Treaties and International Law

International Treaties List as at January 2012

Transport

73. Air Services Agreements
Common name: ASA

Air Services Agreements (ASA) cover the provision of air transport services between states. Such bilateral Agreements and their related Understandings and Arrangements, generally regulate the rules for airline ownership and the routes, frequency and capacity of flights by national carriers between the States Parties (and sometimes beyond those states). They may include issues such as the provision of ground handling services, the procedure for approving tariffs, the designation of national carriers, and aviation security and safety.

• Brazil: Brazil has provided a draft “open skies” text and this is currently being considered ahead of consultations with Brazil being entered into. Negotiations due to commence by e-mail exchange between respective aeronautical authorities.
• European Union: The European Commission was granted a mandate to enter into negotiations with NewZealand on a comprehensive air services agreement on 13 June 2008, which would add on to the ‘horizontal’ agreement negotiated in 2005. Formal negotiations commenced in November 2008 but are currently on hold.
• South Africa: The ASA with South Africa, negotiated in 1997, was amended through the incorporation of new or amended articles relating to airline designation, aviation safety, tariffs, user charges and the route schedule. In addition, capacity for own-aircraft services was increased to seven services per week for the designated airlines of each side (up from three services per week). NewZealand and South African carriers may also now uplift supplementary traffic at all points in Australia for both own-aircraft operations and code-share services. Negotiations were held on 12-13 June 2008. Notes bringing the treaty amendments into force are still to be exchanged.
• Turkey: Negotiations for an air service agreement with Turkey were held on 27–28 May 2008. The text of the agreement has been finalised and was signed in March 2010. The agreement is now awaiting entry into force.
• Papua New Guinea: Amendments to articles in New Zealand’s Air Services Agreement with Papua New Guinea (signed 1994) relating to airline designation criteria, tariffs and the route schedule were negotiated in March 2010. In addition, an understanding was reached on increasing capacity for own-aircraft services. Notes bringing the treaty amendments into force are still to be exchanged.

Lead agency:

Ministry of Transport

Contact:

John Macilree
Principal Adviser Aviation
Aviation and Maritime
Ministry of Transport

Email: j.macilree@transport.govt.nz
Ph: (04) 439 9347
Fax: (04) 439 9004

Sonya van de Geer
Principal Adviser
Aviation, Maritime and Security
Ministry of Transport

Email: s.vandegeer@transport.govt.nz
Ph: (03) 366 9306
Fax: (03) 366 9317

 

74. Convention on the Suprerssion of Unlawful Acts Relating to International Civil Aviation and the Protocol Supplementary to the Convention for the Supression of Unlawful Seizure of Aircraft.
Common name: The Beijing Convention of Aircraft.

The Beijing Convention and Protocol further criminalise the act of using civil aircraft as a weapon, and of using dangerous materials to attack aircraft or targets on the ground. The treaties criminalise the unlawful transport of biological, chemical and nuclear weapons and their related material. They also provide for the criminal liability of those who direct and organise such conduct, and for criminal liability in certain circumstances in respect of threats and attempts. The treaties also update provisions to promote cooperation between States in combating the unlawful acts directed against civil aviation while emphasising the human rights and fair treatment of the suspects.

The Beijing Convention and Protocol are similar to the existing Suppression of Unlawful Acts Protocols, which apply in the maritime context.

Lead agency:

Ministry of Transport

Status:

Multilateral. The convention and protocol were adopted by an ICAO diplomatic conference, to be convened in Beijing on 10 September 2010.

Website:

www.icao.int

Particular interest Māori and other groups:

No specific potential impact on Māori interests anticipated.

Potential impact is primarily focused on government agencies, and to civil aviation operators (primarily airlines).

Legislation required:

Yes.

Contact:

Carl Reaich
Senior Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade

Email: carl.reaich@mfat.govt.nz
Ph: (04) 439 8214
Fax: (04) 439 8103

 

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