Judge Domingo Gil has cast a dissenting vote against the recent Dominican Republic’s Constitutional Court ruling that cleared the open skies agreement signed with the Biden administration of the United States. The judge expressed concerns that the deal could compromise the nation’s sovereignty.
The US-DR Open Skies Agreement, signed on 2 August 2024 and now in effect, has been described as one that reduces costs and expands airline operations between the two countries.
While the majority of the Constitutional Court found the accord to be in line with the Dominican Constitution, Judge Gil argued that it contains provisions that could jeopardize the nation’s sovereignty.
In his dissenting opinion, Gil highlighted several concerning aspects of the agreement, including:
• Exclusion of sovereignty: The judge pointed out that the agreement does not explicitly recognize the Dominican Republic’s “full and exclusive sovereignty over the airspace above its territory.” This omission, he argued, could create vulnerabilities for the nation.
• Ambiguous scope: Gil criticized the agreement for its vague definition of “agreed services,” which could potentially allow for military flights or other non-commercial operations.
• Limited territorial scope: The judge noted that the agreement’s definition of “territory” is narrower than in other aviation treaties, excluding certain areas that could be subject to the Dominican Republic’s jurisdiction.
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Diario Libre
26 December 2024