Unit 6: Aviation Laws in Nepal
6.1 International Air Law Instruments to which Nepal is a Party
Nepal’s treaty wardrobe (the verified-and-well-established): the Chicago Convention 1944 (the ICAO membership era — the 1960s); the liability family: the Warsaw Convention 1929 + the Hague Protocol 1955 (accession 12 February 1966, effective 13 May 1966), with the Montreal Convention 1999’s accession approved (2018) but the completion still pending (Unit 4.2’s verified detail); the security trio (the Tokyo 1963, Hague 1970, Montreal 1971 conventions — the party-status with the 2010 Beijing instruments’ adherence to be confirmed against the ICAO tables); and the regional-and-technical faces (the APANPIRG-and-the regional cooperation’s world). The general layer: the Vienna Convention on the Law of Treaties’ discipline; and the Treaty Act 2047’s domestication (the ratified treaty’s force-as-law-and-primacy — the Constitution’s Article 279-and-the-treaty regime of Constitutional Law-II’s world).
6.2 Air Service Agreement
The ASA = the bilateral treaty exchanging the traffic rights (the Chicago Article 6’s consent made contractual): the structure’s anatomy — the routes-and-points (the designated airlines’ cities), the capacity-and-frequency (the seats-and-flights’ limits-or-freedom), the the freedoms granted (the third-and-fourth’s home traffic; the fifth’s beyond-rights; the sixth’s hub flows — the terminology the exam loves), the tariff clauses (the double-disapproval faces), the designation-and-authorisation (the flag’s carriers’ licensing), the safety-and-security clauses (the Annexes’ incorporation; the revocation faces), the fair-competition-and-taxation, and the dispute settlement (the negotiation-arbitration ladder — 6.5). Nepal’s ASA world: the ~40-agreement wardrobe (the neighbours-and-the-Gulf core: India (the historic 1997/2010s’ revisions — the points-and-capacity politics; the sixth-freedom flows), the Gulf states (the labour traffic’s arteries — the Qatar-Emirates’-and-the-Gulfair era), China
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