Koku Keizai Hunso to Kokusaiho (Economic Disputes on Aviation and International Law)

Among various subjects of international law, international air law is, regrettably, the least popular. However, it is a very attractive subject. Economic disputes on aviation are microcosm of globalization and interests of States and airlines are complicatedly interwoven. This book consists of ten Japanese article on this topic which the author published from 1996 to 2022.
 
The disputes between Japan and the United States concerning the fifth freedom (beyond right) between 1980s and 1990s were the biggest one concerning the interpretation and application of bilateral air agreements Japan has concluded so far (See I). The author’s English article titled “Bilateral Air Agreements and Japan”, which is included in Japanese Annual of International Law, No. 49, 2006, would help the understanding on Japan’s BAA. The aviation dispute between Australia and the United States had almost the same structure as the Japan-US dispute. The author followed the diplomatic archives of Australia. (See VII).
 
Airlines of the Gulf States and European LCC has changed the circumstances of competition in international air transport. The American airlines no more put stress on open skies but fair skies (See II and VII).
 
Until the Russian aggression against Ukraine, Japanese and European airlines had been paying a large amount of money to a Russian leading airline Aeroflot as Siberian overflight charges, although there is no basis under international law for the imposition of the charges. Although Russia promised to EU and Japan to abolish the Siberian overflight charges by the end of 2013, it continued to impose them. (See III).
 
The Qatar crisis in 2017 caused unique legal problems on air and maritime transport (See IV).
 
There are five arbitral awards concerning the interpretation and application of air transport agreements: US v. France (1963), US v. Italy(1965), US v.France (1978), Belgium v. Ireland (1981), and US v.UK (1992). Some parts of these arbitral awards have made great contributions to the development of international law (See V, VI, VIII).
 
During the Gulf War period, US and UK were fighting the dispute on the succession right of airlines at the Heathrow airport (See VIII). Lessons learned from the disputes concerning the air traffic distribution between airports in Paris and Milan are suggestive in other big cities including Tokyo.
 
Although the international air transport post-COVID era is uncertain, the most modern and remarkable air transport agreement is that between Qatar and EU. The Russian aggression against Ukraine might necessitate exception clause based on national security, like Article 21 of GATT, into air transport agreements.
 

(Written by NAKATANI Kazuhiro, Professor, Graduate Schools for Law and Politics / 2022)