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CAB v. KLM; Bermuda at Bay

CAB v. KLM; Bermuda at Bay Leading articles Andreas F. Lo wenfeld * When this writer was legal adviser to a United States delegation negotiating an aviation dispute with ltaly in 1964', the Chairman of the delegation gave an eloquent explanation of the 'Bermuda Principles'that govern nearly all bilateral air transport agreements to which the United States isa party, and in particularofthe principle that governments shall not interfere with management decisions about frequency and capacity of service. Thechairman ofthe Italian delegation asked-l thinkseriously and not sarcastically-where the agreement stated what the American chairman had been explaining. The latter turned to me for assistance, and I had to inform him (and the other side) that no specific reference in the Agreement could be cited to support his statements. What the chief aviation official of the U.S. State Department was saying was, in fact, perfectly correct and accurate. Hands off capacity had become so much a part of United States international aviation doctrine that it was easy to forget that the actual text did not say all that the United States said it did. Looking (from a quite different vantage point) at the current dispute between the United States and the Netherlands, Icannot help wondering whetherthe http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Air and Space Law Kluwer Law International

CAB v. KLM; Bermuda at Bay

Lowenfeld
Air and Space Law , Volume 1 (1) – Mar 1, 1975
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Kluwer Law International
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Copyright © Kluwer Law International
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0927-3379
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Abstract

Leading articles Andreas F. Lo wenfeld * When this writer was legal adviser to a United States delegation negotiating an aviation dispute with ltaly in 1964', the Chairman of the delegation gave an eloquent explanation of the 'Bermuda Principles'that govern nearly all bilateral air transport agreements to which the United States isa party, and in particularofthe principle that governments shall not interfere with management decisions about frequency and capacity of service. Thechairman ofthe Italian delegation asked-l thinkseriously and not sarcastically-where the agreement stated what the American chairman had been explaining. The latter turned to me for assistance, and I had to inform him (and the other side) that no specific reference in the Agreement could be cited to support his statements. What the chief aviation official of the U.S. State Department was saying was, in fact, perfectly correct and accurate. Hands off capacity had become so much a part of United States international aviation doctrine that it was easy to forget that the actual text did not say all that the United States said it did. Looking (from a quite different vantage point) at the current dispute between the United States and the Netherlands, Icannot help wondering whetherthe

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Air and Space Law – Kluwer Law International

Published: Mar 1, 1975

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