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12 Air & Space Law. 1 (1997-1998)

handle is hein.journals/airspaclaw12 and id is 1 raw text is: Forum on Air and Spame ;Anierla Bar Aocation_._ Volume 12, Number 1, Summer 197 U. S.-Japan Aviation Wars: Negotiating Not-Quite-Oper BY MICHAEL GOLDMAN Ti hot international a'iatin ll issite this tiiontth is whetlietr tho U.nited States will agrov( to negotiate with Jatlin atl aviation ag. enol other lthan Ollen Skies. The I lnit(d Shates defines Opon Skies as a bilateral agret)- m:ont that places no) restrictions oin airline flights hllen the United States and Jalail and poinits Ityold by U.S. or Japan- eso airline0s. Tie Japalltse Ilay! insisted that t hey toot want a now aviation agreenlinl, but pr()for to ,. soffit govrniental restri:tions retainedl on IJ.S.-Japlan air service. This would help to prot(ct their two international airlines against the five U.S. airlines :urrently serving Japan. While this sounds like the script for a classic I.S.- Japan trado war, pitting the irotectionist Jallane;so 'HE AIR AND SPACE LAWYER against the fIro-market A mericans, it is nol. A more liboral agr:enletit, bilt not Upon Skies, deal is sup- porth(d 1by a inuniher of 1.S. airlines-Ilatith haves like lhlihtd and have nots like Amirican, Della, and Continental. Ilowever, one UL.S. airline, Northwest, (:onlinutes to urge the U.S. govenm'lent to remain firm in its quiest for Opeui Skies, To comlicate matters, Open Skies with Japan nay not ihe very oplln lt all. Japlli's colignsthld, slot-cllonrolled airpoirts have little rooti for adllitional flights. An Open Skies agreliill Oil p)1 pelr will not Iiagically I'r.io open skies over Tokyo's Narita and Osaka's Kaisai ai'ports. Open Skies with Japan is, in short, as nitilli a fight betwen oeni c petiig IU.S. airlines and U.S. regionial interests as it is a struggle between the IU.S. aind lJapan- 0s5; govcrnuninls. Slot restrid:iolis at the two key Jalianese airports beg the qieustion of whiIher iticreased service or comilpet ition will restlt froil U.S.- (Conlild Oil page 6) The Advantages and Disadvantages of Airport Construction Wrap-Up Insurance Programs: A Defense Lawyer's Perspective BY JOSEPH A. BOSCO Constrlction wrap-u) insuran:e prograns are otlen uilsd in large cnsitrction projects in lieu of coliveti- ional insuratice as a way of controlling overall projec/t costs. With increasing frequency, owtlers, projec(:t tiati- agors, insuratice broke's, and the aviation insurance market are discoveritig and utilizing these programs in ilajor airport coistruction anl expansion )rojects. In a construttion wrap-uip insutrance prograin, the owner and/or project tilanager plrt'chise intStrfince to protect tliheiselves and the various contractors and sulbontractors perforning work oil the project. [ Jsu- illy an insurance roker will sot ip the prograill, obt a i ti tle necessary coverages, and alninister tite prograi. Th types of insurance typically inclhded i a wrap-lp inturiance program are general I iability, builders' risk, and workers' comniipensation and etnployers' liability. Usaially, each type of' wral)-U p insurance progran is adtinistered separately. Oice the contractor or suconitractor's hid is accepted, and before its work at the site begins, that contractor is issued a certificate of insurance for its work eil the (conlinued oil page 81) 11. S.-Japin Aviatiotn Wars I Aip'(rt' (onistu'llt( i otn Wrap-Il) It usuraince Prograus 1 Chair's M:ssage 2 l'dilir's (oliln t Saftyi Assessniet;t of 'Fo'eign Ail'craft in tin Eurollill Unlioln :1

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