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In Search of Open Skies: Law and Policy for a New Era in International Aviation

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European Transport Commissioner Neil Kinnock praises this book as 'an important contribution' to the open skies debate in international aviation, noting that it 'breaks new ground' in its comparative treatment of US and EU airline deregulation. The book exposes the anticompetitive bias of the archaic regime of bilateral air transport treaties launched over fifty years ago at Chicago.

Repudiating bilateralism, it interweaves the successes and limitations of the US and EU air ...

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1997 Hardcover Near Fine. No Jacket Binding Tight Pages Clean Ex-Library With Normal Markings.

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Overview

European Transport Commissioner Neil Kinnock praises this book as 'an important contribution' to the open skies debate in international aviation, noting that it 'breaks new ground' in its comparative treatment of US and EU airline deregulation. The book exposes the anticompetitive bias of the archaic regime of bilateral air transport treaties launched over fifty years ago at Chicago.

Repudiating bilateralism, it interweaves the successes and limitations of the US and EU air transport liberalization programs to define a 21st century multilateral open skies solution that, in Commissioner Kinnock's view, poses 'intellectual challenges to all of us whose professional mission is the evolution of new law and policy for the international air transport industry.' This is the first full-length study of the world airline industry to evaluate: the new American international aviation policy; the European Commission's controversial campaign for a mandate to enter multilateral air transport negotiations with the US; code-sharing and global airline alliances; the findings of important industry studies by the US presidential airline commission and the EU's Comité des Sages.

A major feature of Professor Havel's analysis is his unprecedented use of the unpublished transcripts and archival materials of the blue-ribbon US presidential panel. The book is intended for an academic and professional audience, in both the United States and Europe, interested in the complex legal and policy issues that currently affect the world's most visible service industry.

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Product Details

  • ISBN-13: 9789041103536
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 5/1/1997
  • Pages: 534

Table of Contents

Foreword
Preface
Acknowledgements
Table of Acronyms
1 Introduction 1
1.1 Preparing for a New Era in International Aviation 1
1.2 The "Chicago System" - and a Proposal for Reform 16
2 The Sway of Sovereignty: A Closed System of International Air Transport 29
2.1 The Conceptual Framework of the Chicago System 29
2.2 The Doctrine of Airspace Sovereignty 31
2.3 "The Freedoms of the Air" and the Rise of Bilateralism 35
2.4 Sovereignty Ascendant: The Doctrine of Cabotage 49
2.5 Sovereignty and Chauvinism: The Nationality Rule 62
2.6 Flying the National Flag: Public Ownership, Public Subsidy, and Freedom from Competition 85
2.7 The Persistence of the Regulatory Complex: Computer Reservations Systems and Airport Access 95
2.8 The Chicago System in Transition: Strategic Alliances and Code-Sharing 101
2.9 Multilateralism and Regionalism in the Chicago System 119
2.10 Reforming the Chicago System: A Look Forward 125
3 Target Jurisdiction I: The United States: Deregulation in a Single Airspace Sovereignty 127
3.1 Introduction 127
3.2 The Legal and Historical Background 129
3.3 Exporting Deregulation: Probing the Limits of Bilateralism 154
3.4 A Critical Assessment of US Federal Airline Deregulation 198
4 Target Jurisdiction II: The European Union: An Experiment in Multilateral Liberalization 233
4.1 Introduction 233
4.2 The Supranational Foundations of EU Airline Deregulation 237
4.3 Airline Deregulation Comes to the Common Market: A Cross-Institutional Process 278
4.4 EU Airline Deregulation: A Legislative Triptych 302
4.5 A Critical Assessment of EU Airline Deregulation: Signposts for a New Plurilateral Regime 338
5 Conclusion: A Proposal for a New International Air Transport Regime 399
5.1 Imperatives of Liberalization and Globalization 399
5.2 The Foundations of a New Plurilateral Airspace 402
5.3 The Blueprint for a New Plurilateral Treaty 415
5.4 ENVOI: A New Era for International Aviation 439
App. 1 Tables of Authorities 443
App. 2: Bibliography of Sources Consulted 479
App. 3 Documentary Submissions to the (US) National Commission to Ensure a Strong Competitive Airline Industry 499
App. 4 (US) Model Open Skies Agreement 505
Index 523
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