Sovereignty, Politics, and U.S. International Airline Policy Alan P

Total Page:16

File Type:pdf, Size:1020Kb

Sovereignty, Politics, and U.S. International Airline Policy Alan P View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Southern Methodist University Journal of Air Law and Commerce Volume 74 | Issue 3 Article 1 2009 Sovereignty, Politics, and U.S. International Airline Policy Alan P. Dobson Joseph A. McKinney Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Alan P. Dobson et al., Sovereignty, Politics, and U.S. International Airline Policy, 74 J. Air L. & Com. 527 (2009) https://scholar.smu.edu/jalc/vol74/iss3/1 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. SOVEREIGNTY, POLITICS, AND U.S. INTERNATIONAL AIRLINE POLICY ALAN P. DOBSON* JOSEPH A. MCKINNEY** We are living through a period in which internationalaviation rules must change. Privatization, competition, and globalization are trends fueled by economic and politicalforces that will ultimately prevail. Gov- ernments and airlines that embrace these trends will far outpace those that do not. The U.S. government will be among those that embrace the future.' I. THE PROBLEM A TRULY GLOBALIZED airline industry would be a market- place that is not fragmented by national boundaries, where airlines make decisions on the provision and price of services according to market conditions, and where common competi- tion, ownership, control, and safety regulations apply. To a con- siderable extent these conditions reflect the long-standing * Alan P. Dobson Professor of Politics, Dundee University, has written extensively on Anglo-American relations, the international airline system, and U.S. foreign policy. His most recent book is GLOBALIZATION AND REGIONAL INTEGRATION: THE ORIGINS, DEVELOPMENT AND IMPACT OF THE SINGLE EUROPEAN AVIATION MARKET, (2007). He is editor of the Journal of TransatlanticStudies and he chairs the Transatlantic Studies Association, which he founded in 2002. He held a Senior Research Fellowships at the Nobel Institute, Oslo, 1997; the Lenna Fellowship, St. Bonaventure University, St. Bonaventure, NY, 2005; and a Distinguished Visiting Research Professor Fellowship at the McBride Center for International Business Studies, Baylor University, Waco, Texas, 2008. He is currently writing a book on Franklin D. Roosevelt and the development of the international aviation system. ** Joseph A. McKinney, Ben H. Williams Professor of International Economics, Baylor University; Ph.D. and M.A., Michigan State University, B.A., Berea College. Formerly on the faculty of University of Virginia; Fulbright Senior Scholar to the United Kingdom and to Canada. Research support for this article from McBride Center for International Business at Baylor University is gratefully acknowledged. I Office of the Secretary, Dep't of Transp., Statement of United States Interna- tional Air Transportation Policy, 60 Fed. Reg. 21,841, 21,845 (May 3, 1995). 527 528 JOURNAL OF AIR LAW AND COMMERCE policy objectives of the U.S. government. However, in 2007, for the first time in sixty-three years, U.S. support for liberalization seemed to be weakening as it rejected the European Union's (E.U.) proposal for a transatlantic Open Aviation Area (OAA), which would have embraced both markets. 2 That rejection was ripe with irony as the United States had, for decades, berated the Europeans for subsidizing and protecting their airlines. This study examines U.S. civil aviation policy and explains the limits on its version of a liberal market, limits that set the United States at odds with globalization trends and the claims of its own 1995 policy statement.4 For the time being, the United States is not embracing the future. II. THE CONTEXT Civil aviation has operated at the interface of economics and politics since the establishment of national sovereignty over air space in 1919. 5 With civil aviation complicated by aspects of se- curity, national prestige, safety, and public service factors, the result in the inter-war period was a highly predatory series of bilateral air service agreements (ASAs). The ASAs created an environment where the strong exploited the weak and political considerations infected the airline system with a plethora of self- serving government regulations.6 During the Second World War, when the United States began to plan for a more liberal regime, the problem it had to confront was how to cut, or at least loosen the Gordian knot that tied sovereignty to the airline industry. If this problem was not addressed, the marketplace would remain fragmented, and the playing field competitively uneven. Despite this realization, government would continue- arbitrarily it seemed in commercial terms-to control prices, to insist on cabotage (the reservation of domestic flights for its own national airlines), to restrict market entry, frequency, and capac- 2 ALAN P. DOBSON, GLOBALIZATION AND REGIONAL INTEGRATION: THE ORIGINS, DEVELOPMENT AND IMPACT OF THE SINGLE EUROPEAN AVIATION MARKET 169-89 (2007). 