Article 6 of the Chicago Convention

One way of resolving this issue might be to amend Article 6 of the Chicago Convention to be consistent with WTO philosophy. This could be done through Article 94, which provides that any proposed amendment to the Convention must be approved by a two thirds vote of attendees at an ICAO Assembly, such amendment to come into force only by ratification by a minimum of a two thirds vote of the ICAO membership of States." For such an amendment to take effect, at... 

The Protocol relating to amending the Chicago Convention to introduce Article 83 bis, signed at Montreal on 6 October 1980, entered into force on 20 June 1997. As at 5 May 2005, when this article was written, 144 States parties had deposited their instruments of ratification. 

Another issue that should be addressed concerns the legality of the applicability of one treaty over another. As discussed earlier, the Chicago Convention, in Article 6, clearly lays down a restriction which would be contrary to the principles of the GATS Agreement regarding the Most Favoured Nations Treatment (MFN) Clause where each member is required to accord immediately and unccaiditionally to services and service suppliers of any other member treatment no less favourable than that it accords to like services and service suppliers of any other country. Would this mean that, for example, the United States and Canada, which, after many decades of... 

Yet, commercial aviation has been nourished on a strange doctrine, which is based on the premise that aviation should primarily be used to strengthen friendship and understanding among the peoples of the world. This is a doctrine more suited to diplomacy, and should not exclusively be attributed to a commercial activity such as air transport. To make matters worse, the more appropriate doctrine for commercial aviation - competition - has been effectively rejected by the Convention on Civil Aviation Chicago Convention) in its Article 6 which provides that ... 

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