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departure, when under way and on sion for Air Navigation.
34. Institution of commission; 19. Documents for international
composition; duties. navigation.
Chapter IX. Final provisions. 20. Preservation of log books.
35. International measures to be 21. Right of visit; verification of
realized by cooperation. documents.
36. Customs provisions; special 22. Assistance for landing.
bilateral protocols. 23. Salvage at sea.
37. Procedure for disputes as to 24. Public aerodromes open to all
interpretation of convention. contractants; single tariff.
38. Freedom of action as belliger25. Compliance with regulations.
ents or neutrals. Chapter VI. Prohibited transport.
39. Convention completed by An26. Carriage of explosives, arms,
nexes (A) to (H). munitions of war forbidden. 40. British Dominions and India 27. Photographic apparatus may
deemed to be conventional be prohibited or regulated.
States; protectorates or 28. Carriage of other objects mav
inandated territories ass:mibe restricted,
lated for conventional pur29. Restrictions to apply equally
poses to protecting or manto all.
datory States. Chapter VII. State aircraft.
41. Adhesion of States not partici30. Definition.
pating in war of 1914-1919. 31. Military aircraft.
42. Adhesion of States participat32. Treatment of military aircraft.
ing in war of 1914-1919 and 33. Arrangements for police and
not signatory. customs aircraft crossing 43. Denunciation ; ratification; enfrontier.
trance into force. Footnote--Continued.
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 reser7ation 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 Hemisphere 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 alrcraft 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 8000 as the States that are now contracting parties to the convention shall have effected the deposit of their ratifications."
MAY 18, 1923.
Annex (A). The marking of aircraft. Annex (E). Minimum qualifications Section I. General.
necessary for obtaining certificates Section II. Location of marks.
as pilots and navigators. Section III. Additional location of Section 1. Certificates for pilots nationality marks.
of flying machines. Section IV. Measurements of na- Section II. Certificates for pilots tionality and registration marks.
of balloons. Section V. Measurement, type of Section III. Certificates for airletters, etc.
ship officer pilots. Section VI. Spacing between na- Seetion IV. Certificates for navi. tionality and registration marks.
gators. Section VII. Maintenance.
Section V. Medical certificates. Section VIII. Table of marks.
International medical requireAnnex (B). Certificates of airworthi.
ments for air navigation. ness. Annex (C). Log books.
Annex (F). International aeronautical Section I. Journey log.
maps and ground markings.
Section I. Maps (1-11). Section II. Aircraft log.
Section II. Universal system of Section III. Engine log. Section IV. Signal log.
ground marks (1-2). Section V. Instructions for use of
Annex (G). Collection and disseminalog books.
tion of meteorological information. Annex (D). Rules as to lights and
Appendix I. Regular reports. signals. Rules of the air.
Appendix II. Special reports. Definitions.
Appendix III. Forecasts. Section 1. Rules as to lights
Appendix IV. General form in (1–13).
which reports are to be renSection II. Rules as to signals
dered and codes for their trans(14-20).
mission. Section III. Rules of the air Annex (H). Customs. (21-34).
General provisions (1-8). Section IV. Ballast (35).
Regulations applicable to aircraft Section V. Rules for air traffic on
and goods (9–11). and in the vicinity of aero- Air transit (12). dromes (36-48).
Various provisions (13–17). Section VI. General (49–51). 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 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;
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
Mr. Ismaël Montes, Envoy extraordinary and Minister Pleni
potentiary of Bolivia at Paris;
THE PRESIDENT OF THE REPUBLIC OF BRAZIL:
Mr. Olyntho de Magalhães, Envoy extraordinary and Minister
Plenipotentiary of Brazil at Paris;
AND IRELAND AND OF THE BRITISH DOMINIONS BEYOND THE SEAS,
The Honourable Sir Albert Edward Kemp, K.C.M.G., Minis
ter 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 Com
missioner 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 Alsúa, Envoy extraordinary and Minister
Plenipotentiary of Ecuador at Paris; THE PRESIDENT OF THE FRENCH REPUBLIC:
Mr. Georges Clemenceau, President of the Council, Minister of
Mr. Nicolas Politis, Minister for Foreign Affairs;
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
Plenipotentiary of Haïti at Paris; His MAJESTY THE KING OF THE HEDJAZ:
Mr. Rustem Haïdar;
THE PRESIDENT OF THE REPUBLIC OF HONDURAS:
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 His Majesty 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 Pleni
potentiary 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;
Dr. Affonso da Costa, formerly President of the Council of
Mr. Nicolas Misu, Envoy extraordinary and Minister Pleni
potentiary 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 His Majesty 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 Minis
ter Plenipotentiary of His Majesty 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 Minis
ter of Foreign Affairs; Who have agreed as follows:
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.
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.
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.
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.
NATIONALITY OF AIRCRAFT.
ARTICLE 5.1 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.
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 States.
No incorporated company can be registered as the owner of an aircraft unless it possesses the nationality of the State in which the aircraft is registered, unless the president or chairman of the company.
1 See proposed new text in note to p. 3768 and the additional protocol, p. 3817.