Prohibited area in the Bay of Gibraltar Sample Clauses

Prohibited area in the Bay of Gibraltar. (1967) In 1967, the UK claimed that Spain established a prohibited area directly opposite the British airport of Gibraltar and that the prohibited area’s extent and location would effectively prevent safe flight operations.205 As aforementioned in Section 2.3, UNCLOS prescribes rules for international straits; nonetheless, the Strait of Gibraltar is not covered by the UNCLOS prescription concerning transit rights for international straits because the passage for Gibraltar is regulated by special long-standing international conventions.206 Therefore, the prohibited airspace over Gibraltar is to be examined under the respective provisions of the Chicago Convention. The UK alleged that Spain had violated Article 9(a) of the Chicago Conven- tion because the extent and location of the prohibited area was not “reason- able” and that it interfered unnecessarily with air navigation.207 At that time, there were no criteria for the “reasonable extent and location” of a prohibited area. Consequently, ICAO did not comment on the legality of Spanish measures, nor the application of Article 9 of the Chicago Convention. In November 1969, the ICAO Council, however, noted the following statement by its president: [T]he disagreement between the UK and Spain relating to the interpretation and application of Article 9 of the Convention would be deferred sine die; the question would not be included in the work program for any future session unless there was a request to that effect by a Council member and the Council agreed to it.208 205 Y Xxxxxx, The International Law of the Sea, 2nd ed., CUP 2015, pp. 102. The free passage of the Strait of Gibraltar was declared in the 1904 Anglo-French Declaration (Article 7), and was confirmed by Article 6 of the 1912 Treaty between France and Spain regarding Morocco. Declaration between the United Kingdom and France Respecting Egypt and Morocco, 8 April 1904, (1907) 1 AJIL Supplement pp. 6–9. (1913) 7 AJIL Supplement pp. 81-93. 206 Xxxxx, pp. 205-206. 207 ibid. 208 Doc 8903-C/994, p. 27 (emphasis added). This dispute, nonetheless, could have instigated ICAO initiatives to specify indicators for the reasonable extent and location of prohibited areas. ICAO specified the criteria for reasonable extent and location in Annex 11 to the Chicago Convention.
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