The Chicago Convention
The Convention on International Civil Aviation, also known as the Chicago Convention, was signed at Chicago on 7 December 1944 and came into force on 4 April 1947, superseding the Convention Relating to the Regulation of Aerial Navigation (or Paris Convention) signed at Paris on 13 October 1919 and the Pan American Convention on Commercial Aviation (or Havana Convention), signed at Havana on 20 February 1928. It contained the basic principles and arrangements in order that international civil aviation be developed in a safe and orderly manner, and that international air transport services be established on the basis of equality of opportunity and operated soundly and economically. The Chicago Convention also established the International Civil Aviation Organization (ICAO).
The Convention, deposited with the Government of the United States, was signed only in its original English version, as drafted at the Chicago Conference. Only the English text was therefore authentic, despite the fact that the Convention provided that a text in English, French and Spanish of equal authenticity would be open for signature in Washington. After the Conference at Chicago ended, several efforts were made by the Government of the United States of America to achieve that objective by preparing and circulating draft French and Spanish texts of the Convention to the various governments concerned. These efforts proved fruitless, as an agreement was not obtained on any of those drafts. In a note dated 22 September 1947 to the other governments concerned, the United States Department of State pointed out that the Convention had not placed a specific responsibility on the Government of the United States, depositary of the Convention, to prepare the planned trilingual text.
The French and Spanish texts were drawn up by ICAO and made authentic by the Protocol concerning the authentic trilingual text of the Convention signed on 24 September 1968 at the close of the International Conference of Plenipotentiary Representatives held in Buenos Aires from 9 to 24 September 1968 and attended by sixty-one Member States. This conference was held in the framework of the 16th Session of the Assembly (3-26 September 1968). This Protocol was deposited for signature with the Government of the United States in Washington and entered into force on the 30th day after 12 states had signed or accepted it without reservation, i.e., on 24 October 1968.
Note that Protocol on the Authentic Quadrilingual Text of the Convention on International Civil Aviation was signed at Montréal on 30 September 1977 (at the end of the International Conference on the Authentic Russian Text of the Convention on International Civil Aviation held at Montréal from 19 to 30 September 1977, held in the framework of the 22nd Assembly in 1977) and entered into force on 16 September 2000. The Chicago Convention became equally authentic in the English, French, Russian and Spanish languages. The availability of the Russian authentic text of the Chicago Convention as well as the availability of its 18 Annexes at that time, in the Russian language, promotes safety by increasing accessibility of the text to a larger portion of the world’s population.
The International Conference on the Authentic Arabic Text of the Convention on International Civil Aviation was convened by ICAO during its 31st Session of the Assembly for the purpose of adopting the Authentic Arabic Text of the Convention. The Conference was held in Montreal from 25 to 29 September 1995. The Protocol on the Authentic Quinquelanguage Text of the Convention was signed at Montreal on 29 September 1995 by sixty-five States. The Governments of 115 Member States of the International Civil Aviation Organization were represented at the Conference. Seven international organizations were represented at the Conference by Observers. The text of the Convention and its amendments in the Arabic language together with the texts in the English, French, Russian and Spanish languages constitute a text equally authentic in the five languages.
The International Conference on the Authentic Chinese Text of the Convention on International Civil Aviation was held at Montreal from 28 September to 1 October 1998. At the end of this Conference, the Protocol on the Authentic Six-Language Text of the Convention on International Civil Aviation was signed at Montreal on 1 October 1998. This Protocol provides that the text of the Convention in the Chinese language is of equal authenticity.
|
|
|
Font page of the original version of the Chicago Convention |
Article 37 of the Chicago Convention requests that, in implementing the international standards and recommended practices and procedures adopted by ICAO, each Contracting State undertake to collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures, and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation.
Amendments to the Convention are governed by Article 94 of the Convention, by Rule 10 d) of the Standing Rules of Procedure of the Assembly and by Assembly Resolution A4-3.
According to the Resolution A4-3, an amendment of the Convention may be appropriate when any of the following tests is satisfied:
a) when it is proved necessary by experience; and
b) when it is demonstrably desirable or useful.
As to the procedure, that Resolution states that “any Contracting State wishing to propose an amendment to the Convention should submit it in writing to the Council at least six months before the opening date of the Assembly to which it is to be presented. The Council shall consider any such proposal and transmit it to the Contracting States together with its comments or recommendations thereon at least three months before the opening date of the Assembly”. Similarly, Rule 10 d) of the Standing Rules of Procedure of the Assembly states that “Proposals for the amendment of the Convention, together with any comments or recommendations of the Council thereon, shall be communicated to Contracting States so as to reach them at least ninety days before the opening of the Session.”
