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The Development of the Authentic Trilingual Text of the Convention on International Civil Aviation

Published online by Cambridge University Press:  28 March 2017

Gerald F. FitzGerald
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Type
Notes and Comments
Information
American Journal of International Law , Volume 64 , Issue 2 , April 1970 , pp. 364 - 371
Copyright
Copyright © American Society of International Law 1970

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References

1 T.I.A.S., No. 6605.

2 Entered into force for the United States on April 4, 1947. 61 Stat. 1180; T.I.A.S., No. 1591; 15 U.N. Treaty Series 295. See also ICAO Doc. 7300/3. The new texts in the French and Spanish languages annexed to the Protocol are being incorporated in a new edition of the convention, Doc. 7300/4. As at April 30, 1969, 116 states were parties to the convention. Unless otherwise indicated herein, all references to documents and working papers are to ICAO material.

3 See Proceedings of the International Civil Aviation Conference, Chicago, Illinois, November 1-December 7, 1944, 2 vols. (Department of State Publication 2820, 1949).

4 Op. cit., note 3 above, Vol. II, pp. 1358 and 1398.

5 For more details, see A14-WP/146, Min. EX/1-18, Assembly, 14th Sess. (1962), Minutes of Executive Committee, p. 167; Doc. 8270 A14-EX/31, Assembly, 14th Sess. (1962), Report of Executive Committee, pp. 18-19.

6 Doc. 6897-C/799, Assembly, 3rd Sess. (1949), Proceedings, pp. 17-18, 62, 81.

7 Res. A3-2 instructed the Council to take action with a view to providing the Organization as soon as possible with texts of the Chicago Convention on International Civil Aviation in Spanish and French, it being understood that these texts would be used only “for the internal purposes of the Organization.“

8 Doc. 7283-C/842, Action of the Council, 15th Sess. (1952), p. 29.

9 Doc. 7903-C/911, Action of the Council, 34th Sess. (1958), p. 31.

10 Doc. 7958-C/944, Action of the Council, 35th Sess. (1958), p. 43.

11 Doc. 8270-A14-EX/31, Assembly, 14th Sess. (1962), Report of Executive Committee, p. 18; Doc. 8269 A14-P/21, Assembly, 14th Sess. (1962), Minutes of Plenary Meetings, p. 107.

12 Doc. 8743-C/978, Action of the Council, 62nd Sess. (1967), p. 39.

13 Buenos Aires Conference Doc. No. 4.

14 Idem.

15 TT(1966)-WP/5.

16 When the report of the working group (C-WP/4588) was placed before the Council in June, 1967, the Colombian representative on the Council supported the working group's view, while reiterating that the formula of his government was the best legal one. See Doc. 8678-12 C-972-12, Council, 61 Sess. (1967), Minutes, p. 183.

17 TT(1966)-WP/22, par. 7.

18 Buenos Aires Protocol, hereinafter referred to as “Protocol,” Art. I.

19 Protocol, fourth preambular paragraph. The ICAO Assembly adopted amendments to the convention in 1947, 1954, 1961 and 1962. As at May 26th, 1969, the status of these amendments was as follows:

20 Protocol, Art. II. For states that have not become parties to the Buenos Aires Protocol, the position of the amendments is still anomalous. The texts of the amendments are authentic in the English, French and Spanish languages, this having been specified by the Assembly at the time of their adoption. In all cases, except that of Art. 93 bis, the whole of which is authentic in the three languages, the articles concerned are authentic in the three languages in regard to the text of the amended portions only, the unamended portions remaining authentic in the English language only.

21 Protocol, Art. 111(1). For almost the same formula, see the Convention of the Intergovernmental Maritime Consultative Organization (Geneva, 1948), Art. 57. There was, at various times, considerable discussion in the second working group of the Council and the Council itself as to whether the French rendition of the word “acceptance“ should be “acceptation”or “approbation.”According to the French representative on the Council, a thorough study by the French Ministry of Foreign Affairs had led the French Administration to prefer the word “approbation”(Doc. 8678-12 C/972-12, Council, 61st Sess. (1967), Minutes, pp. 184-186). The Conference opted to use the French word “acceptation.“

22 Protocol, Art. 111(4).

23 Protocol, Art. IV(1).

24 Protocol, Art. IV(2).

25 Protocol, Art. V.

26 Doc. 8678-12 C/972-12, Council, 61st Sess. (1967), Minutes, p. 182.

27 The draft Protocol presented to the Conference provided for the coming into force of the Protocol on acceptance by twelve states. This number had been reduced to two at the time the debate on Art. V took place.

28 478 U.N. Treaty Series 371. Opened for signature on Sept. 28, 1955. The United States of America is not a party to the Hague Protocol.

29 Protocol, Art. VII(2).

30 For examples of other problems arising in regard to the preparation of authentic multilingual texts of international conventions, see Shabtai Rosenne, “United Nations Treaty Practice,” 86 Hague Academy, Recueil des Course 273-444 at 381-391 (1954).