarding a convention, relating to air navigation, concluded at Paris in 1919, an authenticated copy of which, with related papers, accompanies the report.

The Secretary of State has very properly called attention to provisions of Articles 34 and 37 having to do with the League of Nations and the Permanent Court of International Justice, respectively, and has indicated how these provisions, and certain other provisions of the convention to which this Government would not be in a position to give its unqualified approval, might be covered by reservations, a form of which he has suggested. I concur in the recommendation of the Secretary of State.

In view of the increasing importance of aviation as a means of international communication, and of the desirability of adopting uniform rules governing international traffic by aircraft, and in order that citizens of the United States may be in a position to share the benefits to be derived from international co-operation of the character contemplated by the convention, I request the advice and consent of the Senate to the ratification, with appropriate reservations, of the convention, with Articles 5 and 34 thereof amended as recommended by the International Commission for Air Navigation, in the Protocols of Amendment approved by the Commission on October 27, 1922 and June 30, 1923, respectively.

[Enclosure 2]

International Convention Relating to the Regulation of Aerial Navigation, Done at Paris, October 13, 191935b

The United States of America, Belgium, Bolivia, Brazil, the British Empire, China, Cuba, Ecuador, France, Greece, Guatemala, Haiti, 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 establishment 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;

[Page 153]

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 righ[t] 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 State;
  • 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 Magalhaës, Envoy extraordinary and Minister Plenipotentiary of Brazil at Paris;
  • His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India:
    The Right Honourable David Lloyd George, M. P., First Lord of this 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 plenipotentiary of China at Washington;
  • 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 Alsùa, Envoy extraordinary and Minister plenipotentiary of Ecuador at Paris;
  • The President of the French Republic:
    Mr. Georges Clemenceau, President of the Council, Minister of War;
  • 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 Haiti:
    Mr. Tertullien Guilbaud, Envoy extraordinary and Minister Plenipotentiary of Haïti at Paris;
  • His Majesty the King of the Hedjaz:
    Mr. Rustem Haïdar;
  • The President of the Republic of Honduras:
    Dr. Policarpe Bonilla, on special mission to Washington, formerly President of the Republic of Honduras, Envoy extraordinary and Minister Plenipotentiary;
  • His Majesty the King of Italy,
    The Honourable Tommaso Tittoni, Senator of the Kingdom, Minister for Foreign Affairs;
  • His Majesty the Emperor of Japan,
    Mr. K. Matsui, Ambassador extraordinary and Plenipotentiary of H. M. the Emperor of Japan at Paris;
  • The President of the Republic of Liberia:
    The Honourable C. D. B. King, Secretary of State;
  • The President of the Republic of Nicaragua:
    Mr. Salvador Chamorro, President of the Chamber of Deputies;
  • The President of the Republic of Panama:
    Mr. Antonio Burgos, Envoy extraordinary and Minister Plenipotentiary of Panama at Madrid;
  • The President of the Republic of Peru:
    Mr. Carlos G. Candamo, Envoy extraordinary and Minister Plenipotentiary of Peru at Paris;
  • The President of the Polish Republic:
    Mr. Ignace J. Paderewski, President of the Council of Ministers, Minister for Foreign Affairs;
  • The President of the Portuguese Republic:
    Dr. Affonso da Costa, formerly President of the Council of Ministers;
  • His Majesty the King of Roumania:
    Mr. Nicolas Misu, Envoy extraordinary and Minister Plenipotentiary of Roumania at London;
  • His Majesty the King of the Serbs, the Croats, and the Slovenes:
    Mr. Milenko R. Vesnitch, Envoy extraordinary and Minister Plenipotentiary of H. M. the King of the Serbs, the Croats and the Slovenes at Paris;
  • His Majesty the King of Siam:
    His Highness Prince Charoon, Envoy extraordinary and Minister Plenipotentiary of H. M. the King of Siam at Paris;
  • The President of the Czecho-Slovak Republic:
    Mr. Karel Kramàř, President of the Council of Ministers;
  • The President of the Republic of Uruguay:
    Mr. Juan Antonio Buero, Minister of Industry, formerly Minister of Foreign Affairs;

Who have agreed as follows:

[Page 155]

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 17 of Annex D and land as soon as possible outside the prohibited area at one of the nearest aerodromes of the State unlawfully flown over.

