air traffic, Brazil had drawn up definite routes for such traffic, protecting, on a non-discriminatory basis, the rights of air carriers of all friendly nations engaged in international traffic in Brazil. With the purpose of harmonizing its interests with those of international air traffic, Brazil offered to all states, without distinction, the best route which could be established between South America and other continents.

It is not to be expected that the underlying states would take advantage of the principle of sovereignty to create unjustified and competitive obstacles to international air traffic. On the other hand, it should not be permissible that any international organization supersede the right of the states in the judgment of what is more convenient for its own interests.

Such an international organization would presuppose civil aviation itself to be international. As long as air transport is carried on by companies clearly defined by nationality, it seems impossible that the power to establish regulatory provisions for air traffic, which have been so far achieved by agreements between the interested nations, could be entrusted to an international body.

The Brazilian Delegation believes that the view it now endorses would, no doubt, offer a much better chance of harmonizing the interests of the countries concerned than would be the case if an international organization were created to impose its own rules, although on a provisional basis, and whose decisions would provoke misunderstandings and would retard the development of international air traffic.

MR. HYMANS: Gentlemen, we have been glad to hear the views of Brazil, whose troops are fighting now in the north of Italy.

I now recognize the Chairman of the Delegation from Panama. MR. ICAZA: Mr. Chairman, Fellow Delegates, Ladies and Gentlemen, the Delegation of Panama also wishes to express the views of its Government with respect to civil aviation.

We are instructed to state that the Republic of Panama is ready and willing to cooperate in the development of civil aviation.

In permitting flights over its territory, it must, however, take into consideration the importance of protecting installations which are vital to Panama and to world trade and which may be jeopardized by uncontrolled flying.

All rights granted by Panama to nationals of other countries are to be conditioned on reciprocity. While we realize that at present we have no national companies in operation capable of engaging in international flights, we must, nevertheless, insist on the principle of reciprocity in these matters with views for the future and to equity in flight policies.

Another point that we wish to make is that airlines should be essentially in the hands of private operators. Thus, airplanes will further friendly intercourse between nations and avoid the possibility of their use by one government as a means of advancing its own political aims.

The Republic of Panama is therefore opposed to the establishing of an international board with authority to permit or control flights over its territory.

While some differences of views have been advanced at this Conference, such divergence does not seem to prevent a general agreement on the main problems. The Government of Panama feels so confident of the success of this Conference, that it has already commenced the construction of a new airport capable of meeting all possible future requirements which can now be anticipated.

Aviation is taken very seriously by us because due to our geographical position the Isthmus must necessarily become a point of utmost importance in air routes.

MR. HYMANS: Gentlemen, we have just heard from Panama, whose views should be important, for she has one of the great airways of the world.

Now the Chair recognizes the Chairman of the Delegation of Nor

way.

MR. MORGENSTIERNE: Mr. Chairman, speaking for the Norwegian Delegation, I would like to say that we have listened with special attention to what has been expressed here today by the representatives of our great Allies. We certainly realize that their share both in our common victory and in our common future will be so predominant that anything they may say on the vital questions before this Conference deserves our closest and most respectful attention. We have also listened with the very greatest interest to the statements. just made by our other friends here.

Before we place before the Conference the aims and aspirations of Norway with regard to international civil aviation, the Norwegian Delegation would like to study carefully what has been said here today and then return to this matter at an early opportunity.

At this time, I want only to call the attention of the Conference to the very special circumstances in which those countries find themselves, which for four or five years have been occupied and devastated by a ruthless aggressor. I can, of course, speak for Norway only.

Evidently, we find ourselves handicapped in many respects compared to countries which happily have been spared the ravages of Nazi occupation and exploitation.

The very fact that we are not in our homeland and that, when we do get there, we do not know in what condition we shall find our country and our people, nor the wishes of the people, naturally makes our position a difficult one.

As soon as we get properly re-established on our own soil, however, I can assure you that we stand ready to take our rightful part in whatever form of international cooperation may be adopted by this Conference. What our distinguished Chairman, Mr. Berle, said this afternoon about suitable civil transport planes being made available to friendly nations as soon as the military situation permits, was reassuring indeed.

I have not the slightest doubt, judging from the dominant tenor of this gathering of representatives of freedom-loving peoples, that the very special situation of the occupied-now happily partly liberated nations-will be given due consideration.

I know that this Conference will never permit the consequences of a country having taken an active part in our common fight against the aggressors, to prejudice in any way its proper share in our common venture of world-wide civil aviation.

But I have thought it right, Mr. Chairman, at this stage already, to record a situation which, to those directly concerned, is a very real and might be a very serious one.

MR. HYMANS: Gentlemen, Let me express our great admiration for Norway and our happiness that their liberation has already begun.

