Problemas contemporáneos de la actividad aeronáutica y del espacio

Wemer Gttldimann f FREEDON AND OR CONlROL IN INTERNATIONAL CIVIL AVIATION condusion, the main points of dhe lecture will be summed up in a kind theses. l. HISTORlCAL DEVELOPMENTS 1.1. Chicago Convention Ialf1.d Bermuda Agreement 1.1.1. When the Ohicago Conference met at the end of 1944, the main elements of the situation in which we are interested here were the following: - First the conflict of interests whioh separated tJhe U.S.A. and the United Kingdom with regard to regular air services: the former having vhe equipment but not IJhe territorial bases for establishing a worldwide net'\.\'ork, being dherefore in favour of a very liberal regi– me; the latter findi'11g ¡herself in the oppo'Site position. - Second, the embryonic state in which non:.echeduled services were ,at tlhat time: occasional flights of no great economical con– sequence. The main result were articles {) and 6 of the Chicago Oonvention: - Art. 5 created commercial rights fOT nonl.tlcheduled transporta– tíon, but inmediate by y voided this declamation I(),[ any suibstance, by reserving IJhe unlimited right of contracting states to subject such rights to any regulations, conditions or limitatíons as "they might oonsider desirable. - Art. 6 dearly confirmed and established the authority of th~ contracting states tO' permit or not to permit foreign carriers to operate scheduled ser.vices over or into t'heir respective territories, l.1.2. Tate air transport agreemeni:. by m.hich the U.S.A. trÚ!d to reach thei.r objectives during the final phase of the Chicago Confe– rence remained a dead Qetter, and later efforts to adhieve another multilateral ¡Magna Charta for scheduled services ended in nO'– man's land as well. 1.1.3. In FehI'u.;Íry 1946, how,ever, an agreement Ibetween the U.S.A. and the United Kingdom was signed at Bermuda. The basic compromíse was as follows: - Bol1h parties agreed on an exchange of faír and equal op,por– tunities for the'ir respectiv;e carriers. - The freedom of the designated carriers was restricted, insofar as the routes to be served were defined; tariff control was established;