According to Article 94 a) of the Chicago Convention, “Any proposed amendment must be approved by a two-thirds vote of the Assembly and shall then come into force in respect of States which have ratified such amendment when ratified by the number of Contracting States specified by the Assembly. The number so specified shall not be less than two-thirds of the total number of contracting States.” The two-third vote of the Assembly required under Article 94 a) is to be construed, in accordance with Rule 53 of the Standing Rules of Procedure of the Assembly, as two-thirds of the total number of Contracting States to the Chicago Convention represented at the Assembly and qualified to vote at the time the vote is taken; for the purpose of establishing this total, some exclusions are listed in paragraphs a), b) and c) of that Rule. In 2019, the number of Contracting States to the Chicago Convention was 193.
To the original document of the Chicago Convention, several amendments were adopted over the years; only the major ones are listed hereafter:
1. Frequency of Assemblies (Article 48a). Originally, the Assembly met every year. This was amended by the 8th Session of the Assembly as per Protocol adopted on 14 June 1954: “The Assembly shall meet not less than once in three years and shall be convened by the Council at a suitable time and place.”
2. Increase in the Council Members (Article 50a). Originally the Council was composed of twenty-one Contracting States elected by the Assembly. This number was increased as follows:
a. To twenty-seven, as amended by the 13th (Extraordinary) Session of the Assembly on 21 June 1961.
b. To thirty, as amended by the 17th (A) (Extraordinary) Session of the Assembly on 12 March 1971.
c. To thirty-three, as amended by the 21st Session of the Assembly on 16 October 1974.
d. To thirty-six, as amended by the 28th (Extraordinary) Session of the Assembly on 26 October 1990.
e. To forty, as amended by the 39th Session of the Assembly on 1 October 2016.
3. Increase in the Members of the Air Navigation Commission (ANC) (Article 56). Originally, the Air Navigation Commission shall be composed of twelve members appointed by the Council from among persons nominated by contracting States. This number was increased as follows:
a. To fifteen, as amended by the 18th Session of the Assembly on 7 July 1971.
b. To nineteen, as amended by the 27th Session of the Assembly on 6 October 1989.
c. To twenty-one, as amended by the 39th Session of the Assembly on 1 October 2016.
4. Authentic texts of the Convention, amended by several protocols:
a. Trilingual text (text of the Convention drawn up in the English, French, and Spanish languages of equal authenticity), as per Protocol signed at Buenos Aires on 24 September 1968; this Protocol entered into force on 24 October 1968.
b. Quadrilingual text (text of the Convention drawn up in the English, French, Russian and Spanish languages of equal authenticity), as per Protocol adopted by a Diplomatic Conference at Montréal on 30 September 1977. The Protocol entered into force on 16 September 2000.
c. Quinquelingual text (text of the Convention drawn up in the English, Arabic, French, Russian and Spanish languages of equal authenticity), as per Protocol adopted by a Diplomatic Conference (attended by 320 participants from 111 States and seven Observers) at Montreal on 29 September 1995.
d. Six-language text (text of the Convention drawn up in the English, Arabic, Chinese, French, Russian and Spanish languages of equal authenticity), as per Protocol adopted by a Diplomatic Conference (attended by 210 participants from 81 States) at Montréal on 1 October 1998.
Each year, the International Day of Peace (or Peace Day) is observed around the world on 21 September. On 30 November 1981 by Resolution A/RES/36/67, the United Nations General Assembly established this as a day devoted to strengthening the ideals of peace through observing 24 hours of non-violence and cease-fire, and through education and public awareness on issues related to peace. The UN in 1981 first named the third Tuesday of September as International Day of Peace; furthering the Day’s mission in 2001, the General Assembly (by Resolution A/RES/55/282) fixed the date on 21 September each year starting from 2002. Civil aviation’s crucial ability to foster peace among nations is recognized in the preamble to the 1944 Convention on International Civil Aviation that created ICAO: “whereas it is desirable to avoid friction and to promote cooperation between nations and peoples upon which the peace of the world depends”.
|
|
|
Framed poster presented to ICAO by Mr. Albert Pelsser, staff member at ICAO, upon his retirement. Montage with the Postal Issues of the United Nations for ICAO’s work, with Preamble to the UN Charter.
|
|
|
|
Preamble to the Convention on International Civil Aviation (original version).
|
|
|
|
ICAO Doc 7300 – 1st Edition of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944. Trilingual text: English/French/Spanish.
|
|
|
|
ICAO Doc 7300 – 9th Edition of the Convention on International Civil Aviation - 2006. Quadrilingual text: English/French/Spanish/Russian. |
____________