Chapter II

nationality of aircraft

Article 5

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

[Page 156]

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 directors 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 others members of the operating crew of every aircraft shall, in accordance with the conditions laid down in Annex E, be provided with certificates of [Page 157] 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 reasons of general security it will be obliged to land if ordered to do so by means of the 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 aerodromes fixed by the latter. Notification of these aerodromes 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.

[Page 158]

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.

Such reservations and restrictions shall be immediately published, and shall be communicated to the International Commission for Air Navigation, which shall notify them to the other contracting States.

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 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.)
Certificate 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.

[Page 159]

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 aerodrome 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.

In every such aerodrome there shall be a single tariff of charges for landing and length of stay applicable alike to national and foreign aircraft.

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.

[Page 160]

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.

Article 33

Special arrangements between the States concerned will determine in what cases police and customs aircraft may be authorised to cross the frontier. They shall in no case be entitled to the privileges referred to in Article 32.

[Page 161]

Chapter VIII

international commission for air navigation

Article 34

There shall be instituted, under the name of the International Commission for Air Navigation, a permanent Commission placed under the direction of the League of Nations and composed of:

Two Representatives of each of the following States: The United States of America, France, Italy and Japan;

One Representative of Great Britain and one of each of the British Dominions and of India;

One Representative of each of the other contracting States.

Each of the five States first-named (Great Britain, the British Dominions and India counting for this purpose as one State) shall have the least whole number of votes which, when multiplied by five, will give a product exceeding by at least one vote the total number of the votes of all the other contracting States.

All the States other than the five first named shall each have one vote.

The International Commission for Air Navigation shall determine the rules of its own procedure and the place of its permanent seat, but it shall be free to meet in such places as it may deem convenient. Its first meeting shall take place at Paris. This meeting shall be convened by the French Government, as soon as a majority of the signatory States shall have notified to it their ratification of the present Convention.

The duties of this Commission shall be:

(a.)
To receive proposals from or to make proposals to any of the contracting States for the modification or amendment of the provisions of the present Convention, and to notify changes adopted;
(b.)
To carry out the duties imposed upon it by the present Article and by Articles 9, 13, 14, 15, 16, 27, 28, 36, and 37 of the present Convention;
(c.)
To amend the provisions of the Annexes A–G;
(d.)
To collect and communicate to the contracting States information of every kind concerning international air navigation;
(e.)
To collect and communicate to the contracting States all information relating to wireless telegraphy, meteorology and medical science which may be of interest to air navigation;
(f.)
To ensure the publication of maps for air navigation in accordance with the provisions of Annex F;
(g.)
To give its opinion on questions which the States may submit for examination.

Any modification of the provisions of any one of the Annexes may be made by the International Commission for Air Navigation when [Page 162] such modification shall have been approved by three fourths of the total possible votes which could be cast if all the States were represented and shall become effective from the time when it shall have been notified by the International Commission for Air Navigation to all the contracting States.

Any proposed modification of the Articles of the present Convention shall be examined by the International Commission for Air Navigation, whether it originates with one of the contracting States or with the Commission itself. No such modification shall be proposed for adoption by the contracting States, unless it shall have been approved by at least two-thirds of the total possible votes.

All such modifications of the Articles of the Convention (but not of the provisions of the Annexes) must be formally adopted by the contracting States before they become effective.

The expenses of organisation and operation of the International Commission for Air Navigation shall be borne by the contracting States in proportion to the number of votes at their disposal.

The expenses occasioned by the sending of technical delegations will be borne by their respective States.

Chapter IX

final provisions

Article 35

The High Contracting Parties undertake as far as they are respectively concerned to co-operate as far as possible in international measures concerning:

(a.)
The collection and dissemination of statistical, current, and special meteorological information, in accordance with the provisions of Annex G;
(b.)
The publication of standard aeronautical maps, and the establishment of a uniform system of ground marks for flying, in accordance with the provisions of Annex F;
(c.)
The use of wireless telegraphy in air navigation, the establishment of the necessary wireless stations, and the observance of international wireless regulations.

Article 36

General provisions relative to customs in connection with international air navigation are the subject of a special agreement contained in Annex H to the present Convention.

