Article contents
United States–United Kingdom Arbitration Concerning Heathrow Airport User Charges
Published online by Cambridge University Press: 01 January 2021
Abstract
Air — Air services agreements — Structure and purpose — Airport landing rights — User charges imposed at airports — Nature of State's duty where user charges imposed by private body — Requirement to use best efforts — Principle of non-discrimination — Requirement that charges should be reasonable — Settlement of disputes regarding air services agreement — United Kingdom-United States Air Services Agreement 1977 (“Bermuda 2”)
Arbitration — Award — Request for clarification of award — Whether within powers of tribunal — Procedure — Rules of procedure — Ad hoc arbitration between States — Power of tribunal to establish rules of procedure
Claims — Local remedies rule — Applicability of rule — Distinction between claims of diplomatic protection and claims concerning wrongs committed against the State — Obligations of contract and obligations of result
Economics, trade and finance — Air services — Airport user charges — Requirement that charges must be reasonable — Criteria for determining whether charges reasonable — Economic evidence — Distinction between structure and level of charges
International tribunals — Arbitral tribunals — Inter-State arbitration — Ad hoc tribunal — Jurisdiction — Procedure
State responsibility — For breach of treaty — Nature of State's obligations under treaty — Obligations of conduct and obligations of result — Distinction — Requirement that State use best efforts — Airport user charges — Obligations of State in respect of charges determined by private airport authority
Treaties — Application — Interpretation — United Kingdom-United States Air Services Agreement, 1977 (“Bermuda 2”) Settlement of disputes
Keywords
- Type
- Case Report
- Information
- Copyright
- © Cambridge University Press 1996
- 2
- Cited by