4. Beyond Bermuda
4. Beyond Bermuda First published in N.M. Matte (ed.), International Air Transport: Law, Organisation and Policies for the Future (1970) 81–99. Reproduced by kind permission of the publishers, Institute of Air and Space Law, McGill, Montreal, Canada. Thirty years after the coming into force on 11 February 1946 of the Air Ser- vices Agreement concluded by the United Kingdom and the United States at Bermuda1 the United Kingdom on 22 June 1976 gave notice to terminate it. Under its Article 13, the Agreement would terminate twelve calendar months thereafter, unless the notice were meanwhile “withdrawn by agreement”. 1 What constitutes the Bermuda Agreement may not be a simple question. At the end of the Conference held at Bermuda, 15 January – 11 February 1946, between the United Kingdom and the United States, there emerged a Final Act, signed by 8 out of the original 10 us del- egates who attended the conference, and by 5 of the 6 uk delegates. An Agreement, signed by 6 us and 5 uk delegates, was appended to the Final Act. The Agreement has an Annex which was initialed by the same delegates that had signed the Agreement. Under Article 14 of the Agreement, the Agreement, including the Annex, came into force on the day it was signed. No reference, however, is made in the Final Act to its coming into force. Yet almost all the principal features of what is sometimes called the Bermuda Plan are to be found in the Final Act. These include the provisions on “fair and equal opportunity” (para.
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