3 See ALAN P. DOBSON, FLYING IN THE FACE OF COMPETITION: THE POLICIES AND DIPLOMACY OF AIRLINE REGULATORY REFORM IN BRITAIN, THE USA AND THE EURO- PEAN COMMUNITY 1968-94 221-235 (1995). 4 See Statement of United States International Air Transportation Policy, 60 Fed. Reg. at 21,845. 5 See generally Convention Relating to the Regulation of Aerial Navigation, Oct. 13, 1919, available at http://www.aviation.go.th/airtrans/airlaw/1914.html. 6 See generally International Air Transport Agreement, Dec. 7, 1944, 171 U.N.T.S. 387. 2009] SOVEREIGNTY, POLITICS, US. POLICY 529 ity of flights, and to insist on national ownership and control of airlines. From 1944 to 2003, the United States applied four successive strategies to try to loosen the Gordian knot and create a more open and competitive international civil aviation system. This was not altruism. The United States has a highly competitive airline industry, and there were profits to be made in the inter- national marketplace. However, U.S. policy-makers also be- lieved that other countries' airlines would benefit as well and, equally importantly, consumers would receive better, more effi- cient, and cheaper services. These were the factors that drove U.S. policy.7 A. THE CHICAGO STRATEGY: 1944 President Franklin D. Roosevelt drew the outline of a post-war international civil aviation industry and he had in mind the body of law brought into existence by Hugo Grotius' famous es- say on the freedom of the seas and hoped to transpose that doc- trine into the field of air communication.8 He wanted arrangements by which planes of one country could enter any other country for the purpose of discharging traffic of foreign origin and accepting foreign bound traffic. 9 This radical vision was presented to the Chicago International Civil Aviation Con- ference in 1944.1o The American position was based on three broad principles and what came to be known as the five freedoms of the air. The first principle was that airlines granted rights to fly between countries X and Y would have to be owned and controlled by countries X and Y."' This national ownership and control prin- ciple was more or less universally applied until the EU invented the concept of community carriers in the 1990s. 12 The second principle was that airlines should be free to offer whatever ser- 7 See DOBSON, supra note 3, at 147-78. 8 Franklin D. Roosevelt Presidential Library, Berle Papers, Box 169, Articles and Book Reviews 1964-67, folder Articles and Book Reviews 1965, The Interna- tional Civil Aviation Treaties Twenty Years Later, Columbia University (Mar. 1965). 9 Memorandum of Conversation by Adolf A. Berle, Dep't of State, U.S. Nat'l Archives, File No. 800.796/495, Nov. 11, 1943. 10 See ALAN P. DOBSON, PEACEFUL AIR WARFARE: THE UNITED STATES, BRITAIN AND THE POLrTICS OF INTERNATIONAL AVIATION ch. 5 (1991). 11 Air Services Agreement, U.S. - U.K., Feb. 11, 1946, 60 Stat. 1499 [hereinaf- ter Bermuda Agreement]. 12 Scandanavian Airline Systems (SAS) might also be seen as a kind of commu- nity carrier as it was owned and operated by more than one country. 530 JOURNAL OF AIR LAW AND COMMERCE vices they wanted between designated international gateways: there should be no pre-determination of capacity and fre- quency.13 In 1944, for example, round-trip flights from the United States to the United Kingdom (U.K.) were limited to two per week for the airlines of each country.' 4 For Americans, this seemed to unduly constrict the market and they wanted provi- sions for escalation of capacity if demand justified it. Thirdly, contrary to commonly held views, the United States rejected the idea of unfettered price competition in favor of some form of price stability.'5 As for the five freedoms, they provided for: (i) innocent passage or over-flight; (ii) technical stops for repairs or refueling; (iii) the right to pick up passengers from an airline's country of origin and disembark them in the territory of the other contracting party; (iv) the right to pick up passengers in the other contracting country and disembark them in the air- line's country of origin; and (v) the right to pick up passengers from the other contracting party and carry them forward to a third party destination. 16 The United States tried to get these freedoms accepted multilaterally, though it was recognized that the five freedoms were highly controversial and that the extent to which they would be granted would depend on bilateral discussions. At Chicago, largely because of British opposition out of fear that the United States would dominate international services, the Americans were unable to persuade the conference to adopt the commercially important third, fourth, and fifth freedoms.17 Consequently, a new commercial regime did not emerge from Chicago.' 8 The first U.S.
