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Competition and Regulation in the Airline Industry
An examination of the relationship between competition and the deregulation and liberalisation of the US and European air transport sectors reveals that the structure of the air transport sector has undergone a number of significant changes. A growing number of airlines are entering into horizontal and vertical cooperative arrangements and integration including franchising, codeshare agreements, alliances, 'virtual mergers' and in some cases, mergers with other airlines, groups of airlines or other complementary lines of business such as airports.
This book considers the current legal issues affecting the air transport sector incorporating recent developments in the industry, including the end of certain exemptions from EU competition rules, the effect of the EU-US Open Skies Agreement, the accession of new EU Member States and the Lisbon Treaty. The book explores the differing European and US regulatory approaches to the changes in the industry and examines how airlines have remained economically efficient in what is perceived as a complex and confused regulatory environment. Competition and Regulation in the Airline Industry will be of particular interest to academics and students of competition law as well as EU law.
eBook
Legal priorities in air transport
Against the backdrop of enormous technological strides, this book argues that the air transport industry must be constantly vigilant in its efforts to employ a legal regime that is applicable to the aeronautical and human aspects of the carriage by air of persons and goods. In this regard, safety and security are of the utmost importance, both in terms of safe air navigation and the preservation of human life. Although the International Civil Aviation Organization (ICAO) addresses legal issues through its Legal Committee, many emerging issues that urgently require attention lie outside the Committees purview. This book analyzes in detail the items being considered by ICAOs Legal Committee, considers the legal nature of ICAO, and discusses whether or not ICAOs scope should be extended. Since the limited issues currently addressed by ICAO do not reflect the rapidly changing realities of air transport, the book also covers a broad range of key issues outside the parameters set by ICAO, such as: the need to teach air law to a new generation of aviation professionals; combating cyber-crime and cyber-terrorism; the regulation of artificial intelligence; traveller identification; interference with air navigation; human trafficking; unruly passengers; climate change; air carrier liability for passenger death or injury; Remotely Piloted Aircraft Systems (drones); and the cabin crew and their legal implications.
Book
Law and Policy of Substantial Ownership and Effective Control of Airlines
The principle of airline substantial ownership and effective control is one of the biggest impediments to the air transport industry growth. Legitimately included in the bilateral agreements since 1946 for national security reasons, States have maintained the principle over the years and used it as a protectionist tool, as well as a bargaining chip. Today, considering that liberalization and globalization concepts are already well-established in the biggest industrial sectors, and a large number of cross-border investments occurs in most of the service sectors through mergers and acquisitions, the time is ripe to remove national restrictions on foreign investments from the airline industry. This comprehensive book identifies those factors that still justify the imposition of national ownership restrictions on airlines and examines the prospects for change in the current policies and regulatory regimes that support them. The readership includes specialists in government departments of transportation, civil aviation authorities and agencies, international organizations, airline executives concerned with general management, economic, legal and public affairs, aviation lawyers, airline pilot associations, law schools concerned with international aviation law.
Isabelle Lelieur, a lawyer graduated from McGill University, is currently the Head of the Legal Department of the French Airport Association (UCCEGA). She previously worked at the European Commission - DG Transport in Brussels, Belgium.
Contents: Introduction. The Paradox of the International Airline Industry: Restrictions on Globalization in an Increasingly Global Market: Introduction; Towards an increasingly global open market; The progressive decline of national regimes on ownership and control of airlines. Justifications of Natural Restrictions Revisited: Introduction; Analysis of legal, economic and security justifications of the national restrictions; Consequences of the abolition of the ownership and control restrictions. Cross-Border Investments Loom on the Horizon - The Steps To Be Taken Towards Achieving Liberalization: Introduction; Necessary measures prior to the removal of foreign investment restrictions; Regionalism: a prerequisite to reach multilateralism; The role of international organizations; Conclusion; Bibliography; Index.
eBook
The regulation of air transport : from protection to liberalisation, and back again
\"The regulation of modern civil aviation can be traced back to the later years of the Second World War. An intense debate about the future regulatory regime resulted in a compromise which to this day essentially dictates the structure of the global airline industry. Further progress towards 'normalising' the industry appears to be slowing down, and perhaps even going into reverse. Without an understanding of the development of regulation, it is not possible to understand fully the industry's current problems and how they might be resolved Many books have been written about the development of international air transport, covering deregulation, privatisation, the emergence of new business models among other things, but few if any have taken a broad view of the trends which have determined the industry's current structure. The Regulation of International Air Transport charts the regulation of international air transport from the end of the Second World War to the present day, following the key trends and developments. It provides an overview of what has determined the industry's current structure, the problems still facing the industry and the ways in which it could develop in the future. This wide-ranging study is important reading for both professional and academics within the aviation field, as well as anyone interested in the development of aviation regulations\"-- Provided by publisher.
BOOK
Aviation Code of the Russian Federation
This book contains the updated English translation and the current official Russian text of the Aviation Code of the Russian Federation. For a better understanding of the Act, an Introduction has been added to this second edition, setting out the history of the Aviation Code and its ramifications. An outline of the Code is given, as well as an account of other Russian Federation legislation covering the field of aviation law. The book clarifies the applicable aviation law in the Russian Federation by providing a professional English translation of the Russian Aviation Code. It will be of interest to anyone dealing with aviation law. (Series: Essential Air and Space Law [EASL] - Vol. 13)
eBook
Aviation Safety Law and Regulation
Human and technical factors play a major role in the safety of aviation. From the competency of the airline pilot to the design and manufacture of aircraft, as well as how the aircraft is operated, there are compelling factors that a State must consider in implementing its safety management system. These elements are well regulated, in Annex 1 (Personnel Licensing); Annex 2 (Rules of the Air); Annex 6 (Operations of Aircraft) and Annex 8 (Airworthiness of Aircraft) to the Convention on International Civil Aviation (Chicago Convention) respectively. The overall philosophy of these Annexes is embodied in the broader principles contained in Annex 19 (Safety Management Systems). This book contains commentaries on the relevant Standards of these Annexes that require legal and policy analysis. It begins with a treaty interpretation of the Chicago Convention and the Annexes as well as their amendment processes and goes on to critically analyze the role of the International Civil Aviation Organization in that context. It then lays out the provisions of the four Annexes and offers legal and policy commentaries on Standards therein which are not self-explanatory, where applicable, relevant, and necessary. A significant feature of the book is its conclusion which asks questions and offers point by point suggestions in response that States could benefit from in ensuring the safety of international civil aviation. There has been no previous book published containing critical analyses and commentaries on Annexes 2, 6, 8, and 19 to the Chicago Convention in one repository of literature. This book will be of interest and use to aeronautical authorities; academics; students of international law and air law; legal practitioners and regulators worldwide.
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