Lot 54D423
Unsigned Japanese Government Memorandum
Domestic Civil Aviation
With respect to civil aviation, the American Draft1 provides in Chapter V, Political and Economic Clauses, Clause 13, Paragraph 3;
“Pending the conclusion of civil air transport agreements, Japan, during a period of three years, shall extend to each of the Allied Powers not less favorable civil air traffic rights and privileges than [Page 1010] those they exercised at the time of the coming into force of the present Treaty.”
In the same clause, Paragraph 1, which stipulates the matters regarding which Japan shall accord national treatment to the Allied Powers, excludes specifically Japanese coastal and inland navigation. But nothing is said about domestic civil aviation. International usage customarily reserves domestic civil aviation of a country for the citizens of that country, and the Italian Peace Treaty (Article 81) provides for indiscriminate treatment of the Allied Powers only with respect to international civil aviation. Accordingly it is desired that consideration be given to adding “international” before “civil air transport” and “civil air traffic” (Clause 13, Paragraph 3) with the view of making it clear that this clause is one governing the rights and privileges in international civil air transport.