LETTER OF TRANSMITTAL Hon. OVERTON BROOKS, Chairman, Committee on Science and Astronautics, MAY 11, 1961. DEAR MR. CHAIRMAN: We have long been living in a shrinking world; now we are living in a shrinking universe. Outer space has been penetrated too recently for the development of international rules for its use. Aircraft, however, cross continents in a few hours and at altitudes thought impossible not many years ago. In spite of these technical advances, the rules for flight in the air-from which rules for the use of outer space will largely evolve--have not yet been assembled in one place and one language. There is forwarded herewith for committee consideration a report entitled "Air Laws and Treaties of the World"-a compilation in English of the pertinent air laws and space laws of most of the principal nations, together with multilateral aviation treaties and agreements. This report will fill a great and immediate need in the field of aviation law. Furthermore, there is a close technical, and hence legal, relationship between navigation in the air space and that in outer space. Indeed, air space and outer space are inseparable. The Congress recognized this relationship in the National Aeronautics and Space Act of 1958, which authorizes the National Aeronautics and Space Administration to deal with problems "involved in the utilization of aeronautical and space activities." In the "Survey of Space Law" (H. Doc. No. 89, 86th Cong.), issued by the Committee on Science and Astronautics, the following questions were raised as to common legal problems in air and space activities: 1. What is the legal boundary between air space and outer space? 2. Do present international conventions for the regulation of civil aviation apply to space flight? 3. What is the relation to space flight of national aviation laws? 4. How can international agreement be reached on space jurisdiction and other basic matters of definition and classification? 5. What legal liabilities arise from injury or damage caused by space vehicles? 6. What provisions should be made for the ownership and commercial use of space resources and the legal incidents of space travel? It is believed that the publication of national and international flight rules in a single language and a single document will promote the general knowledge and understanding of the air laws of other countries, encourage the adoption of more uniform laws, and eventually assist in accomplishing an international agreement on the peaceful uses of outer space. This compilation, which was done as a public service on the contributors' own time, was prepared by Dr. William S. Strauss, Assistant to the General Counsel, Library of Congress, as editor-inchief and compiler, with Mr. Spencer M. Beresford, Special Counsel, Committee on Science and Astronautics, U.S. House of Representatives, as executive editor, and Mr. Charles Biondi, Administrative Assistant to the Chairman, Civil Aeronautics Board, as assistant editor. Translations of the air laws of the countries indicated were made by the following persons: Cho, Sung Yoon (Japan), Law Library, Library of Congress Chokel, Bogomir (Yugoslavia), General Reference and Bibliography Division, Library of Congress Esparolini, Ramon (Argentina, Brazil), attorney at law, Washington, D.C. Gheorghiu, Raoul (Romania), Washington, D.C. Gjupanovich, Fran (Yugoslavia.), Law Library, Library of Ho, Pei Shih (Taiwan), Law Library, Library of Congress Rusis, Armins (U.S.S.R.), Law Library, Library of Congress Sipkov, Ivan (Bulgaria), Law Library, Library of Congress Stoicoiu, Virgiliu (Romania), Law Library, Library of Congress Strauss, William S. (Austria, Belgium, France, Germany, Mexico, Switzerland) The project, while in progress, was encouraged and supported by the aviation law committee of the Federal Bar Association and by the directors of the foundation of the Federal Bar Association. Sincerely yours, CHARLES F. DUCANDER, Executive Director and Chief Counsel. AIR LAWS AND TREATIES OF THE WORLD AFGHANISTAN CIVIL AVIATION ACT OF AFGHANISTAN OF AUGUST 12, 1956, AS AMENDED TO NOVEMBER 2, 19571 CHAPTER ONE-GENERAL AIMS ARTICLE I. The Royal Government of Afghanistan, considering: 1. The country's need of having a law for the regulation and control of Civil Aviation in the national interest, 2. The need to create an efficient, relatively autonomous organization for the administration of civil aviation. 3. The need to discharge this country's obligation under the international agreements and treaties to which Afghanistan is or may become a party, and particularly under the convention on International Civil Aviation opened for signature at Chicago on December 7, 1944, Decrees the following: CHAPTER TWO-REGULATION AND CONTROL OF CIVIL AVIATION ARTICLE II. Afghanistan retains complete and exclusive sovereignty over the airspace above its territory. ARTICLE III. An Afghan aircraft or of a foreign country, member of the ICAO, is free to fly in Afghanistan provided it complies with the requirements of the Convention on Civil Aviation; any other foreign aircraft must have moreover, the authorization of the Department of Civil Aviation. ARTICLE IV. An aircraft may exercise a commercial activity as long as it complies with the laws and regulations of the country and provided that prior specific authorization in accordance with the article (10) has been obtained from Afghan civil aviation authorities. ARTICLE V. Subject to approval by the Government, the Department of Civil Aviation may, for reasons of military necessity or public safety, prohibit or restrict uniformly the flight of any aircraft over certain areas of Afghan territory. ARTICLE VI. An aircraft can obtain Afghan nationality when it is registered in the Aircraft Register. The conditions for registration are as follows: a. The aircraft must not be registered in any other country and if previously registered in any other country, the former registration must be cancelled. 