Nothing in the present Convention shall be construed as preventing the contracting States from concluding, in conformity with its principles, special protocols as between State and State in respect of customs, police, posts and other matters of common interest in connection [Page 163] with air navigation. Any such protocols shall be at once notified to the International Commission for Air Navigation which shall communicate this information to the other contracting States.

Article 37

In the case of a disagreement between two or more States relating to the interpretation of the present Convention, the question in dispute shall be determined by the Permanent Court of International Justice to be established by the League of Nations, and until its establishment by arbitration.

If the parties do not agree on the choice of the arbitrators, they shall proceed as follows:

Each of the parties shall name an arbitrator, and the arbitrators shall meet to name an umpire. If the arbitrators cannot agree, the parties shall each name a third State, and the third States so named shall proceed to designate the umpire, by agreement or by each proposing a name and then determining the choice by lot.

Disagreement relating to the technical regulations annexed to the present Convention, shall be settled by the decision of the International Commission for Air Navigation by a majority of votes.

In case the difference involves the question whether the interpretation of the Convention or that of a regulation is concerned, final decision shall be made by arbitration as provided in the first paragraph of this Article.

Article 38

In case of war, the provisions of the present Convention shall not affect the freedom of action of the contracting States either as belligerents or as neutrals.

Article 39

The provisions of the present Convention are completed by the Annexes A to H, which, subject to Article 34 (c), shall have the same effect and shall come into force at the same time as the Convention itself.

Article 40

The British Dominions and India shall be deemed to be States for the purposes of the present Convention.

The territories and nationals of Protectorates or of territories administered in the name of the League of Nations, shall, for the purposes of the present Convention, be assimilated to the territory and nationals of the Protecting or Mandatory States.

[Page 164]

Article 41

States which have not taken part in the war of 1914–1919 shall be permitted to adhere to the present Convention.

This adhesion shall be notified through the diplomatic channel to the Government of the French Republic, and by it to all the signatory or adhering States.

Article 42

A State which took part in the war of 1914–1919 but which is not a signatory of the present Convention, may adhere only if it is a member of the League of Nations or, until January 1, 1923, if its adhesion is approved by the Allied and Associated Powers signatories of the Treaty of Peace concluded with the said State. After January 1, 1923, this adhesion may be admitted if it is agreed to by at least three-fourths of the signatory and adhering States voting under the conditions provided by Article 34 of the present Convention.

Applications for adhesions shall be addressed to the Government of the French Republic, which will communicate them to the other contracting Powers. Unless the State applying is admitted ipso facto as a Member of the League of Nations, the French Government will receive the votes of the said Powers and will announce to them the result of the voting.

Article 43

The present Convention may not be denounced before January 1, 1922. In case of denunciation, notification thereof shall be made to the Government of the French Republic, which shall communicate it to the other contracting Parties. Such denunciation shall not take effect until at least one year after the giving of notice, and shall take effect only with respect to the Power which has given notice.

The present Convention shall be ratified.

Each Power will address its ratification to the French Government, which will inform the other signatory Powers.

The ratifications will remain deposited in the archives of the French Government.

The present Convention will come into force for each signatory Power, in respect of other Powers which have already ratified, forty days from the date of the deposit of its ratification.

On the coming into force of the present Convention, the French Government will transmit a certified copy to the Powers which under the Treaties of Peace have undertaken to enforce rules of aerial navigatian in conformity with those contained in it.

Done at Paris, the thirteenth day of October nineteen hundred and nineteen in a single copy which shall remain deposited in the archives [Page 165] of the French Government, and of which duly authorised copies shall be sent to the contracting States.

The said copy, dated as above, may be signed until the twelfth day of April nineteen hundred and twenty inclusively.

In Faith Whereof the hereinafter-named Plenipotentiaries whose powers have been found in good and due form have signed the present Convention in the French, English and Italian languages, which are equally authentic.

