Aerial Cabotage Revisited: From Exclusion To Internationally Recognized Practice

Current practices allow the grant of cabotage rights to foreign carriers on an exclusive basis. However, the legality of such practices is controversial, since the provisions of Article 7 of the Chicago Convention appear to prohibit such a grant on an exclusive basis. The present article examines the doctrinal views pertaining to the interpretation of the provisions of the Chicago Convention concerning cabotage, as well as State practice. This article is designed to demonstrate that Article 7 of the Chicago Convention is virtually ignored by States and regional organizations. Therefore, we assert that, on the basis of State practice, a new norm of international law is emerging, pursuant to which States grant cabotage rights on an exclusive basis.