2010 Air Transport Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Government of the People’s Republic of China

AC-ATA / ASEAN-China Air Transport Agreement / ASEAN-China Open Skies Agreement (OSA)

• ASEAN Documents
  • ASEAN Economic Community
    • Transport
  • ASEAN External Relations
    • China

Article 21: Settlement of Disputes

“Should any dispute between the Contracting Parties arise, the aeronautical authorities of the Contracting Parties involved shall seek to resolve the dispute through consultation. In the event that no agreement is reached, it shall be settled through diplomatic channels.”

Secretary-General of ASEAN

Annex I: Scheduled Air Services

Annex II: Non-Scheduled/Charter Air Services

Annex III: Implementing Protocols

CIL calculation based on ratification information in the ASEAN Transport Agreements and Status of Ratification (19/02/2024)

13/09/2011

Article 25: Final Provisions

“2. Each Contracting Party shall complete its relevant internal legal procedures necessary for the entry into force of this Agreement. After the completion of its internal legal procedures, each Contracting Party shall give written notification to the Depositary, who shall promptly inform each Contracting Party of such deposit.

3. This Agreement shall enter into force on the date of deposit with the Depositary of:

(a) the written notification from China; and

(b) written notifications from at least two ASEAN Member States;

whichever date is later, and shall enter into force only among the Contracting Parties that have deposited their written notifications. For each of the Contracting Parties depositing their written notifications after the Agreement has entered into force, the Agreement shall enter into force for that Contracting Party on the date of deposit of its written notification.

5. Subject to paragraphs 3 and 4 of this Article, the Implementing Protocol(s) as listed in Annex III of this Agreement shall enter into force upon deposit of the written notifications as set out in the “final Provisions” of each of the respective Implementing Protocol(s).”

2010 Protocol 1 on Unlimited Third and Fourth Freedom Traffic Rights between any Points in Contracting Parties

2014 Protocol 2 on Fifth Freedom Traffic Rights between Contracting Parties

2019 Protocol 3 on the Expansion of Fifth Freedom Traffic Rights between Contracting Parties

2002 Framework Agreement on Comprehensive Economic Co-operation between ASEAN and the People’s Republic of China

2004 Memorandum of Understanding between the Governments of the Member Countries of the Association of Southeast Asian Nations and the Government of the People’s Republic of China on Transport Cooperation

2007 ASEAN-China Aviation Cooperation Framework

2018-2020 Action Programme of the Revised Strategic Plan for ASEAN-China Transport Cooperation

ASEAN accessed on 20/02/2024

This instrument was adopted pursuant to the 2007 ASEAN-China Aviation Cooperation Framework.

This agreement was signed by ASEAN member states on 12 November 2010 and by the representative of China on 19 November 2010. 

Note Article 23: Relationship with Other Agreements

“1. This Agreement or any actions taken thereto shall not affect the rights and obligations of the Contracting Parties under any existing agreements or international conventions to which they are also party, except as provided in paragraph 3 of this Article.

2. Nothing in this Agreement shall prejudice the rights or the exercise of these rights by any Contracting Party under the provisions of the United Nations Convention on the Law of the Sea of 1982, in particular with regard to freedom of the high seas, rights of innocent passage, archipelagic sea lanes passage or transit passage of ships and aircraft, and consistent with the Charter of the United Nations.

3. In the event of any inconsistency between a provision of this Agreement and a provision of any existing bilateral or multilateral air services agreement(s) (including any amendments thereto), by which two or more of the Contracting Parties are bound or which is not covered by this Agreement, the provision which is less restrictive or liberal or which is not covered by this Agreement, shall prevail among the Contracting Parties if they are concurrently bound by the aforesaid bilateral or multilateral air services agreement(s) and this Agreement. If the inconsistency concerns provisions relating to safety or aviation security, the provisions prescribing a higher or more stringent standard of safety or aviation security shall prevail to the extent of the inconsistency.”