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Law and Foreign Policy in International Aviation. By Paul Stephen Dempsey. Dobbs Ferry: Transnational Publishers, Inc., 1987. Pp. xvii, 468. Index. $65.

Published online by Cambridge University Press:  27 February 2017

Charles L. Kent
Charles L. Kent*
Affiliation:
Of the District of Columbia and New York Bars Barrister-at-Law, Lincoln’s Inn
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Type
Book Reviews and Notes
Information
American Journal of International Law , Volume 83 , Issue 2 , April 1989 , pp. 435 - 438
Copyright
Copyright © American Society of International Law 1989

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References

1 1984 ICJ Rep. 246 (Judgment of Oct. 12).

2 Article 15 reads:

Every airport in a contracting State which is open to public use by its national aircraft shall likewise, subject to the provisions of Article 68, be open under uniform conditions to the aircraft of all the other contracting States. The like uniform conditions shall apply to the use, by aircraft of every contracting State, of all air navigation facilities, including radio and meteorological services, which may be provided for public use for the safety and expedition of air navigation.

Any charges that may be imposed or permitted to be imposed by a contracting State for the use of such airports and air navigation facilities by the aircraft of any other contracting State shall not be higher,

(a) As to aircraft not engaged in scheduled international air services, than those that would be paid by its national aircraft of the same class engaged in similar operations, and

(b) As to aircraft engaged in scheduled international air services, than those that would be paid by its national aircraft engaged in similar international air services.

All such charges shall be published and communicated to the International Civil Aviation Organization: provided that, upon representation by an interested contracting State, the charges imposed for the use of airports and other facilities shall be subject to review by the Council, which shall report and make recommendations thereon for the consideration of the State or States concerned. No fees, dues or other charges shall be imposed by any contracting State in respect solely of the right of transit over or entry into or exit from its territory of any aircraft of a contracting State or persons or property thereon.

Convention on International Civil Aviation, Dec. 7, 1944, 61 Stat. 1180, TIAS No. 1591, 15 UNTS 295 [hereinafter Chicago Convention].

3 Article 68 of the Chicago Convention reads: “Each contracting State may, subject to the provisions of this Convention, designate the route to be followed within its territory by any international air service and the airports which any such service may use.” Id.