The Recognition of the Chinese Government and the Convention on International Civil Aviation |
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| Authors: | Talmon Stefan |
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| Institution: | Correspondence: * Professor of Public International Law, University of Oxford, and Fellow of St Anne's College, Oxford (email: stefan.talmon{at}law.ox.ac.uk). The paper was completed in July 2008. |
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| Abstract: | This article traces the membership and representation of Chinain the International Civil Aviation Organization. It examineswhich of the two governments claiming to represent China, theGovernment of the Republic of China (ROC) or the Governmentof the People's Republic of China (PRC), has, at any one time,been regarded as competent to exercise China's membership rightsunder the Convention on International Civil Aviation (ChicagoConvention). In particular, the article asks which governmentcan today validly designate "customs airports" in China, includingTaiwan, and exercise the various other rights in respect ofnon-scheduled and scheduled flights referred to in Articles5 and 6 of the Chicago Convention. It explains why airlinescan operate direct international air services to non-designatedairports in Taiwan without the special permission or other authorizationof the Government of the PRC, despite the latter being regardedas having complete and exclusive sovereignty over the airspaceabove Taiwan. |
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