¹ H.R. Deb., 27 April 1971, 2049.

² Britain annexed Papua on 4 September 1888 and called it British New Guinea.

³ Germany annexed the Territory in 1888 but renounced its rights by Article 119 of the Treaty of Versailles; in 1920 the League of Nations entrusted the Territory to the Commonwealth under Mandate.

⁴ In his speech of 27 April 1911, the Minister for External Territories announced that legislation would be introduced in the 1971 Budget session of Parliament to change the name from the “Territory of Papu and New Guinea” to “Papua New Guinea”: H.R. Deb. 2051. Where appropriate the latter is used in this paper.

⁵ See ss. 11 to 17 Air Navigation Act 1920-1966 (Cth).

⁶ A result of the International Civil Aviation Conference—Chicago 1 November to 7 December 1944.

⁷ U.N.D.P. Report, Transport Survey of the Territories of Papua and New Guinea (1969), by Sir William Halcrow and Partners, Ch. X, D. 7 ii.

⁸ Id., Ch. X. D.

⁹ Id., Ch. II, D. 2-9; some estimates suggest that for the cost of building Boeing 747 facilities at Port Moresby, unrestricted Boeing 707 facilities could be built there and in addition Boeing 727 facilities could be built at either Lae or Madang.

¹⁰ Id., Ch. II, D. 2-10.

¹¹ U.N.D.P. Report, supra n. 7, Ch. XV B. 2.

¹² The intemational airline licence held by Qantas expressly states that only Boeing 707-338C aircraft can be used on the route Sydney-Hong Kong.

¹³ Since completion of this comment, the Minister for Civil Aviation has announced the successful negotiation of an Australia-Philippine Air. Services Agreement. Under the Agreement the esignated airline of the Philippines (Philippine Air Lines) will be pemtitted to link Manila with Port Moresby, Sydney and Melbourne: Sydney Morning Herald, 2 June 1971, 14.

¹⁴ Air Services Agreement dated 7 February 1958 together with an Exchange of Notes in January 1963 and in August 1966.

¹⁵ QF. 293 westbound and QF. 294 eastbound.

¹⁶ The Qantas international airline licence allows the airline to engage in regular public transport (r.p.t.) operations between the fixed terminals of Lae and Djayapura.

¹⁷ Such aircraft are spe,cified by the Qantas licence, but in any case the Djayapura runway is not capable of taking F. 27 aircraft.

¹⁸ QF. 296 eastbound and QF. 297 westbound.

¹⁹ QF. 298 eastbound and QF. 299 westbound.

²⁰ See Phillips, R. D. (First Assistant Director-General (Policy), Department of Civial Aviation), “Policy Aspects of Air Transport” (July 1969)Google Scholar Aircraft 28.

²¹ U.N.D.P. Report, supra n. 7, Ch. II. D.2.3., (italics added).

²² Id., Cb. XV, A.1.c.i.

²³ Id., Ch. XV, A.1.c.3.

²⁴ Id., Ch. XV, A.1.c.5.

²⁵ H.A. Deb. Vol. 2, No.5, 1304.

²⁶ U.N.D.P. Report, supra n. 7, Ch. XV, A.1.c.2.

²⁷ Id., Ch. XV, A.1.b.

²⁸ Poulton, H. W., New Factors in Papua and New Guinea Air Transport, The Lawrence Hargrave Memorial Lecture 1969, 11Google Scholar.

²⁹ Motion of Mr W. Lussick on an air link with Guam, H.A. Deb. Vol. No. 10, 2958; H.A. Deb. Vol. 2, No. 11, 3065-3069.

³⁰ H. W. Poulton, op. cit., 22.

³¹ Worcester v. Georgia (1832) 6 Peters 515; 8 L.Ed. 483.

³² As the Chairman of Air Afrique, Cheikh Fal, observed: “In the case of new states, only one thing counts … because they have nothing else … taking advantage of their traffic rights … New Countries cannot afford to throwaway their rights which form the basis of their operations and their sole valuable possession”: (March-April 1969) Columbia lournal of World Business, 11.

³³ For scheduled flights by the International Air Services Transit Agreement, and for non-scheduled flights by the Convention on International Civil Aviation. Both treaties were a product of the Chicago Conference of 1944.