[seal]
Hugh C. Wallace

[seal]
Rolin-Jaequemyns

[seal]
Ismael Montes

[seal]
Raul Fernandes

[seal]
Eyre A. Crowe

[seal]
George H. Perley

[seal]
Andrew Fisher

[seal]
R. A. Blankenberg

[seal]
Thomas Mackenzie

[seal]
Eyre A. Crowe

[seal]
V. K. Wellington Koo

[seal]
Rafael Martinez Ortiz

[seal]
E. Dorn y de Alsua

[seal]
S. Pichon

[seal]
N. Politis

[seal]
Guillermo Matos Pacheco

[seal]
Vittorio Scialoja

[seal]
K. Matsui

[seal]
Antonio Burgos

[seal]
I. J. Paderewski

[seal]
Affonso Costa

[seal]
Alex. Vaida Voevod

[seal]
Dr. Ante Trumbič

[seal]
Charoon

[seal]
Stefan Osusky

[seal]
J. A. Buero

[For text of annexes, see League of Nations, Treaty Series, vol. 11, No. 297, page 243; also Malloy, Treaties, 1910–1923, vol. iii, page 3782. For text of Annex A, as completed by the decisions of the International Commission for Air Navigation dated July 13, 1922, Oct. 25, 1922, Feb. 28, 1923, June 26, 1923, Mar. 3, 1924, Oct. 14, 1924, and Apr. 6, 1925, see International Commission for Air Navigation, Official Bulletin No. 8, June 1925, page 42.]

[Page 166]

Additional Protocol to the Convention of October 13th, 1919, Relating to the Regulation of Aerial Navigation

The High Contracting Parties declare themselves ready to grant, at the request of signatory or adhering States who are concerned, certain derogations to Article V of the Convention, but only where they consider the reasons involved worthy of consideration.

The requests should be addressed to the Government of the French Republic who will lay them before the International Commission on Aerial Navigation provided for in Article 34 of the Convention.

The International Commission on Aerial Navigation will examine each request, which may only be submitted for the acceptance of the contracting States if it has been approved by at least a two-thirds majority of the total possible number of votes, that is to say, of the total number of votes which could be given if the Representatives of all the States were present.

Each derogation which is granted must by [be] expressly accepted by the contracting States before coming into effect.

The derogation granted will authorise the contracting State profiting thereby to allow the aircraft of one or more named non-contracting States to fly over its territory, but only for a limited period of time fixed by the text of the decision granting the derogation.

At the expiration of this period the derogation will be automatically renewed for a similar period unless one of the contracting States has declared its opposition to such renewal.

Further, the High Contracting Parties decide to fix June 1st, 1920, as the date up to which the present Protocol may be signed, and, on account of the bearing which the present Protocol has on the Convention of October 13th, 1919, to prolong until that date the period under which the above mentioned Convention may be signed.

Done at Paris, the first of May nineteen hundred and twenty in a single copy which shall remain deposited in the archives of the Government of the French Republic, and of which authenticated copies will be transferred to the Contracting States.

The said copy, dated as above, may be signed up to and inclusive of the first day of June, nineteen hundred and twenty.

In faith whereof, the undermentioned Plenipotentiaries, whose powers have been found in good and due form, have signed the present [Page 167] Protocol, of which the French, English and Italian text will be recognised as of equal validity.

  • Hugh C. Wallace
  • E. De Gaiffier
  • J. C. Arteaga
  • Derby
  • George H. Perley
  • Andrew Fisher
  • Thomas Mackenzie
  • R. A. Blankenberg
  • Derby
  • Vikyuin Wellington Koo
  • Rafael Martinez Ortiz
  • E. Dorn y de Alsua
  • A. Millerand
  • A. Romanos
  • Bonin
  • K. Matsui
  • R. A. Amador
  • Erasme Piltz
  • Joâo Chagas
  • D. J. Ghika
  • Dr. Ante Trumbič
  • Charoon
  • Stefan Osusky
  • J. C. Blanco
[Enclosure 3—Translation]

Protocol Relative to an Amendment to Article 5 to the Convention for the Regulation of Aerial Navigation of October 13, 191935c

The International Commission on Aerial Navigation in the course of its second session held at London under the Presidency of General Sir W. Sefton Brancker, assisted by Mr. Albert Roper, Secretary General, approved at the sitting of October 25, 1922, in accordance with the provisions of Article 34 of the Convention making regulations for aerial navigation, an amendment to Article 5 of the said Convention which shall be worded as follows, in French, English, and Italian:35d

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, unless [Page 168] 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.

The undersigned, duly authorized thereto, declare they accept, in the name of the States they represent, the foregoing amendment which is proposed for final acceptance by the contracting States.