Recommended publications
  • Would Competition in Commercial Aviation Ever Fit Into the World Trade Organization Ruwantissa I
    Journal of Air Law and Commerce Volume 61 | Issue 4 Article 2 1996 Would Competition in Commercial Aviation Ever Fit into the World Trade Organization Ruwantissa I. R. Abeyratne Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Ruwantissa I. R. Abeyratne, Would Competition in Commercial Aviation Ever Fit into the World Trade Organization, 61 J. Air L. & Com. 793 (1996) https://scholar.smu.edu/jalc/vol61/iss4/2 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. WOULD COMPETITION IN COMMERCIAL AVIATION EVER FIT INTO THE WORLD TRADE ORGANIZATION? RUWANTISSA I.R. ABEYRATNE* TABLE OF CONTENTS I. INTRODUCTION ................................. 794 II. THE GENESIS OF AIR TRAFFIC RIGHTS ......... 795 A. TiH CHICAGO CONFERENCE ...................... 795 B. THE CHICAGO CONVENTION ..................... 800 C. POST-CHICAGO CONVENTION TRENDS ............ 802 D. THiE BERMUDA AGREEMENT ...................... 805 E. Ti ROLE OF ICAO ............................. 808 III. RECENT TRENDS .................................. 809 A. THE AI TRANSPORT COLLOQUIUM .............. 809 B. POST-COLLOQUIuM TRENDS ...................... 811 C. THE WORLD-WIDE AIR TRANSPORT CONFERENCE. 814 D. SOME INTERIM GLOBAL ISSUES ................... 816 E. OBJECTWES OF THE CONFERENCE ................ 819 F. EXAMINATION OF ISSUES
    [Show full text]
  • The Bermuda Agreement 1945
    City Research Online City, University of London Institutional Repository Citation: Collins, R. (2012). The Bermuda Agreement on Telecommunications 1945. Media History, 18(2), pp. 191-205. doi: 10.1080/13688804.2012.663869 This is the accepted version of the paper. This version of the publication may differ from the final published version. Permanent repository link: https://openaccess.city.ac.uk/id/eprint/3891/ Link to published version: http://dx.doi.org/10.1080/13688804.2012.663869 Copyright: City Research Online aims to make research outputs of City, University of London available to a wider audience. Copyright and Moral Rights remain with the author(s) and/or copyright holders. URLs from City Research Online may be freely distributed and linked to. Reuse: Copies of full items can be used for personal research or study, educational, or not-for-profit purposes without prior permission or charge. Provided that the authors, title and full bibliographic details are credited, a hyperlink and/or URL is given for the original metadata page and the content is not changed in any way. City Research Online: http://openaccess.city.ac.uk/ [email protected] The Bermuda Agreement on telecommunications 1945. Richard Collins. Published in Media History. 18:2, 191-205 (2012). 1 Abstract. The end of the Second World War saw global telecommunications governance renegotiated. The dominant British Imperial (later Commonwealth) network experienced multiple changes: the tightly integrated and collaborative imperial governance system fell away as the governing partners increasingly pursued their own, rather than a collective agendas and as the “imperial” company, Cable and Wireless’, dominance gave way to a competition and interconnection based regime as American firms and their networks entered markets hitherto closed to them.
    [Show full text]
  • Bilaterial Air Transport Agreements: Non-Bermuda Reflections Z
    Journal of Air Law and Commerce Volume 42 | Issue 4 Article 4 1976 Bilaterial Air Transport Agreements: Non-Bermuda Reflections Z. Joseph Gertler Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Z. Joseph Gertler, Bilaterial Air Transport Agreements: Non-Bermuda Reflections, 42 J. Air L. & Com. 779 (1976) https://scholar.smu.edu/jalc/vol42/iss4/4 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. BILATERAL AIR TRANSPORT AGREEMENTS: NON-BERMUDA REFLECTIONS Z. JOSEPH GERTLER* INTRODUCTION In this article it is not proposed to retrace the familiar well-trod- en grounds with respect to bilateral air transport agreements. There exists, after all, a fairly impressive, if not abundant, literature on the subject, albeit focused mostly on route exchange, capacity, traf- fic rights and tariffs.' On the other hand, the present widely felt dis- satisfaction with the existing situation in international air transport' and the resulting re-examination of its economic and legal structure * J.D., Charles University of Prague; post-doctoral studies in Air Law, Inter- national Law, Air Transport. Former Member of the ICAO Council and Chair- man of the ICAO Finance Committee and Legal Subcommittee on the revision of the Warsaw Convention. Former Consultant for Air Canada. Dr. Gertler re- sides in Ottawa and works as an advisor to the Canadian Transport Commission, International Transport Policy Committee (International Air Transport Branch).
