Public law aspects of lease, charter and interchange of aircraft in international operations

Lease, charter and interchange have become more and more important throughout the last decades. The International Civil Aviation Organization could not ignore that reality. In 1980 after a long preparatory work Article 83bis, an amendment to the Chicago Convention on International Civil Aviation was adopted by the 23rd Assembly without any negative votes. Yet, in 1990, this amendment, which enables the State of Registry, which is responsible for the operation of the aircraft even if flying with an operator of another state, to transfer its functions and duties to the State of the Operator.This thesis takes a closer look on the history of that amendment. The reasons why Article 83bis is still not in force shall also be discussed. An attempt shall further be made to analyze the provisions of Article 83bis more thoroughly and to explain why states should no longer hesitate to ratify that amendment. Article 83bis has no controversial content and is very important for the safety of international air transportation, in establishing clearly who is responsible for a leased, chartered or interchanged aircraft