Summary on the Sample Clauses

Summary on the. ‘non-distinction’ requirement Article 9 of the Chicago Convention requires that a Contracting State shall not make a distinction on the basis of aircraft’s nationality when establishing prohibited airspace. The term “aircraft of a Contracting States” refers to aircraft bearing the nationality of that State, irrespective of airline’s nationality. An action of a Contracting State to prohibit the transit rights of one particular airline might not necessarily create a distinction as to aircraft’s nationality, but such action very likely leads to different treatments among aircraft of different nationalities. This non-distinction requirement means to prevent Contracting States from using prohibited airspace as an instrument to discourage international air transport; it is a qualification to a Contracting State’s sovereignty so that the State should accord an equal opportunity to aircraft of different nationalities. Nonetheless, most States prescribe fixed airways for overflight bilaterally so different States’ airlines use different routes to fly over the same territory. The privileges for one route do not automatically apply to another route through a blanket NT or MFT provision.