The Agreement between the United Kingdom and the United States concerning air services, known as Bermuda II, was signed in Bermuda on 23 July 1977, in duplicate, the authentic text being English. Signatories: Edmund Dell and W. Patrick Shovelton for the United Kingdom; Brock Adams and Alan S. Boyd for the United States. Article 21: entry into force on the date of signature. UNTS No. 16509, volume 1079, registered by the United Kingdom on 16 March 1978. It replaces the 1946 Bermuda Agreement; it is not the 1944 Chicago Convention, which it complements, nor the later EU–US Open Skies agreement that superseded it.
The preamble seeks safe, adequate and efficient air transport, without unjust discrimination or destructive competitive practices, with a fair and equal opportunity for designated airlines, plus safety, security and efficient use of resources. Article 2 grants, at framework level, overflight and stops for non-traffic purposes, scheduled services on the routes in Annex 1 and charter services under Annex 4 — without transcribing the route schedules.
Article 3: each Party designates one or more airlines, authorised by the other if they meet ownership and control conditions. Articles 5–6: revocation or suspension of operating authorisation; recognition of airworthiness certificates. Article 10: user charges for airports and navigation shall be just, reasonable and non-discriminatory. Article 11: fair competition, without a capacity or tariff handbook.
Article 16: consultations within 60 days. Article 17: arbitration by three arbitrators, with a fallback appointment by the President of the International Court of Justice — treaty procedure, not a litigation handbook. Article 18: amendments by exchange of notes. Article 19: termination takes effect after one year, with simultaneous notice to ICAO. Article 20: registration with ICAO.
Cover: Sessions House in Hamilton, the seat of Bermuda’s parliament, on the territory of signature; we do not claim the hall. Wikimedia Commons, free licence.
Sources consulted: Bermuda II Agreement; Agreement concerning air services (UNTS No. 16509).
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