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Harmonising Regulatory and Antitrust Regimes for International Air Transport (eBook)

Edited by: Jan Walulik

ISBN13: 9781351134897

Published: December 2018

Publisher: Routledge

Country of Publication: UK

Format: eBook (ePub)

Price: Out of print
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Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation. The book focuses on discrepancies within the regulatory and antitrust framework, comprehensively reveals the major legal limitations and conflicts, and presents possible solutions thereto. It discusses possible strategies for multilateralization and defragmentation of air law, and for international harmonization of airline economic regulation with fair competition standards. This discussion extends to competition between air transport law and other legal regimes as well as to specific regulatory problems related to air transport. The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent the world’s key air transport markets and air law academic centres.

By providing unbiased solutions that could serve as a base for future international arrangements, this book will be invaluable for aviation professionals, as well as students and scholars with an interest in air law, economic regulation, antitrust studies, international relations, transportation policy and airline management.

Subjects:: Competition Law, eBooks, Air and Space Law

Contents:: Glossary; Foreword from the Editor; Part One: Multilateralization of International Civil Aviation Relations and Defragmentation of International Air Law; Chapter 1. The Seven Decades of Scattered Skies (by Marek Żylicz); Chapter 2. Multilateralization of International Civil Aviation Relations and Defragmentation of International Air Law (by Peter P.C. Haanappel); 2.1 Introduction; 2.2 History; 2.2.1 1919-1944: The Interbellum; 2.2.2 1945-1975: The Regulatory Period; 2.2.3 1975-Today: Deregulation and Liberalisation; 2.3 Economic Theory and Practice; 2.4 Airline Privatization and Multilateralization; 2.5 Intergovernmental multilateralization; 2.5.1 The United States; 2.5.2 The European Union; 2.5.3 Elsewhere; 2.6 Ownership and Control of Airlines; 2.7 Global reform; 2.7.1 The International Civil Aviation Organization (ICAO); 2.7.2 The World Trade Organization (WTO); 2.8 Conclusions and Prospects for Multilateralization and Defragmentation; Part Two: Balancing Air Policy and Fair Competition in International Air Transport; Chapter 3. Airlines as Allies: How to Manage the Market? (by Pablo Mendes de Leon); 3.1 The Trend towards International Alliances; 3.2 The First Significant Case: KLM – Northwest Airlines; 3.3 Competition and Trade in Air Transport; 3.4 Airline Behaviour Affecting Competition; 3.5 Competition Regimes in Air Transport; 3.5.1 The US Law and Policy; 3.5.2 The EU Regime; 3.5.3 Other countries; 3.6 Frictions between Competition Law and Bilateral ASAs; 3.7 Implications of Cross Border Service Provision; 3.7.1 The ‘Effects’ Doctrine; 3.7.2 The Air Cargo Fuel Charges Cases; 3.7.3 Multilateral Efforts in Harmonising Competition Laws; 3.7.4 Achievements on Convergence of Competition Law and Policy; 3.8 Conclusions and Recommendations; Chapter 4. Regulatory Schizophrenia: Mergers, Alliances, Metal-Neutral Joint Ventures and the Emergence of a Global Aviation Cartel (by Paul S. Dempsey); 4.1 Introduction; 4.2 The Metamorphosis of Air Transport Agreements; 4.3 Airline Alliances; 4.3.1 Antitrust and Competition: A Succinct Summary of US and EU Laws; 4.3.2 Restraint of Trade; 4.3.3 Mergers and Consolidations; 4.3.4 Airline Alliances and Antitrust Immunity; 4.4 Analysis; Chapter 5. Airline Alliances: Permitted and Prohibited Practices in View of the EU Law (by Agnieszka Kunert-Diallo); 5.1 Introduction; 5.2 Diversity of Airline Alliances; 5.3 Airline Alliances in View of the EU Competition Law; 5.4 Airline Alliances in View of Market Access Regulations; 5.4.1 Combining Services and Code-sharing; 5.4.2 Aircraft Leasing; 5.4.3 Franchising and Common Branding; 5.4.4 Other Inter-Airline Agreements; 5.5 Conclusions; Chapter 6. Competition in International Air Transport: An Overview of EU Policy Developments (by Paweł Zagrajek); 6.1 Competition in Air Transport; 