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All Journal Indonesian Journal of International Law
E. Saefullah Wiradipradja, E. Saefullah
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Open Skies Policy: The Developing Countries Point of View Wiradipradja, E. Saefullah
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The concept of open skies policy is an international policy concept which aims to liberalize of rules and regulations on international commercial aviation industry. For developed countries, by allowing air carriers unlimited market access to its partners’ markets and the right to fly to all intermediate and beyond points, open skies agreements provide maximum operational flexibility for airline alliances. They may have the best opportunities, as they will be able and in the best position to offer the best product to the better part of the air traffic market. On the contrary, for developing countries, open skies policy may cause more harm to the interests of airlines than bring economic gains to the countries. Further, it will lead to a domination of the international air transportation market by the biggest and most developed countries that finally it will return the situation to monopolistic system. To take care of emerging needs, it would be more appropriate to periodically renegotiate the existing bilateral agreements.
Wilayah Udara Negara (State Air Territory) Ditinjau dari Segi Hukum Internasional dan Nasional Indonesia Wiradipradja, E. Saefullah
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The status of air territory has now been regulated by international law and every State has sovereignty over the air space (Chicago Convention, 1944). The problem of State sovereignty over the air space arose as the effect of the technologcial aspect of aviation and especially at the time of war which launched projectiles and explosives from balloons or other methods of a similar nature over the air space of another States. The article 33 (3) of 1945 Constitution states only “land and waters” to be controlled and to be used by government for the greatest of social prosperity, but it does not state “air space” which is not less importance that “land and waters”. It must be a serious consideration for the coming amendment of the Constitution.
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