Duke of B
Good points. I don't think anyone is debating whether ATC instructions should be complied with or not, just what those ATC instructions mean.
So where is "give way" defined? It is listed but not defined in PANS-RAC.
HB's point is also well made. Rule 37(4)(b) suggests that it is possible in the eyes of the ANO to "give way" to another aircraft while crossing well clear ahead of it.
Like most pilots my introduction to the words "give way" are through the rules of the road, where it clearly means something slightly different from "allow precedence". As such, its use in an aviation context seems ambiguous and it would be nice to see it defined in an ICAO or CAA document. Until then, it seems sensible, as Spitoon suggests, to make instructions more explicit.
Over the years, most misunderstandings in phraseology that have resulted in tragic consequences would have been regarded by at least one involved party as "common sense". I'm not sure that's a high enough standard for aviation.