Foreign Relations of the United States Diplomatic Papers, 1937, The American Republics, Volume V

579.6 AC1/232

The Secretary of State to the Members of the American Delegation to the Inter-American Technical Aviation Conference¹

[Washington,] September 2, 1937.

Sirs: The Inter-American Technical Aviation Conference to which you have been designated as representatives of this Government, is to be convoked in accordance with Resolution LIII of the Seventh International Conference of American States;² Resolution XXVIII [XXXVIII] of the Pan American Commercial Conference, Buenos Aires, 1936 [1935],³ and Resolution XLVIII of the Inter-American Conference for the Maintenance of Peace.⁴ The program of the conference has been formulated by the Government of Peru based upon the above-referred-to resolutions and suggestions of the Governments of the American Republics.

The Government of the United States has accepted an invitation extended by the Government of Peru to attend the Inter-American Technical Aviation Conference which will meet in Lima from September 16 to September 23, 1937.

The Government of Peru has suggested that the closing of the conference be celebrated by the inauguration in Lima of a monument to the Peruvian aviator, Jorge Chavez, and has requested the Government of the United States to send aircraft to Lima to participate in that celebration. This Government has been pleased to comply with the request and is sending the U.S.S. Ranger, an aircraft carrier with a complement of 78 planes. The Ranger will be accompanied by two destroyers, the U.S.S. Worden and the U.S.S. Hull.

In conjunction with the conference, the Peruvian Government is organizing an aeronautical exhibition and the Department of Commerce, the Weather Bureau, and the Federal Communications Commission have collaborated in preparing an exhibit for this Government which will be displayed during the period of the conference.

You have already been notified of your appointment as a delegate of the Government of the United States to this technical aviation conference and I wish to express appreciation of your acceptance of the appointment to represent the Government of the United States at such an important occasion.

Agenda

The agenda for the conference is as follows:

A. To study the manner of accelerating Inter-American communications contemplating the following points:

1. Marking of the aerial routes and airdromes.

2. International cooperation in meteorological and radio-electric services.

3. Simplification of the procedure for procuring permission for international flights.

B. To study the manner of unifying international legislative standards in the Americas;

The drafting of an air code by a Permanent American Aeronautic Committee (C. A. P. A.) which will take into partial or complete account the juridic work of the C. I. N. A. and of the C. I. T. E. J. A.—studying aerial war limitations in America.

C. To work for cheaper aerial transport through:

1. The adoption of a special customs tariff in each country for aviation supplies, and meteorological and radio-electric services therefor.

2. Recommendation for the lowering or reduction of the taxes on combustibles and lubricants.

3. Placing insurance of air-ships in the countries of the Americas.

D. To promote the development of aviation sanitation in the American countries.

E. To promote tourist travel by air, by means of:

1. The creation of aviation clubs;

2. The creation of a federation in which such clubs may be affiliated;

3. Facilitating aerial travel by tourists.

Regulations

The draft of regulations which has been formulated by the organizing committee established by the Government of Peru, is attached hereto.⁵ It is presumed that these regulations will be presented to the conference for adoption and there would seem to be no reason why they should not be approved.

General Policy

The United States has always taken a deep interest in Pan American relations and in inter-American conferences and you will be guided by the following general instructions to the delegates to the Seventh International Conference of American States in 1933:⁶

“1. Importance of Pan American Policy.

“Never before have the need and benefit of neighborly cooperation in every form of human activity been so evident as they are today. Friendship among nations calls for constructive efforts to muster the forces of humanity in order that an atmosphere of close understanding and cooperation may be cultivated. You will endeavor to be guided by the policy enunciated by President Roosevelt in his inaugural address: ‘The policy of the good neighbor—the neighbor who resolutely respects himself and, because he does so, respects the rights of others—the neighbor who respects his obligations and respects the sanctity of his agreements in and with a world of neighbors.’ You will keep in mind the conviction that the well-being of one nation depends in large measure upon the well-being of its neighbors.

“It is an established principle of our international policy that: ‘Among the foreign relations of the United States as they fall into categories, the Pan American policy takes first place in our diplomacy.’ The policy of the Government of the United States towards the Republics of Latin America is one of mutual beneficial cooperation and it is of paramount importance that the spirit of this policy be manifested in your attitude and action at the Conference.

“The coming together of men typical of the best feeling and thought of all the Republics of the Western Hemisphere can be an important factor in the promotion of friendly international relations. Pan-Americanism has been founded upon the common ideals and a community of interests among the American Republics and it is with this in view that I desire you to give your studious attention not only to the particular subjects before the Conference, but also to the task of becoming imbued with the spirit which animates the inter-American policy of the United States.

