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Chinese Journal of International Law Advance Access originally published online on February 5, 2009
Chinese Journal of International Law 2009 8(1):135-159; doi:10.1093/chinesejil/jmp001
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© The Author 2009. Published by Oxford University Press. All rights reserved

The Recognition of the Chinese Government and the Convention on International Civil Aviation

Stefan Talmon*

Correspondence: * Professor of Public International Law, University of Oxford, and Fellow of St Anne's College, Oxford (email: stefan.talmon{at}law.ox.ac.uk). The paper was completed in July 2008.

This article traces the membership and representation of China in the International Civil Aviation Organization. It examines which of the two governments claiming to represent China, the Government of the Republic of China (ROC) or the Government of the People's Republic of China (PRC), has, at any one time, been regarded as competent to exercise China's membership rights under the Convention on International Civil Aviation (Chicago Convention). In particular, the article asks which government can today validly designate "customs airports" in China, including Taiwan, and exercise the various other rights in respect of non-scheduled and scheduled flights referred to in Articles 5 and 6 of the Chicago Convention. It explains why airlines can operate direct international air services to non-designated airports in Taiwan without the special permission or other authorization of the Government of the PRC, despite the latter being regarded as having complete and exclusive sovereignty over the airspace above Taiwan.


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