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The United States Achieves Open Shies With
Japan By Daniel Baxter |
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December 13, 2009 - “Achieving Open Skies with Japan, a major U.S.
transportation and trade partner, has been a long-standing U.S. goal and
is good news for air travelers and businesses on both sides of the
Pacific,” said Secretary LaHood. “Once this agreement takes effect,
American and Japanese consumers, airlines and economies will enjoy the
benefits of competitive pricing and more convenient service.”
U.S. Secretary of Transportation Ray LaHood announced on Friday that the |
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Under the new
agreement, airlines from both countries would be allowed to select
routes and destinations based on consumer demand for both passenger and
cargo services, without limitations on the number of
On
July 3, 1996, Northwest filed a complaint under 49 U.S.C. section 41310
against the Government of Japan ( In support of its complaint, Northwest stated that it
is one of the carriers designated under the 1952 U.S.-Japan aviation
agreement which entitles Northwest to operate without restriction from
the United States to Tokyo, Osaka and Naha, Japan and beyond Japan to
“points of Northwest’s choosing;” that such services include the right
to carry fifth-freedom traffic with its schedules subject only to ex
post facto review. Northwest further stated that, consistent with the
provisions of the bilateral aviation agreement, it made the requisite
schedule filings in a timely manner with Japanese authorities and |
Notwithstanding its bilateral entitlements, and its
compliance with all Japanese filing procedures, Northwest stated that on
June 28, 1996, at the conclusion of the second round of
intergovernmental discussions on this matter, Northwest was notified
that it could not operate the service and that a permit would not be
granted. Northwest argues that Japan’s action seriously injures
Northwest by limiting its ability to serve Asia and by precluding
altogether Northwest’s participation in the U.S.-Indonesia market; and
that Japan’s clear violation of the bilateral agreement warrants
remedial action under the statute. In this regard, Northwest requested that the
Department immediately require Japan Airlines to cancel its twice weekly
service in the JAL had urged the Department to dismiss Northwest’s
complaint. JAL argued that the real issue in this matter is a difference
in interpretation between the United States and Japan of the various
U.S.-Japan aviation understandings, and in particular, the effect of the
1989 Memorandum of Understanding (1989 MOU). JAL had contended that the
Japanese government’s position is that the 1989 MOU made “clear that
routes not already available to carriers on the basis of existing home
country authority granted prior to the signing of the 1989 [MOU] were no
longer available as a matter of right.” JAL further stated that it is Northwest argued that, contrary to JAL’s assertion, Northwest further argued that the negotiating history
of the various understandings United agrees with Northwest that JAL, argued that neither Northwest nor any other party
has made a “colorable argument” in support of the proposition that the
Japanese government has violated the 1952 Agreement or that Northwest’s
complaint warrants action under the statute. JAL maintained that a
difference in interpretation between the United States and Japan cannot
lawfully be addressed by means of unilateral sanctions. It, therefore,
supports discussions with Finally, JAL argued that United’s
dispute with On January 23, 1997, Northwest filed a motion for
immediate enforcement of its complaint, requesting that the Department
approve its complaint by finding United, 49 U.S.C. section 41310 provides that, upon complaint
or on our own initiative, when DOT determines that a foreign government
imposes unjustifiable or unreasonable restrictions on the access of a Northwest has been designated to serve |
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