Common use of Harmonization Techniques Clause in Contracts

Harmonization Techniques. Harmonization of rules is a multifaceted process. In air law, the most commonly known method consists of the adoption of Standards and Recommended Practices (hereinafter the ‘SARPs’)18 which are essentially organized under Articles 37, 38 and 90 of the Convention on International Civil Aviation (hereinafter the ‘1944 Chicago Convention’).19 Article 37 of the 1944 Chicago Convention sets out that each contracting State undertakes to collaborate to secure ‘the highest practicable degree of uniformity’ in regulations, standards, procedure and organization. The SARPs, however, are ‘legally weak’,20 as they are not ‘hard law’.21 These statements stand by themselves with respect to Recommended Practices,22 and are equally valid regarding Standards insofar as Article 38 of the 1944 Chicago Convention allows States to depart from them under certain conditions.23