The protocol will be kept open for the signature of States that are now contracting Parties to the Convention; it will be ratified and the ratifications shall be deposited as soon as possible at the permanent seat of the Commission.

It shall go into force as soon as the States that are now contracting parties to the Convention shall have effected the deposit of their ratifications.

The States which will become contracting parties to the Convention may adhere to the present Protocol.

A certified copy of this Protocol shall be forwarded by the Secretary General to all the contracting States and also to the other States that have signed the Convention for the regulation of aerial navigation.

Done in London, October twenty-seven, one thousand nine hundred twenty-two, in a single copy which will be deposited in the archives of the Commission.

W. S. Brancker
, Major-General,
President of the Second Session of the I. C. A. N.
Albert Roper
,
Secretary General of the I. C. A. N.
Signed:
For Belgium:
E. de Gaiffier

For Great Britain:
Eric Phipps

For the Dominion of Canada:
Peter C. Larkin

For the Commonwealth of Australia:
Joseph Cook

For the Union of South Africa:
Eric Phipps

For the Dominion of New Zealand:
James Allen

For India:
Eric Phipps

For France:
Pierre Ettenne Flandin

For Japan:
Shizuma

Okuyama

For Portugal:
J. Chagas

For the Kingdom of the Serbs, Croats and Slovenes:
Spalaikovitch
[Page 169]

[In furnishing this authenticated copy of the protocol the Secretary General of the International Commission for Air Navigation indicated that the following signatures had also been deposited:

For Greece:
Leon V. Melas

For Persia:
Prince Samad

For Siam:
Charoon
]
[Enclosure 4—Translation]

Protocol Relative to an Amendment to Article 34 to the Convention for the Regulation of Aerial Navigation of October 13, 191936

The International Commission on Aerial Navigation in the course of its fourth session held at London under the Presidency of General Sir W. Sefton Brancker, assisted by Mr. Albert Roper, Secretary General, approved at the sitting of June 30, 1923, in accordance with the provisions of Article 34 of the Convention making regulations for aerial navigation, amendments to certain subsections of Article 34 of the said Convention which shall be worded as follows, in French, English, and Italian:37

Article 34

There shall be instituted, under the name of the International Commission for Air Navigation, a permanent Commission placed under the direction of the League of Nations and composed of:

Two Representatives of each of the following States: the United States of America, France, Italy and Japan;

One Representative of Great Britain and one of each of the British Dominions and of India;

One Representative of each of the other contracting States.

Each State represented on the Commission (Great Britain, the British Dominions and India counting for this purpose as one State) shall have one vote.

The International Commission for Air Navigation shall determine the rules of its own procedure and the place of its permanent seat, but it shall be free to meet in such places as it may deem convenient. Its first meeting shall take place at Paris. This meeting shall be convened by the French Government, as soon as a majority of the signatory States shall have notified to it their ratification of the present Convention.

The duties of this Commission shall be:

a)
To receive proposals from or to make proposals to any of the contracting States for the modification or amendment of the provisions of the present Convention, and to notify changes adopted;
b)
To carry out the duties imposed upon it by the present Article and by Articles 9, 13, 14, 15, 16, 27, 28, 36 and 37 of the present Convention.
c)
To amend the provisions of the Annexes A-G;
d)
To collect and communicate to the contracting States information of every kind concerning international air navigation;
e)
To collect and communicate to the contracting States all information relating to wireless telegraphy, meteorology and medical science which may be of interest to air navigation;
f)
To ensure the publication of maps for air navigation in accordance with the provisions of Annex F;
g)
To give its opinions on questions which the States may submit for examination.

Any modification of the provisions of any one of the Annexes may be made by the International Commission for Air Navigation when such modification shall have been approved by three-fourths of the total possible votes which could be cast if all the States were represented: this majority must, moreover, include at least three of the five following States: the United States of America, the British Empire, France, Italy, Japan. Such modification shall become effective from the time when it shall have been notified by the International Commission for Air Navigation to all the contracting States.

Any proposed modification of the Articles of the present Convention shall be examined by the International Commission for Air Navigation, whether it originates with one of the contracting States or with the Commission itself. No such modification shall be proposed for adoption by the contracting States, unless it shall have been approved by at least two-thirds of the total possible votes.