    [Show full text]
  • FLIGHTS of FANCY and FIGHTS of FURY: ARBITRATION and ADJUDICATION of COMMERCIAL and POLITICAL Disputes in INTERNATIONAL AVIATION
    GEORGIA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW VOLUME 32 2004 NUMBER 2 FLIGHTS OF FANCY AND FIGHTS OF FURY: ARBITRATION AND ADJUDICATION OF COMMERCIAL AND POLITICAL DIsPuTEs IN INTERNATIONAL AVIATION Paul Stephen Dempsey* TABLE OF CONTENTS I. INTRODUCTION ......................................... 233 II. ARBITRATION OF INTERNATIONAL AVIATION DISPUTES ......... 236 A. BilateralAir TransportAgreements ...................... 236 B. United States v. France (1963) .......................... 243 C. United States v. Italy (1965) ............................ 246 D. United States v. France (1978) .......................... 248 E. Belgium v. Ireland (1981) .............................. 255 F. United States v. United Kingdom (1992) .................. 258 G. Australia v. United States (1993) ........................ 263 * Tomlinson Professor of Global Governance in Air & Space Law, and Director of the Institute of Air & Space Law, McGill University; D.C.L. (1986) McGill University; LL.M. (1978) George Washington University; A.B.J. (1972), J.D. (1975) University of Georgia. Member of the Colorado, Georgia, and the District of Columbia bars. Copyright © 2003 by Paul Stephen Dempsey. Portions of this Article are based on earlier work published by the author in Paul Stephen Dempsey, Law & Foreign Policy in International Aviation (Transnational 1987). The author would like to thank Steve Rynerson, then a J.D. candidate at the University of Denver, for his assistance on the portion of this article addressing the dispute over aircraft noise regulations in United States v. Fifteen European States (2003). The author would also like to thank Dr. Assad Kotaite, President of the ICAO Council, Dr. Ludwig Weber, General Counsel of ICAO, and Ed Stimpson, U.S. Ambassador to the ICAO, for reviewing an earlier draft of this manuscript and providing invaluable insights as to the events described herein.
    [Show full text]
  • Bilateral Air Agreements
    Specific Problems Solved by the Negotiation of Bilateral Air Agreements Ralph Azzie * Three of the main problems which come up for discussion during negotiations are: 1. The "Agreed Services" on "Specified Routes"; 2. The problems of Capacity and Frequencies. 3. The Fares and Rates. 1. EQUITABLE EXCHANGE OF ROUTES. - Each of the parties to an agreement tries to obtain routes and traffic rights which are equivalent to the ones he is giving away in return. The traffic rights on these routes are known as "Freedoms" of the Air. On February 10, 1945, Canada signed and accepted the Inter- national Air Services Agreement concluded at Chicago. This Agree- ment provided inter alia that each Contracting State grants to the other Contracting State what are known as the First and Second Freedoms of the Air: (i) the privilege to fly across the territory without landing; (ii) the privilege to land for non-traffic purposes. 'Subject to certain rules for safety, security and military purposes, the granting of these privileges does not present any difficulty between States who are signatories of the Convention. But the real disputes begin with the three other Freedoms of the Air which do not only constitute privileges but traffic rights subject to an exchange * Chief, International Relations Division, Air Transport Board. Mr. Azzie, in his lectures, centered upon the bilateral air agreement as the pragmatic and popular means of negotiating aviation treaties. The Chicago Convention of 1944 convened with the hope of recognizing the principle of freedom of air commerce, but the majority of interested states, to the exclusion of the powerful United States, favored protectionalism.
