During this phase of the work, the Organization maintained close contact with the Governments and the international organizations concerned. The Govern-ments were consulted six times and not less than 20 States sent detailed answers.
163AT-WP/247, 7/11/51, p. 11.
164Economic 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.
165C-WP/1077, 10/12/51, p. 2.
166See Vol. II, page 13 for the details of the meetings.
The international organizations, and in particular the International Air Transport Association 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.167
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”.
In accordance with that recommendation and a suggestion of the Chairman of the Legal Committee, the Council, on 6 April 1951, referred the draft Convention to the ATC for consideration and report on the desirability, on economic and policy grounds, of the retention or modi.cation of Chapter III (Security for Operator’s Liability) and Article II (Limits of Liability) and on such other economic aspects as the Committee deemed appropriate for comment. The Council also decided not to request Contracting States to provide material to assist the ATC in its study of the two speci.c questions referred to it; however, on 20 June 1951, a questionnaire was circulated to States in order to obtain further factual information bearing on the economic aspects of the convention.
The ATC studied the questions referred to it at its session of October–December 1951 during 11 meetings, and reported to the Council, which on 12 December 1951 approved comments on the economic aspects of the draft convention for transmis-sion to States. The Council reserved the possibility of further study of the expres-sion “in .ight” and of comment on other points.168
C. The Rome Convention of 1952
I. Background
The Rome Convention of 1952169
entered into force in February 1958 and was rati.ed by only 46 States Parties, a fact which largely brings to bear its irrelevance to modern day exigencies of liability in air transport. As was stated earlier, the principles of the Convention were conceived by the Legal Committee of ICAO, at its 7th Session in Mexico City, which completed a .nal draft of the Convention containing principles of liability for damage caused to third parties on the surface by foreign aircraft. The text of the completed draft convention was presented to the ICAO Council for comments.170
In particular, the Legal Committee requested the
167These studies are listed in Vol. II, page 14.
168No supplementary comment was formulated by the Council.
169Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface, signed at
Rome on 7 October 1952. See ICAO Doc 7364. 中國(guó)航空網(wǎng) m.k6050.com 航空翻譯 www.aviation.cn 本文鏈接地址：Aviation Security Law 航空安全法(55)
