Aspects of Air Law and Civil Air Policy in the Seventies by H.A. Wassenbergh

By H.A. Wassenbergh

to his feedback for corrective motion at govt point, will evidently differ based on the pursuits of every govt in upholding the ap­ proach it regards as in line with its personal uncomplicated pursuits and people of its foreign airline. I commend this ebook as a most useful remedy of the topics that are of outrage not just to the educational scholar but additionally to these engaged within the examine and alertness of overseas civil aviation agreements in governments and airways. it'd be becoming if it enjoys, because it may still, broad movement among such scholars and practicioners. Sir Donald Anderson Director-General of Civil Aviation Melbourne, Australia. April, 1970. desk OF CONTENTS record OF ABBREVIATIONS XI bankruptcy ONE I. The means of executive 1 II. overseas civil aviation rules four III. nationwide vs foreign technique nine bankruptcy I. foreign regulate of the air site visitors marketplace 17 II. Freedom type and site visitors info 22 III. The air site visitors marketplace and the alternate of routes and site visitors rights 28 IV. The 6th freedom factor 32 V. path specification forty VI. equivalent chance forty six bankruptcy 3 I. Non-scheduled and scheduled schedule carriers fifty one II. All-cargo companies fifty nine III. Inclusive travel site visitors sixty three IV. Non-inclusive travel (affinity) constitution site visitors seventy two V. site visitors rights for constitution providers seventy nine bankruptcy 4 I. Cooperative preparations 104 II. plane rent agreements in overseas air transp- tation 114 III. association among commercial airlines one hundred twenty IV.

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6, note 4, and p. 7, note 5, and Pennit as amended, condition (1). Cf. also Order E-26146, Dec. 18, 1967, Martin's Pennit para (2), Docket 18016. B. Sixth freedom charter authority has been granted by the CAB and was granted to Caledonian, for the carriage of European-originated charter groups. Cf. Caledonian amended permit para's (5), (6), and (7) and condition (1). 36 THE SIXTH FREEDOM ISSUE on the sales and sales promotional activities of foreign carriers. Governments, as a rule, are very careful not to prejudice their negotiating and bargaining position: Some States in refusing to grant fifth or sixth freedom traffic rights argue that such grants may prejudice their position visa-vis the third State involved: allowing a fifth-freedom operator on the segment concerned reduces the value of the traffic rights which the State may wish to negotiate with the third State in return for traffic rights for its own carrier.

Moreover the above argument is valid only for sixth freedom traffic which, in our example, does not propose to stop in Holland and passes through in direct transit. Traffic which makes a stop in Holland is of direct value to US carriers under the US-Netherlands bilateral air agreement. Finally and of particular interest is the advantage derived by US carriers from a bilateral air agreement to carry traffic between any US point and the other country even if only a limited number of routes is specified in the agreement: through equipment interchange arrangements with domestic US carriers one-plane through services can be provided to any US point.

Loy and Cherington before the International Aviation Club in Washington in April and May 1969. (Aviation Daily, April 25,1969 and May 16, 1969). Cf. also the Edwards Report, pp. 89 ff. 31 Even the South American countries, for example, allow 25% of their intra-continental traffic to be carried by fifth freedom carriers. 32 Cf. Carl Nilsson, in American Aviation, Sept. 1967: "The freedom of the air is not expanding. On the contrary. Restrictions seem to have become the order of the day. As an example, we can mention that SAS' fifth freedom traffic, which 10 years ago was 22%, has now declined to 10%.

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