    [Show full text]
  • Air Transport Policy in Japan
    Air Transport Policy in Japan Hirotaka Yamauchi and Takatoshi Ito Working Paper No. 124 Working Paper Series Center on Japanese Economy and Business Columbia Business School September 1996 Air Transport Policy in Japan Hirotaka Yamauchi Professor of Commerce Hitotsubashi University Tokyo, Japan Takatoshi Ito Professor of Economics Institute of Economic Research Hitotsubashi University and Senior Advisor Research Department International Monetary Fund Washington, D.C. August 1995 Acknowledgment: The authors are grateful to Yoshiyuki Hiroki, All Nippon Airways, and Gary Hufbauer, IJE, for their comments on the earlier version of this paper. Views expressed in this paper are the authors' own and do not necessarily reflect any institutions that the authors have been affiliated with in the past or present. Abstract This paper reviews the development and status of the airline industry of Japan and the points of debate in the recent Japan-U.S. airline dispute. Until 1986, international routes were given only to Japan Air Lines, while domestic routes were dominated by All Nippon Airways, with minor shares given to JAL (major routes only) and Japan Air System (local, short-haul routes only). A policy change in 1986 allowed the three airlines to mutually expand into each other's routes. Major deregulation on airfares did not come until 1995-96. The original Japan-U.S. treaty of 1952 was "unfair" in the sense that the U.S. carriers were given more freedom than their Japanese counterparts, especially in "beyond rights." The amendments of 1982, 1985, and 1989 expanded the routes of Japanese airlines (JAL and new entries of ANA and J AS) as well as those of the new U.S.
    [Show full text]
  • Air Transport Services: International Regulation and Future Prospects for Liberalization Renewed Services Trade Negotiations in the WTO
    PREFACE The Industry Trade and Technology Review (ITTR) is a quarterly staff publication of the Office of Industries, U.S. International Trade Commission. The opinions and conclusions it contains are those of the authors and are not the views of the Commission or of any individual Commissioner. The report is intended to provide analysis of important issues and insights into the global position of U.S. industries, the technological competitiveness of the United States, and implications of trade and policy developments. The information and analysis in this series are for the purpose of this report only. Nothing in this report should be construed to indicate how the Commission would find in an investigation conducted under any statutory authority. Inquiries or comments on items appearing in this report may be made directly to the author, or to: Director of Industries Industry Trade and Technology Review U. S. International Trade Commission 500 E Street, SW Washington, DC 20436 Fax: 202-205-3161 Requests for copies of the ITTR, or to be added to the mailing list, should be address to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, or by fax: 202-205-2104 Quarterly Review Staff Larry Brookhart assisted by Zema Tucker Sharon Greenfield Contributing Authors Joann Tortorice Christopher Melly Robert A. Rogowsky Director of Operations Vern Simpson Director of Industries 12/99 ITC READER SATISFACTION SURVEY Industry, Trade, and Technology Review (ITTR) The U.S. International Trade Commission (ITC) is interested in your voluntary comments (burden < 15 minutes) to help us assess the value and quality of our reports, and to assist us in improving future products.
    [Show full text]
  • The Bermuda Agreement Revisited: a Look at the Past, Present and Future of Bilateral Air Transport Agreements Barry R
    Journal of Air Law and Commerce Volume 41 | Issue 3 Article 3 1975 The Bermuda Agreement Revisited: A Look at the Past, Present and Future of Bilateral Air Transport Agreements Barry R. Diamond Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Barry R. Diamond, The Bermuda Agreement Revisited: A Look at the Past, Present and Future of Bilateral Air Transport Agreements, 41 J. Air L. & Com. 419 (1975) https://scholar.smu.edu/jalc/vol41/iss3/3 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE BERMUDA AGREEMENT REVISITED: A LOOK AT THE PAST, PRESENT AND FUTURE OF BILATERAL AIR TRANSPORT AGREEMENTS BARRY R. DIAMOND* INTRODUCTION THE BERMUDA Agreement' between the United States and the United Kingdom has governed both countries' policy con- cerning the exchange of international commercial air traffic rights since its negotiation in 1946. The Bermuda Agreement operates, in the larger context of bilateral air transport agreements (BATA's),' and has been present in international civil aviation since the period prior to World War I. The aim of this article is to examine the operation of the Bermuda Agreement, past and present, and to venture some predictions as to its future role in international air transportation. To achieve this aim the following approach has been adopted. First, the general subject of BATA's is considered, with attention being focused on their background, elements, types, and manner of negotiation.
