(b)
The insurer was .nancially sound and able to meet his commitments.
(c)
Necessary foreign exchange would be made available so that the compensation could be paid in the currency of the third party.145
Following the recommendations of the Legal Committee, the ATC presented to the Council some draft comments – which included, inter alia, special reduced limits for gliders, since they did not consume fuel, had no weight, making damage caused by gliders minimal.146
It was also recommended to the Council the de.nition of “in .ight” as existing in the 1933 Rome Convention was inappropriate in the case of helicopters as they did not have a landing run.147
It is worthy of note that the Chicago Conference of 1944 did not make any reference to the Rome Convention of 1933 although the Conference encouraged States to give consideration to the early calling of an international conference on private air law for the purpose of adopting a convention dealing with transfer of title to aircraft and to ratify or adhere to a Convention for the Uni.cation of Certain
143AT-WP/224, 10 October 51 at 10.
144At that time it was statistically shown that aircraft accidents involving large third party claims
occurred infrequently. See AT-WP/247, 10 October 1951, p. 6.
145AT-WP/247, 7/11/51, p. 11.
146Economic Aspects of the Mexico City Draft Convention on Damage Caused by Foreign
Aircraft to Third Parties on the Surface. AT-WP/248 7/12/51, p. 2. 147C-WP/1077, 10/12/51, p. 2.
B. Other Aspects of Responsibility
Rules Relating to the Precautionary Attachment of Aircraft, also done in Rome in 1933. Following the Chicago Conference, the Interim Assembly of PICAO in 1946 also made no mention of the Rome Convention of 1933 relating to damage caused by aircraft to third parties on the surface.
At its .rst session of the ICAO Assembly in 1947, certain delegates pointed out that their Governments had been advised not to ratify that Convention in view of the changing conditions of air transport. Consequently, task of revising that Convention was placed on a sub-Committee, and thereafter by a Commission and the Plenary of the Assembly itself, which examined the work programme of the Legal Committee which had just been established by that Assembly. A high priority was given to that revision; discussions having followed immediately after the questions of recogni-tion of rights in aircraft, the Warsaw Convention and de.nitions.
At its .rst session held in Brussels in September 1947 the Legal Committee appointed a Sub-Committee on the Revision of the Rome Convention.
From that moment the revision of the Rome Convention was continuously under study, .rstly by a sub-committee which held three sessions and thereafter by a rapporteur entrusted with the preparation of a draft text, leading .nally, during three sessions, to its examination by the Committee itself and the Legal Commission of the Assembly. Ad hoc sub-committees were also established from time to time for the consideration of special problems. All these bodies together held a total of 160 meetings, averaging approximately three hours each.148
During this phase of the work, the Organization maintained close contact with the Governments and the international organizations concerned. The Governments were consulted six times and not less than 20 States sent detailed answers. The international organizations, and in particular the International Air Transport Asso-ciation and the International Union of Aviation Insurers, were represented at almost all the meetings. The Committee, the Commission and the various sub-committees had before them numerous studies prepared by the Secretariat.149
The result of that work was the adoption by the Legal Committee at its seventh session (Mexico City, January 1951) of a “.nal draft” which was transmitted to the Council together with a report by the Chairman. The Committee recommended that the Council circulate the draft “with such comments as it deems appropriate”. 中國航空網 m.k6050.com 航空翻譯 www.aviation.cn 本文鏈接地址：Aviation Security Law 航空安全法(51)