“2. Unique position of United States.

“Our country has occupied a unique position with regard to the nations of Latin America. Our national individuality and independence were acquired before theirs, and when they achieved independence they turned to us for moral guidance and support. But today, and for many years past, they have stood alone, free, independent and self-reliant. The United States does not desire, and in no sense can it be contemplated, that any of the American peoples should be in a state of tutelage. The independence of each Republic must recognize the independence of every other. We wish the fullest possible development in the national lire of the Republics of America in complete accord with their own national characteristics and aptitudes. Each nation must grow by an advancement of civilization and social well-being, and not by the acquisition of territory at the expense of any neighbor or by forcing the will of one nation upon that of another. If it is possible for us to assist them in any way through our development and our achievements in science and industry, we shall be glad to extend such assistance in the most friendly manner, but we shall not proffer it unless it is desired.

“You should endeavor, therefore, to impress upon the representatives of the other American Republics that we desire, above all, their material prosperity and their political security and that we entertain only friendly sentiments for them. You will endeavor to foster a spirit of generous cooperation and manifest a sincere interest in their respective efforts and aspirations. It would not seem opportune for the delegates of the United States to assume a role of leadership in the Conference, either in its official organization or in its discussions. Your attitude should be to favor a friendly expression of views by the delegates of the various countries and, with due regard to the specific instructions which appear hereinafter, to support only those proposals which would appear to be of common interest and which merit the unanimous approval of the American Republics.”

Noncontroversial subjects.

It is felt that this technical conference may be productive of most effective results if its discussions can be limited to noncontroversial questions. Furthermore, any academic discussions of highly controversial questions would tend to create an atmosphere not entirely harmonious. It is the opinion of this Government that much more substantial progress of an enduring nature can be made if the discussions can in fact be restricted to subjects of vital and immediate importance and of general interest.

Political Controversies or Problems.

You should bear in mind that this conference has been called to consider aviation matters and therefore you should refrain from any discussion whatsoever of any question of a political nature. You will endeavor to have the conference restrict its activities to those subjects already on the agenda and should any attempt be made to consider a political controversy or problem you will explain that you have no authority to consider such questions. You should point out that this conference was called specifically to consider technical problems relating to aviation and a discussion of other problems would be inappropriate and inadvisable.

The members of the delegation of the United States should in the deliberations of the conference be animated always by a spirit of friendly cooperation with the delegations of the other countries, having in mind, however, the views of the Government of the United States as to the action that should be taken by the conference.

The members of the delegation will be furnished with data on the various subjects to be considered at the conference.

In connection with new proposals submitted for consideration, the delegation should always consider whether the adoption of such proposals would adversely affect aviation interests of the United States in the American Republics, or would tend to further the development thereof or to make possible the establishment of new interests which might be of advantage to the United States.

There is no indication in the agenda of the conference of any intention to draft international conventions on the various subjects to be considered at Lima, and it does not appear that there will be sufficient time for an adequate study and analysis of the various questions to warrant the drafting of conventions. However, the members of the delegation of the United States are being furnished full powers to sign conventions, for use in the event that the conference should decide to draft one or more conventions and the delegation should feel that it would be in the interest of the United States to sign them. The delegates are not, however, authorized to sign any convention without prior reference to the Secretary of State.

In the event that there should be any tendency on the part of the conference to favor entrusting to the governments sole jurisdiction over the installation and maintenance of radio and meteorological facilities, the delegation should point out that in the present state of the development of international air navigation, all possible contributions to the science should be welcomed and that any attempt to restrict these services would hinder rather than assist the cause of rapid aerial transportation which is the objective of the conference. While encouraging the development of radio and meteorological facilities by the various Governments, the delegation should, for the reasons above stated, oppose any attempt on the part of those Governments to restrict the use by aviation companies of their own facilities. Sincere cooperation between the Governments and the companies will obviously serve the best interests of both. Furthermore, such cooperation would have the advantage of distributing more evenly among the companies and the Governments concerned the heavy cost of operating these expensive services.