    [Show full text]
  • Airline Deregulation Legal and Administrative Problems
    Airline Deregulation Legal and Administrative Problems Jacob W.F. Sundberg Preface An outline and a questionnaire were sent out at the beginning of this exercise. They were drafted to be part of a general brainstorming. National and personal reporters were invited to pick and chose between the issues involved in the outline and to make contributions according to their own choice. When people respond to this kind of appeal the likely result will be a galaxy of reports, each written to cover a special field, but the reports will seldom be parallel in their structure or even overlapping. And so it happened in this case too. Had a more strict framework been set up in the outline and questionnaire, no doubt the general report had been easier to draft, but on the other hand it is less likely that so many reports would have been received. As it is, the reporter general is now blessed with next to 500 pages of reports coming from 16 different reporters and covering often widely differing fields. In this situation, the task of the general reporter is not to recapitulate them or digest them. The task is to build a coherent picture from the materials which they supply. In a way, they are replete with ‘loose ends’ and coherence can be found only by discovering connections of cause-and-effect betweeen the various elements. Such connections make clusters and those clusters have been chosen to be the backbone of chapters, and each chapter means a discussion of a problem of a legal or administrative kind, brought about by deregulation.
    [Show full text]
  • 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.
    [Show full text]
  • An Appraisal of the Bilateral Air Service Agreements: Towards a Liberal Legal Framework for International Air Transport
    \N AN APPRAISAL OF THE BILATERAL AIR SERVICE AGREEMENTS: TOWARDS A LIBERAL LEGAL FRAMEWORK FOR INTERNATIONAL AIR TRANSPORT By MERCY WAMBUllKAJVlAU - REG: NO. G/62/P/8198/03 A PROJECT PAPER SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE MASTERS OF LAW (LLM) DEGREE, UNIVERSITY OF NAIROBI, FACULTY OF LAW HHIVERSiTY GF NAIROBI LJ&RAR* f. Q Box 3019? WAIRGBI I University of Nairobi, September 2005 DEDICATION Dedicated to my late Brother Master Samuel Mbatia Kamau, may God rest your soul in Eternal Peace. ACKNOWLEDGEMENT To my supervisor Dr. Kithure Kindiki, thank you for accepting to supervise this project. To my research assistant Henry Waweru Njuru, thank you for your hard work. To my Secretary Anne Wanjiku Muchemi thank you for your support. To the following persons who offered access to their research materials: Mr. Kuria Waithaka of Kenya Civil Aviation Authority; Mr. Samuel Githaiga of International Civil Aviation Organization; Mr. William Yagomba of Ministry of Transport and Communications; Mr. Ano and Ms Mercy Awori both of Kenya Civil Aviation Authority. - iii - DECLARATION I Mercy Wambui Kamau do declare that this is my original work and has not been submitted and is not currently being submitted for a degree in any other University, CUaaA/J ' ercy Wambui Kamau This thesis is submitted for examination with approval as university supervisor. L Dr. Klthure Kindiki (Ph.D) - iv - TABLE OF CONTENTS DEDICATION II ACKNOWLEDGEMENT Ill DECLARATION IV TABLE OF CONTENTS V CHAPTER ONE: INTRODUCTION 1.0 Introduction to the Study 1 1.1.1 Nature of Production and Trade in International Air Service....
    [Show full text]
  • No. 16509 UNITED KINGDOM OF
    No. 16509 UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND and UNITED STATES OF AMERICA Agreement concerning air services (with annexes, exchange of letters and agreed minute dated 22 June 1977). Signed at Bermuda on 23 July 1977 Authentic text: English. Registered by the United Kingdom of Great Britain and Northern Ireland on 16 March 1978. ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD et ÉTATS-UNIS D'AMÉRIQUE Accord relatif aux services aériens (avec annexes, échange de lettres et procès-verbal approuvé en date du 22 juin 1977). Signé aux Bermudes le 23 juillet 1977 Texte authentique : anglais. Enregistr par le Royaume-Uni de Grande-Bretagne et d©Irlande du Nord le 16 mars 1978. Vol. 1079, 1-16509 22______United Nations — TVcaty Séries • Nations Unies — Recueil des TVaités_____1978 AGREEMENT1 BETWEEN THE GOVERNMENT OF THE UNITED KING DOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERN ING AIR SERVICES The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America, Resolved to provide safe, adequate and efficient international air transportation responsive to the present and future needs of the public and to the continued development of international commerce; Desiring the continuing growth of adequate, economical and efficient air transporta tion by airlines at reasonable charges, without unjust discrimination or unfair or destructive competitive practices; Resolved to provide a fair and equal opportunity for their
    [Show full text]