Conclusion

Abstract

The ultimate question is, what should be done to align the Chicago Convention towards current trends in air transport and provide generally acceptable global principles? Should the Convention be amended in all the places that are irrelevant and reflect the trends that prevailed 65 years ago? This is easier said than done. Amendment of the Convention is governed by the international law of treaties. The Vienna Convention on the Law of Treaties (1969), which governs this subject stipulates in Article 40(2) that any proposal to amend a multilateral treaty as between all the parties must be notified to all the contracting States, each one of which shall have the right to take part in: (a) the decision as to the action to be taken in regard to such proposal; (b) the negotiation and conclusion of any agreement for the amendment of the treaty. Every State entitled to become a party to the treaty shall also be entitled to become a party to the treaty as amended. the amending agreement does not bind any State already a party to the treaty which does not become a party to the amending agreement; article 30, paragraph 4 (b), applies in relation to such State. Any State which becomes a party to the treaty after the entry into force of the amending agreement shall, failing an expression of a different intention by that State: be considered as a party to the treaty as amended; and be considered as a party to the unamended treaty in relation to any party to the treaty not bound by the amending agreement.