The delegates should bear in mind that the radio requirements of air services constitute only one phase of the problems relating to the organization and coordination of international radio services on a cooperative basis. It is believed that a discussion of questions relating to radio at the Lima Conference should be limited to a consideration of the nature of the radio cooperation which is required solely by the air services. Even as regards the technical problems relating to the methods of administering radio aids to air navigation, it is suggested that consideration might quite properly be given to a reference of such problems to the Inter-American Radio Conference which is scheduled to convene in Habana, November 1, 1937.⁷

Item B of the agenda reads:

“B. To study the manner of unifying international legislative standards in the Americas:

“The drafting of an air code by a Permanent American Aeronautic Committee (C. A. P. A.) which will take into partial or complete account the juridic work of the C. I. N. A. and of the C. I. T. E. J. A.—studying aerial war limitations in America.”

C. I. N. A., mentioned in the quoted item, has reference to international public air law, and C. I. T. E. J. A. has to do with international private air law.

Experience has shown that it has been impracticable for a single body to deal adequately with the preparation of a single code of public and private international air law. The International Commission for Air Navigation (C. I. N. A.), functioning under the terms of Article XXXIV of the International Convention for the Regulation of Aerial Navigation, signed at Paris on October 13, 1919,⁸ has developed numerous regulations within the field of international public air law and is continuing to adopt such regulations. One has only to examine the voluminous documents issued by that commission to realize how many ramifications there are to the development of international public air law.

It is possible that in connection with a discussion of public international air law one or more of the delegations may bring up the question of recommending that the American Republics become parties to the International Convention for the Regulation of Aerial Navigation signed at Paris on October 13, 1919, or that they adopt portions of that Convention or its annexes. This Convention was signed on behalf of the United States of America but has not been ratified by the United States. Argentina, Peru and Uruguay are parties to the Convention. Panama, Bolivia and Chile were at one time parties to the Paris Convention but have withdrawn from participation in the Convention.

The Government of the United States has never deemed it to be advisable to make any public announcement of its reasons for not ratifying the Paris Convention but finds it necessary at this time to invite the attention of the delegation to certain objectionable features of the Convention, copies of which will be made available to the delegation. It is to be observed that the Convention contains Annexes A–H which embody very important technical regulations designed to give effect to the Convention. It will be noted from the examination of these annexes that they are very lengthy and complicated. They are, with the exception of Annex H relating to customs procedure, subject to frequent changes by the International Commission for Air Navigation, a permanent organization created under the terms of Article XXXIV of the Convention. As applied to the United States, if the Convention should be ratified by the Government of the United States, the regulations as adopted by the International Commission for Air Navigation would be binding on the United States without the Government of this country having an opportunity to determine whether they would be acceptable.

It is very doubtful whether an organization composed largely of representatives of European countries would be in a position to adopt regulations that would be entirely adaptable to flying conditions in the territories of the American Republics. Taking as an illustration the technical requirements of the Paris Convention in regard to airworthiness requirements for aircraft, it is to be observed that the Government of the United States has by pursuing an independent course in the formulation of its airworthiness requirements succeeded in building up a set of such requirements which, it is believed, are superior to those of many countries, including some that are parties to the Paris Convention.

While it is believed to be desirable to endeavor to refrain from any severe criticism of the Paris Convention which might unnecessarily antagonize the proponents of world wide uniformity in the regulation of aerial navigation, or the Secretariat of the International Commission for Air Navigation with which the Government of the United States is on friendly terms in the matter of the exchange of aeronautical data for publication, the delegation should nevertheless take a firm position in stating that in the formulation of a code of international public air law, the Governments of the American Republics should be primarily interested in the adoption of measures that are adaptable to flying conditions in the American Republics, and that while it would of course be appropriate in the drawing up of such a code to give due consideration to the provisions of all existing codes as embodied in the multilateral or bilateral conventions, it should not be the purpose of the framers of the code for the American Republics to assume that the Paris Convention necessarily constitutes the best model to follow or that that Convention should be generally adopted by the American Republics.

A separate organization, known as the International Technical Committee of Aerial Legal Experts (C. I. T. E. J. A.) was organized in 1926 for the purpose of drawing up a comprehensive code of international private air law. The committee has held at least two sessions annually since its organization and has drawn up several draft international conventions on various subjects of international private air law. Some of the draft conventions drafted by the C. I. T. E. J. A. have already been referred to diplomatic conferences for final adoption and signature. The preliminary draft of the convention relating to international air transportation, including important provisions regarding the liability of the air carrier for damages caused in the transportation of passengers and goods, signed at Warsaw, Poland, on October 12, 1929,⁹ was prepared by C. I. T. E. J. A. The Convention as signed at Warsaw has been ratified or adhered to by a number of countries, including the United States of America, Mexico, and Brazil.

