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United States–United Kingdom Arbitration Concerning Heathrow Airport User Charges

Arbitral Tribunals (Various).  30 November 1992 ; 01 November 1993 .

Published online by Cambridge University Press:  01 January 2021

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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

Type
Case Report
Copyright
© Cambridge University Press 1996

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