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Published by Prof. Amit kashyap

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Published by: Prof. Amit kashyap on Feb 11, 2012
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Chapter 1
 Thai Version
the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations andpeoples of the world, yet its abuse can become a threat to the general security;
it is desirable to avoid friction and to promote that cooperationbetween nations and peoples upon which the peace of the world depends;
, the undersigned governments having agreed on certainprinciples and arrangements in order that international civil aviation may bedeveloped in a safe and orderly manner and that international air transport servicesmay be established on the basis of equality of opportunity and operated soundly andeconomically;
accordingly concluded this Convention to that end.
 Article 1Sovereignty 
  The contracting States recognize that every State has complete and exclusivesovereignty over the airspace above its territory.
 Article 2 Territory 
For the purposes of this Convention the territory of a State shall be deemed tobe the land areas and territorial waters adjacent thereto under the sovereignty,suzerainty, protection or mandate of such State.
 Article 3Civil and state aircraft 
 (a) This Convention shall be applicable only to civil aircraft, and shall not beapplicable to state aircraft.(b) Aircraft used in military, customs and police services shall be deemed to bestate aircraft.(c) No state aircraft of a contracting State shall fly over the territory of anotherState or land thereon without authorization by special agreement or otherwise, and inaccordance with the terms thereof.(d) The contracting States undertake, when issuing regulations for their stateaircraft, that they will have due regard for the safety of navigation of civil aircraft.
 Article 3 bis 
 (a) The contracting States recognize that every State must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception,the lives of persons on board and the safety of aircraft must not be endangered. Thisprovision shall not be interpreted as modifying in any way the rights and obligationsof States set forth in the Charter of the United Nations.(b) The contracting States recognize that every State, in the exercise of itssovereignty, is entitled to require the landing at some designated airport of a civilaircraft flying above its territory without authority or if there are reasonable groundsto conclude that it is being used for any purpose inconsistent with the aims of thisConvention; it may also give such aircraft any other instructions to put an end to such violations. For this purpose, the contracting States may resort to any appropriatemeans consistent with relevant rules of international law, including the relevantprovisions of this Convention, specifically paragraph (a) of this article. Eachcontracting State agrees to publish its regulations in force regarding the interceptionof civil aircraft.(c) Every civil aircraft shall comply with an order given in conformity withparagraph (b) of this Article. To this end each contracting State shall establish allnecessary provisions in its national laws or regulations to make such compliance
mandatory for any civil aircraft registered in that State or operated by an operator whohas his principal place of business or permanent residence in that State. Eachcontracting State shall make any violation of such applicable laws or regulationspunishable by severe penalties and shall submit the case to its competent authorities inaccordance with its laws or regulations.(d) Each contracting State shall take appropriate measures to prohibit thedeliberate use of any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State for any purpose inconsistent with the aims of this Convention. This provision shall not affectparagraph (a) or derogate from paragraphs (b) and (c) of this Article.
 Article 4 Misuse of civil aviation 
 Each contracting State agrees not to use civil aviation for any purposeinconsistent with the aims of this Convention.
 Article 5 Right of non-scheduled flight 
 Each contracting State agrees that all aircraft of the other contracting States,being aircraft not engaged in scheduled international air services shall have the right,subject to the observance of the terms of this Convention, to make flights into or intransit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of theState flown over to require landing. Each contracting State nevertheless reserves theright, for reasons of safety of flight, to require aircraft desiring to proceed overregions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.Such aircraft, if engaged in the carriage of passengers, cargo, or mail forremuneration or hire on other than scheduled international air services, shall also,subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo, or mail, subject to the right of any State where such embarkation ordischarge takes place to impose such regulations, conditions or limitations as it may consider desirable.

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