The delegates of the United States to the Pan American Commercial Conference which met in Buenos Aires May 26–July [June] 19, 1935, were instructed to propose the adoption of a resolution urging that the various governments study the rules of the Warsaw Convention. The Conference approved a resolution recommending that the governments “members of the Pan American Union adopt the Convention of Warsaw”. It is still the view of the Government of the United States that the provisions of the Warsaw Convention might well be given a thorough study by the Governments of the American Republics which have not yet become parties to this convention.

The attention of the delegation is invited to Resolution XXXIV, adopted at the Pan American Conference held at Buenos Aires from May 26 to June 19, 1935,¹⁰ which recommended that the governments of the American Republics study and consider the researches of the International Technical Committee of Aerial Legal Experts (C. I. T. E. J. A.).

Several Latin American countries are listed as being represented in the work of the C. I. T. E. J. A. Apparently, however, they have not taken an active part in the deliberations of that body and presumably the representatives of these Latin American countries on the C. I. T. E. J. A. have been present at meetings only as observers. It appears, however, that a number of Latin American countries have participated in diplomatic conferences which adopted and signed conventions based upon drafts prepared by the C. I. T. E. J. A. as shown in a tabulation included in the data in the files of the delegation. The United States of America is represented in the work of the C. I. T. E. J. A. and representatives of this country have taken an active part in the deliberations of that body.

It is believed that it would be advisable to await further studies by the C. I. T. E. J. A. of questions of international private air law before determining whether it would be in the interests of the American Republics to undertake a separate study of such questions. Additional information in regard to the work of the C. I. T. E. J. A. and the extent of participation therein by the American Republics is included in the data being furnished the delegation.

So far as aerial war limitations are concerned, the delegation should definitely take the position that the work of the conference should be limited to a consideration of international civil air navigation. A reference to extraneous subjects such as military aviation would, it is believed, raise controversial questions of a political nature that would greatly impair the usefulness of the Lima Conference, and the delegation is not authorized to discuss such questions.

Having specific reference to Item B, discussed above, the delegation of the United States may agree to cooperate in the making of recommendations with respect to the possible adoption of a Permanent Inter-American Aeronautical Committee. It is believed, however, that more practical results would be achieved if such committee should limit its studies to the development of international public air law.

It should be borne in mind in this relation that there already exists a multilateral convention, known as the Habana Convention on Commercial Aviation, adopted at Habana, Cuba, on February 20, 1928,¹¹ during the Sixth International Conference of American States, which contains important principles relating to international public air law for application in the American Republics. The Government of the United States considers that the Governments of the American Republics have, in the adoption of the Convention given another indication of the spirit of neighborly cooperation and that they have made a very important contribution to the progress of aeronautical development.

As having an important relationship to the questions on the agenda, as well as to any labors that may eventually be undertaken by a permanent Inter-American aeronautical committee, if organized, the attention of the delegation is especially invited to Article XXXI and the first paragraph of Article XXXII of the Habana Convention on Commercial Aviation.

Article XXXI reads:

“The contracting states obligate themselves in so far as possible to cooperate in inter-American measures relative to:

• “(a) The centralization and distribution of meteorological information, whether statistical, current or special;
• “(b) The publication of uniform aeronautical charts, as well as the establishment of a uniform system of signals;
• “(c) The use of radiotelegraph in aerial navigation, the establishment of the necessary radiotelegraph stations and the observance of the inter-American and international radiotelegraph regulations or conventions at present existing or which may come into existence.”

The first paragraph of Article XXXII is as follows:

“The contracting states shall procure as far as possible uniformity of laws and regulations governing aerial navigation. The Pan American Union shall cooperate with the governments of the contracting states to attain the desired uniformity of laws and regulations for aerial navigation in the states parties to this convention.”

It is clearly evident from the quoted articles of the Habana Convention, which was signed by representatives of all the American Republics, that the framers of the Convention intended that any action taken along the lines indicated in these articles would be for the purpose of carrying out the general provisions of the Convention and making it effective. The delegation should in this connection definitely take the position that any action taken by the Lima Conference on technical questions that might fairly be regarded as coming within the scope of Articles XXXI and XXXII of the Habana Convention, will be directly related to this Convention and for the purpose of making the Convention effective.

While it is uncertain as to what may be proposed at Lima in regard to the scope and authority of the proposed permanent committee, it would seem to the Government of the United States to be desirable that any recommendations of such permanent committee be made subject to acceptance at periodical international conferences of American States.

