South African Airways v. Dole

Abstract

Air — Air services agreement — Termination — Revocation of permit issued to designated airline — Revocation taking effect before termination of agreement — Whether entailing violation of agreement — South Africa-United States Air Services Agreement, 1947

Relationship of international law and municipal law — Act of State and justiciability — United States political question doctrine — Scope and rationale — Revocation of permit issued to South African Airways as part of anti-apartheid policy — Whether justiciable — Treaties — Status of treaties in United States law — Principle that statute will be construed so as to accord with existing treaties where possible — Congressional intent to override treaty — Supremacy of statute over earlier treaty

Treaties — Effect in municipal law — Status of treaties in United States law — Supremacy of statute over earlier treaty — The law of the United States