TNAG-1063-FCO40-1313-Air-services-between-the-UK--China-and-Hong-Kong-(including--1981 — Page 7

CABOTAGE RIGHTS:

CHICAGO CONVENTION ON INTERNATIONAL CIVIAL AVIATION

The Issues

The main issue is whether grant of cabotage rights to one State lays the grantor open to claims by other States that they are entitled to be granted the same rights. Additional points to be considered are what steps a State claiming such rights could take to secure them and whether safe- guards can be incorporated in any grant of cabotage rights to prevent, claims to the same rights by other States.

on of correct interest in veloten to

to rande major is

2.

ནའ་བ

I

1-

fher Peking to landle by way off Horogkong. will be ight 2 the Toska, Cade

with What gives rise to the main issue is the second sentence of Article 7 of the Chicago Convention. That Article

reads:

March digit for stirons.

R/DOT

3.

Cabotage

Each contracting State shall have the right, to refuse permission to the aircraft of other contracting Staten to take on in its territory passengers, mail and cargo carried for remuneration or hire and destined for another point within its territory. Bach contracting State undertakes not to enter into any arrangements which specifically grant any such privilege on an exlusive basis to any other State or an airline of any other State, and not to obtain any such exclusive privilege from any other State.

Competing Interpretations

Sweden raised the question of the interpretation of the

second sentence of Article 7 in the Council of the

International Civil Aviation Organisation in 1966. The

/matter was

RESTRICTED