ABSTRACT

This chapter discusses the relevance of the principle of State sovereignty in air transport and identifies main elements and types of Air Services Agreements (ASAs). In practice, the economic regulation of international scheduled air services is strictly connected to the specification of international routes. The Chicago Convention 1944 is not primarily concerned with the economic regulation of air transport; rather, its raison d’etre pertains to the promotion of safety of aerial navigation. In practice, sovereign States have traditionally granted air traffic rights only to operators capable of demonstrating that they are nationals of the other State party to the bilateral ASA. Measures can be taken against a State in order to close parts or all of its airspace. Technical freedoms ‘only’ entitle airlines of a State to fly through the airspace of another State and make a technical stop therein.