1 English text supplied by the Royal Afghan Government. b. The aircraft must belong to the Afghan Government or its nationals, foreign residents in Afghanistan, or a company or corporation registered in accordance with the regulations in Afghanistan. ARTICLE VII. An aircraft registered in the Aircraft Register may be flown, provided it has a valid certificate of airworthiness. ARTICLE VIII. No person may pilot an aircraft, or participate in operating the aircraft as a member of the crew, or act as flying instructor, unless he holds an appropriate license. ARTICLE IX. The Department of Civil Aviation may, in cases of contravention with article 8, revoke or temporarily suspend a permit, or license granted by it, or limit the rights contained therein, irrespective of penal proceeding. ARTICLE X. Any person, physical or legal, desiring to undertake commercial air transportation must obtain an operating certificate from the Department of Civil Aviation. ARTICLE XI. When any of the conditions necessary for the issue of an operating license no longer exist, or the holder of such certificate fails to comply with any of its provisions, the Department of Civil Aviation may revoke or temporarily suspend the operating certificate, or limit the rights granted therein. ARTICLE XII. The importation of aircraft, engines, spare parts, all ground equipment, with regard to the objective of encouraging the development of civil aviation will be free from custom and other duties. ARTICLE XIII. As a legal body, the Department of Civil Aviation can buy any kind of stable property in accordance with the Property Act, if it is necessary for the development of the civil aviation or the executing of its aims. ARTICLE XIV. The Government may, upon the proposal of the Department of Civil Aviation, prohibit the construction of any building within a specified distance from the limits of an airport or airnavigation facility, if the construction of this building would create danger to aircraft in flight. If such a building or obstacle existed prior to the enforcement of the present Act, the Government may remove or restrict it. Compensation for such damage must be made by the D.G. of C.A. [Director General of Civil Aviation]. The Department of Civil Aviation may use any public or private property either land, building or structure, for installation of airnavigation facilities necessary for the safety of flight, and has the right of entry to the said land, building or structure for the purpose of installing, operating or maintaining the said facilities. If, as a result of the installation, operation or maintenance of the said facilities, any inconvenience is caused, compensation for such inconvenience must be made by the Department of Civil Aviation. CHAPTER THREE-THE DEPARTMENT OF CIVIL AVIATION ARTICLE XV. There shall be a Director General of Civil Aviation who shall head the Department of Civil Aviation, and who shall have responsibility for the administration of civil aviation, in Afghan The Director General of Civil Aviation under general control of the Prime Minister or such Minister as may be designated by the Government is authorized to: a. Organize air routes so that the country may benefit from the advantages of air transportation, establish such airports as are needed and provide air-navigation facilities and ground services necessary for the safe, regular, efficient and economical operation of civil aircraft into or over the territory of Afghanistan. b. Foster air services with foreign countries for the purpose of developing and strengthening the economic and cultural relations of Afghanistan with those countries and negotiate appropriate agreements. c. Encourage air transport organizations in order to provide for the needs of external and internal air transportation of passengers, cargo and mail. d. Foster any other civil aviation activities. e. Collect or arrange for the collection of charges for the use of airports, air-navigation facilities and ground services in accordance with the established regulations. f. Supervise civil aviation activities according to the Civil Aviation Act and regulations in force. g. Establish, collect or arrange for collection of fees in accordance with the Regulations, for the licenses, certificates and other documents. h. Organize and sponsor training of Afghan nationals in different fields of civil aviation services. i. Prepare and administer the annual and investment budgets for Civil Aviation. j. Participate in the International Civil Aviation Organization and attend international aviation conferences with the approval of the Government. k. Issue the regulations concerning different aspects of civil aviation activities and related to: 1. Flights of Afghan and foreign aircraft in or over Afghanistan. 7. Customs procedures for aircraft entering or departing Afghanistan. 8. Aircraft documents. 9. Registration of aircraft. 10. Training of aviation personnel. 11. Training institutions. 12. Factories and maintenance. 13. Air transport. 14. Aircraft in distress. 15. Investigation of accidents. 16. Telecommunication. 17. Suspension or revocation of permits, certificates or licenses. |