Post-War International Civil Aviation Policy and the Law of by H.A. Wassenbergh

By H.A. Wassenbergh

Civil Aviation has turn into a public software carrier. SALVATORE TOMASINO I} even though civil aviation has loved unflagging public curiosity seeing that its start in 1919, or even sooner than that date, the standards governing the advance of civil aviation are however now not widely recognized. this is applicable now not loads to technical improvement as to the political and fiscal concerns which finally ascertain the development of the global community of air routes. while, ahead of global battle II, civil aviation used to be appeared ordinarily as an software for political penetration, with probably the Netherlands and its K.L.M.2) as a awesome exception, due to the fact 1945 civil aviation has emerge as judged extra by itself advantages, although it has remained basically a central authority subject. The political, strategic, financial, monetary and social facets of civil aviation jointly represent a box which, fairly because international struggle II, has come to shape the subject-matter of a kind of self sustaining department of international coverage, targeted 'by the time period "international civil aviation policy". despite the dominating elements of nationwide status and later of monetary nationalism, States have however at once and in some way taken upon themselves a few duties within the overseas box, thereby giving civil aviation a global criminal foundation.

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1. 2) Art. Ur. S. , was opposed to too rnuch freedorn. 4) op. , p. 465. 42 POST-WAR INTERNATIONAL CIVIL AVIATION POLICY States lay down, however, the airlines still remain largely dependent on the favour of air transport users. And this favour cannot be won by state measures of protection and commercial restrictions. After Chicago, an attempt was made to replace the bilateral system based on Article 6 by a multilateral treaty on commercial rights which would be more generally acceptable than the Air Transport Agreement and which could give scheduled international commercial air traffic a firm economic basis.

In practice, however, States mostly go much further in the imposition of conditions. In many countries, these consist in previous permission being required for commercial non-scheduled flights. Applications for such permission, sometimes even to be submitted through diplomatie channels, by the country of registration of the aircraft often have to be made some considerable time before the flight takes place, stating particulars of the flight, such as type of aircraft, registrationmarks, operating company, flight schedule, load to be carried, origin and destination of load, name of charterer or 1) Cf.

Did propose the conclusion 1) op. , p. 447. 2) See also p. 75 fi. g. international ownership of all aircraft employed on international trunk routes and their operation by an international authority; or an international body which would allocate routes to airlines, etc. 4) Cf. Art. 44(f) of the Chicago Convention: " .... that every contracting State has a fair opportunity to operate international airlines". MEANS OF AVIATION POLICY 41 of a multilateral agreement providing for the mutual exchange of the five freedoms of the air - the International Air Transport Agreement.

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