It is realized that difficulties will probably arise in discussions as to the scope of the work to be undertaken by a permanent American aeronautical committee and as to the frequency of its sessions, et cetera. The extent of authority to be given such a committee will be of special importance. While the Government of the United States would be glad to cooperate in the work of such a committee, if organized, this Government could not be bound by any decisions of the committee unless and until accepted by this Government.

If it is decided to organize a permanent Inter-American aeronautical committee, the delegation should indicate that it is the view of the Government of the United States that any uniform regulations that the committee might eventually draft would be for the purpose of giving effect to the Habana Convention on Commercial Aviation as it is now worded or as it may later be revised. It would be appropriate also for the delegation to propose that such a committee might well devote its efforts toward the drafting of annexes containing technical regulations to supplement and carry out the provisions of the Convention. It is believed, however, that there will not be sufficient time at Lima to undertake a revision of the Convention. In view of the extensive studies that would be required before undertaking such a revision, it is possible that the members of the Lima Conference may, if this matter is taken up, desire to determine the most desirable method of approaching the task of revision and the drafting of regulations. In such event, the delegation, provided it perceives no objections to the method proposed, may indicate the willingness of this Government to cooperate. As of possible interest, data are in the files of the delegation showing the results of a preliminary study of the Habana Convention made by officials of this Government.

At its session of April 29, 1932, the Permanent Committee of the International Public Health Office adopted an International Sanitary Convention for Aerial Navigation. The convention was opened for signature at The Hague on April 12, 1933.¹² In general the effect of the convention will be to facilitate international air transportation as much as possible consistently with the necessity of guarding against the introduction of infectious communicable diseases. Without definite and uniform sanitary regulations international air transportation might be seriously impeded in the event of the outbreak of quarantinable diseases. The delegates to the Ninth Pan American Sanitary Conference convened at Buenos Aires on November 12, 1934,¹³ recommended that the American Governments ratify or adhere to this convention. According to information now in the files of the Department of State the Convention has been ratified or adhered to by the Governments of the following American Republics: United States of America, Bolivia, Brazil and Chile. In view of the importance of the convention to international air transportation the American delegation at the Lima Conference should favor the adoption of a resolution recommending that the provisions of the convention be studied by the Governments of all the American Republics which have not yet become parties thereto. A memorandum on the International Sanitary Convention is in the files of the delegation.

With regard to the questions relating to customs tariffs and taxes, referred to in items 1 and 2 of paragraph C of the agenda, your particular attention is invited to a memorandum from the Treasury Department, which is in the files of the delegation. As of possible interest there are also included in the files of the delegation copies of several international agreements containing provisions relating to customs exemptions.

Very truly yours,

Cordell Hull

1. Messrs. Harry Block, Chairman, George W. Lewis, Richard Southgate, Denis Mulligan, and Gerald C. Gross.
2. Department of State Conference Series No. 19: Report of the Delegates of the United States of America to the Seventh International Conference of American States, Montevideo, Uruguay, December 3–26, 1933 (Washington, Government Printing Office, 1934), p. 255.
3. Department of State Conference Series No. 22: Report of the Delegates of the United States of America to the Pan American Commercial Conference held at Buenos Aires, Argentina, May 26–June 19, 1935 (Washington, Government Printing Office, 1936), p. 140.
4. Department of State Conference Series No. 33: Report of the Delegation of the United States of America to the Inter-American Conference for the Maintenance of Peace, Buenos Aires, Argentina, December 1–23, 1936 (Washington, Government Printing Office, 1937), p. 245.
5. Not printed.
6. See Foreign Relations, 1933, vol. iv, pp. 1 ff.
7. Correspondence not printed. For references to instruments signed at the Conference, see p. 212.
8. For the text of this convention and certain correspondence relating to it, see Foreign Relations, 1926, vol. i, pp. 145 ff.; see also ibid., 1929, vol. i, pp. 489 ff.
9. Department of State Treaty Series No. 876, or 49 Stat. 3000; see also Foreign Relations, 1929, vol. i, pp. 540–541.
10. Report of the Delegates of the United States of America to the Pan American Commercial Conference held at Buenos Aires, Argentina, May 26–June 19, 1935, p. 136.
11. Foreign Relations, 1928, vol. i, p. 585.
12. Signed at The Hague, April 12, 1933; effective August 1, 1935; in respect of the United States, November 22, 1935. For text, see Department of State Treaty Series No. 901, or 49 Stat. 3279.
13. Oficina Sanitaria Panamericana, Junio 1935, Actas de la Novena Conferencia Sanitaria Panamericana (Washington, [1935]).