DSR 11C
though
Turca
wody loving quoted
26. Conclusions
On the materials available it is not possible to say that one or other of the proposed interpretations is certainly the correct one. But there is an arguable case for interpretation (b) on its own or as amplified by (d). and a reasonable prospect that it would succeed.
27. The safest course therefore would be to insert a clausę which allowed the United Kingdom to withdraw from this concession of cabotage if claims were made to it by others. This is the Swedish practice (sec Lewis, op. cit. at page 1065 and Mr Kyler (Swedish representative) in minutes of 11th Meeting (9 December 1966) of 59th Session of ICAO Council, Doc 8628-11, page 167). On the other hand it appears that we have granted in the past and are at present granting cabotage rights on the Hong Kong-London route without having been faced with that claim from other countries. Since for the Chinese, this would be part of a wider bargain, the Chinese would be unlikely to accept the termination only of this element and such a proposal might endanger the whole negotiation. However this depends on the precise arrangements, which might involve a distinct package in a confidential memorandum. In any event, the legal situation is sufficiently complicated that it would take an unacceptable applicant for cabotage rights some time to establish his legal case. The period of notice required for denunciation may be sufficiently short for us to resist the outside clain until we could denounce or renegotiate the agreement with Chine.
28. It seems therefore a matter of political judgment as to whether to accept the risks in the situation, rather than seeking, with all its attendant difficulties, the protection of a clause along the lines of that used by Sweden.
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