Gentlemen, does anyone wish the floor? If not, I declare the meeting adjourned.

VERBATIM MINUTES OF THIRD PLENARY

Document 490

SESSION, DECEMBER 5

MR. BERLE: The Conference will please come to order.

The plan of work of this session of the Conference is to complete substantially all the paper work of the International Civil Aviation Conference. Tomorrow morning at 10:30 a Plenary Session will be held for the purpose of electing the States who will compose the Interim Council. That session will be a closed session. The reason for separating the two sessions is that in view of the criteria set up in electing the States members of the Interim Council, the balloting will necessarily be a rather long drawn-out matter and in consequence it seemed wiser to hold a special session tomorrow morning rather than attempt to do that tonight.

The first business to come before the meeting will be the reports of the Committees I, II, III, and IV and of the joint session of Committees I, III, and IV. I should like, accordingly, at this time to call on Mr. Martin, the Chairman of Committee I.

MR. MARTIN: (South Africa): Mr. President and Gentlemen, I have a short report to make on a group of subjects considered with great attention over a prolonged period. Committee I, on Multilateral Aviation Convention and International Aeronautical Body, has completed the work for which it was established and now reports as follows:

(1) The various documents relating to a permanent international convention, other than those which were considered under the joint auspices of Committees I, III, and IV, have all been considered by Committee I, which now recommends the approval of the Convention on International Civil Aviation, which is before you as Appendix II of the Proposed Final Act of the Conference.

(2) Document 466, proposed International Air Transport Agreement, was approved in principle by the joint plenary session of Committees I, III, and IV on December 1, and then referred to Committee I for further consideration. The proposed Agreement was carefully revised and is now recommended for approval as Appendix IV of the Proposed Final Act of the Conference.

(3) Having completed all business before it, Committee I now requests that it be discharged after the adoption of the report, which I beg formally to propose.

MR. BERLE: You have heard the report of Committee I, together with the request of that Committee for the approval of the Convention on International Civil Aviation and the proposed International Air Transport Agreement. These are the documents previously considered in subcommittee, in plenary session of the Committee, and by the Coordinating Committee. They appear to be in order. Is there

objection to their approval by the Conference at this time? The Chair hears none. May it be taken that these documents are now approved as the acts of the Conference; that they are approved in accordance with the report of the Chairman of Committee I?

There being no objection they will be taken as approved. With the discharge of Committee I, go the thanks of the Conference to that Committee, to its Chairman, and its Secretariat.

The next business to come before the meeting is the report of Committee II, on Technical Standards and Procedures. Since the Chairman of the Committee, Dr. Steenberghe, after working very long and faithfully, had to leave for Washington, Mr. McLean, the Acting Chairman, will report on his account. Before calling on Mr. McLean, I should like to say that Dr. Steenberghe, who had been separated for four cruel years from his wife, who was caught in Holland by the invading Nazi armies, was at length able to bring her out and his absence is due to the fact that she was brought to the United States by the Air Transport Command and he left to meet her. We wish him joy at that meeting.

Mr. McLean will report for Committee II.

MR. MCLEAN: Mr. President and Gentlemen, Dr. Steenberghe has asked me to convey to the Conference his sincere regrets that he was unable, due to the facts which Mr. Berle has just mentioned, to present the report of Committee II at the Plenary Session of the Conference and has asked me to act on his behalf. Speaking as Vice Chairman, I may say that I also regret he is not here to complete the Final Act with reference to the Committee he so ably headed. In organizing the work of Committee II, dealing with Technical Standards and Procedures, it was decided that it would facilitate the guidance and coordination of the work of the 10 subcommittees if Dr. Warner, with his wide technical qualifications were appointed Reporting Delegate. Dr. Warner graciously accepted this appointment, the functions of which he performed in his usual able manner. In continuation of these functions he will present to this session a résumé of the work of Committee II.

Mention should be made to the devotion to duty of all the members of the groups comprising Technical Committee II. All Subcommittees worked faithfully and without stint to produce their final reports, which were in the hands of Committee II by November 17. The officers, secretariat, and members of the Subcommittees and those in a similar capacity who assisted in the full Committee worked diligently, and through the contribution of much energy and outstanding technical proficiency produced the material underlying the report which will be presented by the Reporting Delegate to the Conference. On behalf of the Chairman and all members of the Committee, I can say with all sincerity that we are deeply grateful for the opportunity which has been afforded us to participate in the great work of this Conference, and I express the hope and firm conviction that the results arising from our united effort will become for all time a notable milestone along the great pathways of the air.

And now, Sir, I would like to present for the consideration of this Plenary Session the resolutions contained in Documents 475, 476, and 477, which were distributed this morning and which appear as Resolutions numbered II, III, and IV in the proposed Final Act.