その他令和8年2月27日

航空協定(航空安全、協議、紛争解決に関する条項)

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令和8年2月27日
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航空協定(航空安全、協議、紛争解決に関する条項)

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ARTICLE 14
Aviation safety
1. If a Contracting Party finds that the regulations or practices on aviation safety maintained by the other Contracting Party in areas relating to aeronautical facilities, flight crew, aircraft and the operations of aircraft are not likely to conform to the international standards designated as Annexes to the Convention (hereinafter referred to as "the International Standards"), the former Contracting Party may request consultations with the latter Contracting Party. Such consultations shall take place within a period of thirty (30) days from the date of receipt of that request. If, following such consultations, the latter Contracting Party confirms that its regulations or practices on aviation safety do not conform to the International Standards, it shall take steps considered necessary to conform its regulations or practices to the International Standards. The former Contracting Party may advise the Secretary General of the International Civil Aviation Organization, if the former Contracting Party finds that the latter Contracting Party fails to take steps considered necessary to conform its regulations or practices to the International Standards within a reasonable period.
2. The competent authorities of each Contracting Party may search aircraft engaged in the agreed services operated by the designated airlines of the other Contracting Party, causing the operation of the aircraft unreasonable delay, to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and condition of aircraft conform to the International Standards.
3. When it is essential to ensure the safety of air navigation, each Contracting Party may immediately suspend or vary the operating permission of the designated airlines of the other Contracting Party. Any such action taken by that Contracting Party shall be discontinued once the basis for taking of that action ceases to exist.
ARTICLE 15
Consultations between the aeronautical authorities
It is the intention of both Contracting Parties that there should be regular and frequent consultations between the aeronautical authorities of the Contracting Parties to ensure close collaboration in all matters affecting the fulfilment of this Agreement.
ARTICLE 16
Settlement of disputes
1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by negotiation between themselves.
2. If the Contracting Parties fail to reach a settlement by negotiation, the dispute may, at the request of either Contracting Party, be submitted for decision to a tribunal of three arbitrators, one to be named by each Contracting Party and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either Contracting Party. Such third arbitrator shall act as the President of the tribunal. Each of the Contracting Parties shall designate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other Contracting Party of a diplomatic note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within a further period of sixty (60) days. If either of the Contracting Parties fails to designate its own arbitrator within the period of sixty (60) days or if the third arbitrator is not agreed upon within the period indicated, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators.
3. The Contracting Parties undertake to comply with any decision of the tribunal referred to in paragraph 2 of this Article.
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航空協定(航空安全、協議、紛争解決に関する条項) - 第13頁
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