All such modifications of the Articles of the Convention (but not of the provisions of the Annexes) must be formally adopted by the contracting States before they become effective.

The expenses of organization and operation of the International Commission for Air Navigation shall be borne by the contracting States: the total shall be allocated in the proportion of two shares each for the United States of America, the British Empire, France, Italy and Japan and one share each for all the other States.

The expenses occasioned by the sending of technical delegations will be borne by their respective States.

The undersigned, duly authorized thereto, declare they accept, in the name of the States they represent, the foregoing amendments which are proposed for final acceptance by the contracting States.

The protocol will be kept open for the signature of States that are now contracting Parties to the Convention; it will be ratified and the ratifications shall be deposited as soon as possible at the permanent seat of the Commission.

[Page 171]

It shall go into force as soon as the States that are now contracting parties to the Convention shall have effected the deposit of their ratifications.

The States which will become contracting parties to the Convention may adhere to the present Protocol.

A certified copy of this Protocol shall be forwarded by the Secretary General to all the contracting States and also to the other States that have signed the Convention for the regulation of aerial navigation.

Done in London, June thirty, one thousand nine hundred and twenty-three, in a single copy which will be deposited in the archives of the Commission.

W. S. Brancker
, Major-General, President of the Fourth Session of the I. C. A. N.
Albert Roper
,
Secretary General of the I. C. A. N.
Signed:
For Belgium:
A. Obert de Thieustes

For Great Britain:
Crewe

For Canada:
Peter C. Larkin

For Australia:
W. S. Brancker

For the Union of South Africa:
E. Walton

For the Dominion of New Zealand:
J. Allen

For India:
Crewe

For France:
Pierre-Etienne Flandin

For Greece:
Leon. V. Melas

For Italy:
Romano Avezzana

For Japan:
T. Shizuma

S. Okuyama

For Persia:
Prince Samad

For Portugal:
Joao Chagas

For Siam:
Charoon

In furnishing this authenticated copy of the protocol the Secretary General of the International Commission for Air Navigation indicated that the following signatures had also been deposited:

For the Irish Free State:
James McNeill

For the Kingdom of the Serbs, Croats, and Slovenes:
M. Spalaikovttch
[Page 172]
[Enclosure 5]

Tabulated statement showing the action taken by various countries with respect to the convention for the regulation op aerial navigation, the additional protocol of may 1, 1920, to the convention, and the protocols containing the proposed amendments to articles 5 and 34

Names of States Convention for the regulation of aerial navigation (Paris, Oct. 13, 1919)
Date of signature Date of accession Date of deposit of ratifications Date of adhesion
i. contracting states
Belgium Oct. 13, 1919 June 1, 1922
British Empire:
Great Britain and Northern Ireland do do
Dominion of Canada do do
Commonwealth of Australia do do
Union of South Africa do do
Dominion of New Zealand do do
Irish Free State do
India do do
Bulgaria July 5, 1923
France Oct. 13, 1919 June 1, 1922
Greece do do
Italy do Mar. 13, 1923
Japan do June 1, 1922
Persia July 11, 1922
Poland Oct. 13, 1919 Nov. 26, 1924
Portugal do June 1, 1922
Rumania do May 31, 1924
Kingdom of the Serbs, Croats and Slovenes do June 1, 1922
Siam do do
Czechoslovak Republic do Nov. 23, 1923
Uruguay do July 13, 1924
ii. signatory states
United States of America. do
Bolivia do June 1, 1922
Brazil do
China do
Cuba do
Ecuador do
Guatemala do
Liberia Mar. 29, 1922
Nicaragua Dec. 31, 1920
Panama Oct. 13, 1919
Peru June 22, 1920

* The Convention has been denounced by Bolivia with effect as from the 30th August 1924.

Note: The dates in tabulation are those given by the International Commission for Air Navigation The Department of State is informed that Chile has decided to adhere to the convention.

