Communications and transit > Air transport co-operation committee : minutes of the first session : held at Geneva from July 8th to 12th, 1930

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and powers of the various organisations existing at the present time. Each of them had a very
definite r61e. The Committee was of opinion that there was no need to call for an alteration in
this state of things. M. Roper had referred to the Conference on Private Law in Air Navigation.
The Secretary of the Committee drew attention to the fact that here, as in other fields—in that of
maritime navigation, for instance—the same distinction existed between the organisations dealing
with private law and those dealing with public law. No difficulties had arisen as a result of that
situation. Nevertheless, even if it were agreed that the various existing organisations were all
working in a satisfactory manner, it had been suggested as perhaps advisable to set up an office
which would to some extent play the role of clearing-house between the various organisations.
Thirdly, as regards the revised 1919 Convention, the question of freedom of navigation for
regular lines had been raised. The Committee had decided to reserve consideration of that question
until after having examined the economic development of air navigation. It would be of great
interest to enquire into the possibility of a statute for air lines. Such a statute might be considered
not only from the point of view of air navigation itself, but also from that of liaison with other
means of transport. That basic question was most important and might be taken up again after
the discussions on international co-operation and economic development.
M. Molfese said that he had carefully followed the explanation of the method that the
Committee was to adopt for its work. He had listened with much interest to the views of the
Secretary-General of the C. I. N. A. as to the unification of some of the organisations which dealt
with various aspects of air navigation. He had expected that a careful enquiry would be conducted
into the important questions raised in the reports which had been circulated to the Committee,
particularly the economic position and the administrative and legal situation of air navigation.
He had also hoped that the relations between civil and military aviation would be discussed in
detail.
He had therefore been somewhat surprised to hear M. de Veer refer once more to Article 15
of the Convention of October 13th, 1919. M. Molfese did not think that any purpose would be
served by repeating the reasons by which the existence of Article 15 was justified. That article
had been thoroughly discussed, in its proper place, in June 1929, and in that discussion, not only
the representatives of States which had acceded to the International Convention, but also delegates
of States which had not acceded had taken part. Article 15, as it stood at present, had been
approved by States much more numerous than those represented on the Committee. The con¬
ditions of equality which it provided for made it possible for the civil aviation undertakings of the
small Powers to develop, by enabling them to establish themselves in future on conditions of equality
with those of the greatest Powers—and equality was the true basis of any real collaboration.
In order to make such collaboration possible, and to ensure that due consideration would be
paid both to States not represented on the Committee and to the C. I. N. A., M. Molfese hoped
that the Committee would not return to that question, since it was not competent to deal with
it. Indeed, any discussion on the matter might lead to disagreement, instead of promoting the
co-operation that the Committee was expected to create in regard to very important questions which
did not fall within the province of the C. I. N. A.
The Chairman replied that the limits of the competence of the Committee were a little difficult
to define. It was somewhat premature to decide whether the more or less extensive permission
given to companies to fly over various countries did or did not promote international co-operation.
The Chairman proposed that the Committee should adopt the following method of work : it might
first have a general discussion on the present position of international legislation concerning aviation.
It could then take up the question of the relations between civil and military aviation, and the Secre¬
tary should take note of the various suggestions on that matter which might be submitted. Lastly
the^ Committee might examine the reports and then carefully consider M. Molfese’s statement.
M. Pittard pointed out that the Committee could not exactly define the object of its work.
An exchange of ideas between its members, assisted by the expert knowledge of the Secretary of
the Committee, was necessary.
Should the Committee think a discussion of the Convention of 1919 advisable, such a discussion -
should not be confined to Article 15. For instance, M. Pittard himself did not accept the theories
of the sovereignty of the State and the nationality of aircraft ; but he thought it was not necessary
to undertake an examination of those questions.
There was, however, one other point with regard to which he was laying a draft resolution
before the Committee. In December 1919, immediately after the conclusion of the Convention
of that year, the Danish Government convened a meeting of all ex-neutral States not acceding to
the Convention and having similar interests, to consider the text of the Convention. A more or
less complete examination was carried out, and the C.I.N.A. had taken account of the desires
expressed on that occasion. It would appear desirable to endeavour in future to obtain much
closer co-ordination between the work of the various organisations dealing with questions of air
navigation. Those organisations included a large number of legal committees whose decisions
were not always in accord with each other. All members of the Committee desiied to further the
progress of air navigation by every possible means ; for that reason, M. Pittard’s draft resolution
suggested that the creation of an organisation for co-ordination should be placed on the programme
of the Committee. Perhaps the time had not yet come to take a decision on the point. M. Pittard
asked that his proposal should be taken into consideration with a view to examination later.