The are several dimensions to the existing imbroglio over Tobago's airlift.
Firstly, TT is a signatory to the Chicago Convention of which article six – Scheduled Air Services, states, “No scheduled international air service may be operated over or into the territory of a contracting state, except with the special permission or other authorisation of that state, and in accordance with the terms of such permission or authorisation.”
Bilateral air service agreements (BASA) form the basis of authorisations and permissions for the airlines of one country to operate into another country.
The Bermuda I agreement between the UK and US governments, relating to air services between their respective territories signed in Bermuda in 1946, was one of the earliest BASAs.
This agreement became a global template BASA and subsequently used by many countries. The agreement was replaced by the updated Bermuda II agreement which was took effect in 1978.
Today, due to the ever changing social, economic and political environments, there is a shift away from traditional BASAs to more liberalised ones commonly known as “open skies” agreements.
[caption id="attachment_1051384" align="alignnone" width="1024"] Passengers wait to check in for boarding a flight to Tobago at the Piarco International Airport in Trinidad. - File photo[/caption]
In TT, a Cabinet-appointed Standing Negotiating Committee on Air Service Agreements (SNCASA) negotiates BASAs between TT and other countries.
Various stakeholders are represented on the SNCASA which is chaired by a senior counsel adept in aviation matters. The Tobago House of Assembly (THA) representative has retired and a replacement is yet to be appointed.
The draft BASA and the record of proceedings are initialled by the respective heads of delegations. Some BASAs take provisional effect after initialising and come into full force by the exchange of diplomatic notes that confirms that all administrative arrangements, including ratification by the governments of both parties, are in place for entry into force.
Secondly, the Civil Aviation Act 2001 established the TT Civil Aviation Authority (TTCAA) to maintain a standard of safety and efficiency in the civil aviation system that is at least equal to the standard of safety prescribed by the Chicago convention and any other aviation convention, agreement or understanding to which TT is a party. Section 5 (b) (i) and (ii) of the Civil Aviation Act 2001 empowers TTCAA to regulate all civil aviation operations in TT including air operators, airports, aircraft and airmen.
The Civil Aviation [(No 17) Economic] Regulations, 2016 authorise the TTCAA to grant international and domestic commercial air transport licences to airlines to operate into and within TT subject to the conditions prescribed in the regulations and the applicable BASA.
A foreign airline must be designated by it home country to operate into TT in accordance with the designation clause of the BASA. This is done through diplomatic channels.
Thirdly, section 26(1) of th
