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DSR 11C
with a "sole" grant, which means that the grantee is the only one to whom the rights are granted but he has no right to exclude the grantor. The text of this provision alone does not indicate which such meaning of "exclusive" is to be preferred in the present case.
13.
Context, Preparatory Work of the Convention and
Circumstances of its Conclusion
The Swedish paper prepared for the ICAO Council (C-WP/4406) drew attention to the recognition in Article 1 of the Chicago Convention of the complete and exclusive sovereignty of every State over its airspace. Article 6 precludes scheduled air services over the territory of a State party to the Chicago Convention except with special permission
or authorisation of the State concerned. Article 6 is the
provision on which the network of bilateral air services agreements is based.
Thus the contextual argument as developed in ICAO (see Report of Executive Committee on 16th Assembly (1968) Doc. 8771 A16-EX, page 44, paragraph 39:2) ran:
"Article 7, second sentence, was not in line with other Articles of the Convention, and indeed contrary to the spirit of the latter, especially if the provision was construed in a restrictive way. Legal experts were agreed upon this.
It restricted the exercise of national
sovereignty, contrary to Article 1. It had been appropriate when originally drafted in the context of the attempt at the Chicago Conference to arrange for the exchange of traffic rights for international scheduled air services on a multilateral basis. After the failure of this attempt and the adoption of the bilateral approach expressed in Article 6, the second sentence of Article 7 should have been deleted. A proposal to this effect during the Conference had failed for procedural reasons only".
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/15.
Thus