[Page 173]
Names of States Additional protocol to the convention (Paris, May 1, 1920)
Date of signature Date of accession Date of the deposit of ratifications Date of adhesion
I. contracting states
Belgium May 1, 1920 June 1, 1922
British Empire:
Great Britain and Northern Ireland do do
Dominion of Canada do do
Commonwealth of Australia do do
Union of South Africa do do
Dominion of New Zealand do
Irish Free State do
India May 1, 1920 do
Bulgaria Nov. 28, 1924
France May 1, 1920 June 1, 1922
Greece do do
Italy do Apr. 10, 1923
Japan do June 1, 1922
Persia July 11, 1922
Poland May 1, 1920 Nov. 26, 1924
Portugal do Oct. 7, 1922
Rumania do May 31, 1924
Kingdom of the Serbs, Croats and Slovenes do June 1, 1922
Siam do do
Czechoslovak Republic do Nov. 23, 1923
Uruguay do
ii. signatory states
United States of America* May 1, 1920
Bolivia do June 1, 1922
Brazil June 28, 1921
China May 1, 1920
Cuba do
Ecuador do
Guatemala do
Liberia Mar. 29, 1922
Nicaragua Dec. 31, 1920
Panama May 1, 1920
Peru June 22, 1920

* The protocol was by its terms left open for signature up to and including June 1, 1920. It was signed on behalf of the United States on May 31, 1920.

[Page 174]
Names of States Protocol relative to an amendment to article 5 of the convention (London, Oct. 27, 1922) Protocol relative to an amendment to article 34 of the convention (London, June 30, 1923)
Date of signature Date of the deposit of ratifications Date of signature Date of the deposit of ratifications
i. contracting states
Belgium Dec. 22, 1922 Apr. 19, 1923 Sept. 11, 1923 Oct. 19, 1923
British Empire:
Great Britain and Northern Ireland Mar. 28, 1923 Dec. 19, 1923 Sept. 28, 1923 Nov. 20, 1924
Dominion of Canada Apr. 6, 1923 do Mar. 17, 1924 Do.
Commonwealth of Australia Mar. 28, 1923 do Dec. 19, 1923 Do.
Union of South Africa do do Dec. 13, 1923 Do.
Dominion of New Zealand do do Nov. 27, 1923 Do.
Irish Free State do Sept. 23, 1924 Do.
India Mar. 28, 1923 do Dec. 14, 1923 Do.
Bulgaria*
France Nov. 21, 1922 Dec. 26, 1924 June 30, 1923 Dec. 26, 1924
Greece Dec. 1, 1923 Mar. 7, 1925 Dec. 1, 1923 Mar. 7, 1925
Italy* Jan. 24, 1924 June 13, 1924
Japan Mar. 10, 1923 Aug. 4, 1925 Aug. 27, 1923 Aug. 4, 1925
Persia Apr. 7, 1924 July 8, 1925 Apr. 7, 1924 Nov. 10, 1925
Poland
Portugal Feb. 2, 1923 July 30, 1924 Dec. 3, 1923
Rumania
Kingdom of the Serbs, Croats and Slovenes. May 18, 1923 Jan. 15, 1925
Siam Aug. 21, 1923 Feb. 20, 1924 Nov. 6, 1923 July 7, 1925
Czechoslovak Republic*
Uruguay
ii. signatory states
United States of America
Bolivia
Brazil
China
Cuba
Ecuador
Guatemala
Liberia
Nicaragua
Panama
Peru

* Italy, Bulgaria and Czechoslovakia which were not parties to the Convention at the time that the Protocol of Amendment to Article 5 was adopted by the International Commission for Air Navigation have since given notice of their adhesion to this Protocol. Bulgaria and Czechoslovakia have given notice of their adhesion to the Protocol of Amendment to Article 34.

  1. The paragraphs underlined in the original are printed in italics.
  2. The Commission is not authorized under the Convention to modify Annex H or any of the Articles of the Convention. [Footnote in the original.]
  3. Not printed.
  4. International Commission for Air Navigation: Convention Relating to the Regulation of Aerial Navigation Dated 13th October 1919 (Paris, June 1925). The annexes to the convention are not reprinted in Foreign Relations.
  5. Sent June 16, 1926.
  6. Filed separately as unperfected treaty No. T–8.
  7. Filed with unperfected treaty No. T–8.
  8. The text of article 5 which follows is reproduced from the English text which appeared in the original protocol in columns parallel with the French and Italian texts.
  9. Filed with unperfected treaty No. T–8.
  10. The text of article 34 which follows is reproduced from the English text which appeared in the original protocol in columns parallel with the French and Italian texts.