Page:United States Statutes at Large Volume 59 Part 2.djvu/1011

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Designation of route, etc. Charges. Withholding or re- voking certificate or permit. Examination of ac- tion by Council. Recommendation to assembly. Disagreement re- specting interpreta- tion, etc., of Agree- ment. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [59 STAT. Section 4 Each contracting State may, subject to the provisions of this Agree- ment, (1) Designate the route to be followed within its territory by any international air service and the airports which any such serv- ice may use; (2) Impose or permit to be imposed on any such service just and reasonable charges for the use of such airports and other facilities; these charges shall not be higher than would be paid for the use of such airports and facilities by its national aircraft engaged in similar international services: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council of the International Civil Aviation Organization estab- lished under the above-mentioned Convention, which shall report and make recommendations thereon for the consideration of the State or States concerned. Section 5 Each contracting State reserves the right to withhold or revoke a certificate or permit to an air transport enterprise of another State in any case where it is not satisfied that substantial ownership and effective control are vested in nationals of a contracting State, or in case of failure of such air transport enterprise to comply with the laws of the State over which it operates, or to perform its obli- gations under this Agreement. ARTICLE II Section 1 A contracting State which deems that action by another contract- ing State under this Agreement is causing injustice or hardship to it, may request the Council to examine the situation. The Council shall thereupon inquire into the matter, and shall call the States concerned into consultation. Should such consultation fail to resolve the difficulty, the Council may make appropriate findings and recom- mendations to the contracting States concerned. If thereafter a con- tracting State concerned shall in the opinion of the Council unreasonably fail to take suitable corrective action, the Council may recommend to the Assembly of the above-mentioned Organization that such contracting State be suspended from its rights and privileges under this Agreement until such action has been taken. The Assembly by a two-thirds vote may so suspend such contracting State for such period of time as it may deem proper or until the Council shall find that corrective action has been taken by such State. Section 8 If any disagreement between two or more contracting States relat- ing to the interpretation or application of this Agreement cannot