³⁴ Pacific Islands Local Service Investigation, Docket 17353, U.S. Civil Aeronautics Board; Recommended decision of Examiner R.L. Park, 11.

³⁵ “British: Air Transport in the Seventies”, Report of the Committee of Inquiry into Civil Air Transport, Cmd. 4018, 4.

³⁶ This may be the case for East African Airways: see Barrett, D. M., “Multi-Flag Airlines: A New Breed in World Business” (March-April 1969)Google Scholar Columbia Journal of World Business 13.

³⁷ Id., 13. On 25 January 1971 the governments of Malaysia and Singapore jointly announced they had recognized that it would be in the best interests of both governments that there should be two separate national airlines and, to that end, that they are currently reviewing the agreement relating to the establishment of M.S.A.

³⁸ Annex IX of the final Act.

³⁹ Déak, Francis, “The Balance-Sheet of Bilateralism” in The Freedom of the Air (1968) Ch. 11Google Scholar, 159.

⁴⁰ I.A.T.A. is a private organization to which most international airlines belong.

⁴¹ Lissitzyn, O. J., “Bilateral Agreements on Air Transport” (1964) 30Google Scholar J.A.L.C. 248, 254.

⁴² McWhinney, E. and Bradley, M. A., The Freedom of the Air (1968)Google Scholar Ch.12.

⁴³ Id., 179-188.

⁴⁴ Id., 176. It must be noted, however, that “Bennuda”agreements are the subject of growing criticism within the U.S.A. on the grounds that the U.S. airlines are not getting as much of the traffic as they should.

⁴⁵ Ibid.

⁴⁶ R. D. Phillips, op. cit., 29.

⁴⁷ Edles, Gary J., “I.A.T.A., The Bilaterals and IntemationalAviation Policy” (1967) 27Google Scholar F.B.J. 291, 305 described the thought of price cutting to the U.S. airlines as “the spectre of open rates'.”

⁴⁸ Federal Aviation Act (U.S.) SSe 412, 414.

⁴⁹ Gary J. Edles, op. cit., 293.

⁵⁰ As of 1 January 1969.

⁵¹ Australia-Nauru Air Services Agreement; 17 September 1969.

⁵² H.A. Deb. Vol. 2, No.9, 2519: debate on Commission of inquiry. on economic regulation and licensing of air transport.

⁵³ U.N.D.P. Report, supra n. 7, Ch. XV, A.1.c.6.

⁵⁴ MH. W. Poulton, op. cit., 19 suggested that one variation on this theme was “that certain smaller Commonwealth airlines” take over operation of Papua New Guinea regional services as their part of pooling arrangements with Qantas. Dr Poulton concludes that “…” it is doubtful whether such a solution once exposed to criticai examination would be politically acceptable”.

⁵⁵ H. W. Poulton, op. cit. 17-19.

⁵⁶ British Air Transport in the Seventies, supra n. 35, 73.

⁵⁷ Id.,260.

⁵⁸ Vide supra n. 53.

⁵⁹ H. W. Poulton, op. cit., 12-13; also the speech of Mr A. Voutas, supra n. 52.

⁶⁰ H. W. Poulton, op. cit., 13.

⁶¹ Speech by Mr A Voutas, Territory House of Assembly, 16 March 1970; see H.A. Deb. Vol. 2, No. 9, 2518-2520.

⁶² Article 77 provides:

⁶³ See in particular Professor J.E. Richardson, “Nationality and Registration of Aircraft Operated by International Agencies”, in The Freedom of the Air , supra n. 399 Ch. 14.

⁶⁴ Robinson, G. S., “Changing Concepts of Cabotage. A Challenge to the Status of U.S. Carriers in International Civil Aviation” (1968) 34Google Scholar Journal of Air Law and Commerce 553, 556.

⁶⁵ Id., 555.

⁶⁶ The method usually successfully adopted by the Scandanavian countries operating S.A.S. is that they insert a clause into their Air Services Agreements Whereby the particular country designates its own national airline to operate the agreed services but is expressly permitted to use aircraft and creW belonging to either of the two other states in the group.

⁶⁷ I.C.A.O. document 8722-C/976 (20.2.68), 3.

⁶⁸ Id., 6.

⁶⁹ Id., 7.

⁷⁰ G. S. Robinson, op. cit. 558.

⁷¹ Id., 559.