Page:United States Statutes at Large Volume 61 Part 3.djvu/770

 3060 Consultation. Failure to publish information, etc. "Territory." "Aeronautical au- thorities. " " International air services." 61 Stat., Pt. 2, p. 1207. Disputes. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [61 STAT. the laws and regulations referred to in Article V hereof, or otherwise to fulfil the conditions under which the rights are granted in accord- ance with this agreement and its annex. ARTICLE VII. (A) In a spirit of close collaboration, the aeronautical authorities of the two contracting parties will consult regularly with a view to assuring the observance of the principles and the implementation of the provisions outlined in this the present agreement and its annex. (B) In the event of the aeronautical authorities of either con- tracting party failing or ceasing to publish information in relation to the agreed services on lines similar to that included in the Airline Traffic Surveys (Station to Station and Origination and Destination) now published by the Civil Aeronautics Board and failing or ceasing to supply such data of this character as may be required by the International Civil Aviation Organization, the aeronautical authori- ties of such contracting party shall supply, on the request of the aeronautical authorities of the other contracting party, such informa- tion of that nature as may be requested. ARTICLE VIII. For the purpose of the present agreement and its annex- (A) the term "territory" as applied to each contracting party shall be deemed to be the land areas and territorial waters adjacent there- to under the sovereignty, suzerainty, protection, mandate, or trustee- ship of such contracting party; (B) the term "aeronautical authorities" shall mean in the case of the Union of South Africa the Minister in Charge of Civil Aviation, and in the case of the United States the Civil Aeronautics Board, and in both cases any person or body authorized to perform the functions presently exercised by the aeronautical authorities as defined herein; (C) the term "international air services" shall have the meaning specified in Article 96 of the Convention on International Civil Avia- tion signed at Chicago on December 7, 1944. ARTICLE IX. Except as otherwise provided in this agreement or its annex, any dispute between the contracting parties relative to the interpretation or application of this agreement or its annex, which cannot be settled through consultation, shall be submitted for an advisory report to a tribunal of three arbitrators, one to be named by each contracting party, and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either contracting party. Each of the contracting parties shall designate an arbitrator within two months of the date of delivery by either party to the other party of a diplomatic note requesting arbitra- tion of a dispute; and the third arbitrator shall be agreed upon within one month after such period of two months. If the third arbitrator is not agreed upon, within the time limitation indicated, the vacancy thereby created shall be filled by the appointment of a person, desig- nated by the president of the council of ICAO, from a panel of arbitral

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