6.2 International Legal Framework for Competition in Air Transport; 6.3 Development of the EU Competition Policy in International Air Transport; 6.4 Pillars of the EU Competition Policy in International Air Transport; 6.4.1 Implementation of Fair Competition Provisions in ASAs; 6.4.2 The Defence Instrument – Regulation 868/2004; 6.4.3 Promoting Regulation of Competition at the ICAO; 6.5 Conclusions; Part Three: Competition between Air Transport Law and Other Regulatory Regimes; Chapter 7. Citius, Altius, Fortius: Regulating Commercial Spaceflight under Air Law or Space Law? (by Frans G. von der Dunk); 7.1 Private Commercial Human Spaceflight – the Context; 7.2 The Basic Tenets of Air Law; 7.3 The Basic Tenets of Space Law; 7.4 Private Manned Spaceflight Projects and the Legal Conundrum; 7.5 The US Approach – Stressing the ‘Space’ in ‘Spaceflight’; 7.6 The European Approach – Stressing the ‘Flight’ in ‘Spaceflight’; 7.7 Finding the Best Mix; Chapter 8. Between Global Climate Governance and Unilateral Drifts: The Establishment of a Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (by Elena Carpanelli); 8.1 Introduction; 8.2 A Tale of Two Stories: The ICAO-EU ‘Dialogue’ on the Reduction of Aviation Emissions; 8.3 After CORSIA: Unilateralism Reloaded or the End of the Game?; 8.3.1 Effectiveness of CORSIA; 8.3.2 Intersection between ‘Legal Orders’ and the Risk of a Resurgence of Unilateral Drifts; 8.3.3 Interplay with Other International Norms; 8.4 CORSIA and Market Distortions; 8.5 Conclusions; Chapter 9. Airline Non-Commercial Advantages and Fair Competition: The Issue of Labour Conditions (by Andrea Trimarchi); 9.1 Introduction; 9.2 Fair Competition in Aviation; 9.2.1 A Patchwork of Regulatory Regimes; 9.2.2 The Role of Bilateralism; 9.3 The Notion of ‘Non-Commercial Advantages’; 9.3.1 Trade Law and WTO; 9.3.2 EU Regulation 868/2004; 9.4 Labour Standards as Non-Commercial Advantages; 9.5 The Regulation of Labour in the Aviation Industry; 9.5.1 The Choice of International Forum; 9.5.2 The Choice of Legal Instrument; 9.6 Concluding Remarks; Part Four: Regulation, Deregulation or Non-Regulation of Aerospace Activities; Chapter 10. Cheap Liberalisation: Cutting Regulatory Corners in Air Transport or Cutting One’s Own Throat? (by Jan Walulik); 10.1 Introduction; 10.2 Air Policy and Regulation; 10.3 Liberalisation Trends and Drivers; 10.4 Safety Oversight Challenges; 10.5 Risks and Safeguards; 10.6 Regulatory Alternatives; 10.7 Summary; Chapter 11. Airline Nationality: A Reconstruction of the EU Ownership and Control Rules (by Elmar M. Giemulla); 11.1 Introduction; 11.2 Ownership and Control as Legal Requirements; 11.3 Review of Airline Ownership and Control; 11.4 Interpretative Guidelines; 11.4.1 The Notion of ‘Nationality’; 11.4.2 EU Regulations on Control; 11.4.3 Former Cases in the EU; 11.4.4 National Guidelines on Ownership and Control; 11.4.5 EU Guidelines on Ownership and Control; 11.5 Ownership and Control Assessment Process; 11.5.1 German Two Step Approach for Licensing; 11.5.2 Ongoing Compliance; 11.6 Conclusions; Chapter 12. Suborbital Traffic: A New Regulatory or Non-Regulatory Discipline (by Małgorzata Polkowska); 12.1 Introduction; 12.2 Regulatory Challenges in Outer Space Commercialization; 12.2.1 Status of Suborbital Flights; 12.2.2 Transit Issues; 12.2.3 Registration of Objects and Operations; 12.2.4 Safety and Security; 12.2.5 Passenger Status; 12.2.6 Civil Liability and Insurance; 12.2.7 Ownership in Space; 12.2.8 Criminal Jurisdiction; 12.3 Results of the Debate on Space Transport Regulation; 12.4 Summary; Chapter 13. The Need for Regional Liberalisation: The Issue of Damascus Agreement of 2004 (by Shadi A. Alshdaifat and Bashar H. Malkawi); 13.1 Introduction; 13.2 Economic Impact of Aviation in Arab States; 13.3 Arab Civil Aviation Liberalisation Potential; 13.4 The Damascus Agreement of 2004; 13.5 Conclusions; Chapter 14. Air Transport Connectivity Gap: Is Regulation the Answer? (by Piotr P. Dziubak); 14.1 Air Transport Connectivity; 14.2 Measuring Connectivity; 14.3 The Connectivity Gap; 14.4 Solutions to Address Connectivity Gaps; 14.5 Conclusions; Bibliography; List of official documents and materials; List of legal acts; List of court rulings; List of administrative decisions; Index