CONFIDENTIAL
individually their acceptance of the code of conduct
or whether they should be asked to subscribe to a
common document. Such a document could probably only
be negotiated if participation was limited to OECD
member countries.
(c) a further related question is whether the
invitation should be issued jointly by the seven
Governments or whether each of the seven should be
left to make its own bilateral approaches.
approach would probably be more effective. It might be
co-ordinated by the Germans.
A joint
Implications for our bilateral Air Services Agreements
5.
A question which will need considerable detailed
examination is whether we should attempt to introduce into
existing or new air service agreements a formula to the
effect that failure to comply with the terms of the
Statement will result in that party being in breach of the
agreement, thus leaving the other party free to take action
against them. In the absence of some such formula, a
Government might be held to be acting in breach of an air
services agreement.
6. There are serious difficulties in seeking to secure
acceptance of a clause of this kind.
(a) to attempt to do so would cast doubt on our
ability to take the action to which we are committed
under the Statement.
(b) If we failed to get the clause accepted by those
Governments against whom the Statement is aimed - as
we might well - we would have to choose between
giving way (in which case our legal position would
have been seriously undermined) and having no air
services agreement (though services can often be