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Vol 23 No 5 May/June 2018

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In Search of Open Skies: Law and Policy for a New Era in International Aviation - A Comparative Study of Airline Deregulation in the United States and European Union

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ISBN13: 9789041103536
ISBN: 9041103538
Published: July 1997
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print

Exposing the anti-competitive bias of the archaic regime of bilateral air transport treaties launched in the 1940s in Chicago, this volume interweaves the successes and limitations of the US and EU air transport liberalization programmes to define a 21st-century multilateral open skies solution.

The book is in effect a full-length study of the world airline industry and evaluates: the American international avation policy of the 1990s; the European Commission's campaign for a mandate to enter multilateral air transport negotiations with the US; code-sharing and global airline alliances; and the findings of the industry studies by the US presidential airline commission.

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Part 1 Introduction: preparing for a new era in international aviation; the ""Chicago system"" - and a proposal for reform.
Part 2 The sway of sovereignty - a closed system of international air transport: the conceptual framework of the Chicago system; the doctrine of airspace sovereignty; the freedoms of the air and the rise of bilateralism; sovereignty ascendant - the doctrine of cabotage; sovereignty and chauvinism - the nationality rule; flying the national flag - public ownership, public subsidy and freedom from competition; the persistence of the regulatory complex - computer reservations systems and airport access; the Chicago system in transition - strategic alliances and code-sharing; multilateralism and regionalism in the Chicago system; reforming the Chicago system - a look forward.
Part 3 Target jurisdiction I - the United States - deregulation in a single airspace sovereignty: introduction; the legal and historical background exporting deregulation - probing the limits of bilateralism; a critical assessment of US federal airline deregulation.
Part 4 Target jurisdiction II - the European Union - an experiment in multilateral liberalization: introduction; the supranational foundations of EU airline deregulation; airline deregulation comes to the Common Market - a cross-institutional process; EU airline deregulation - a legislative triptych; a critical assessment of EU airline deregulation - signposts for a new plurilateral regime.
Part 5 Conclusion - a proposal for a new international air transport regime: imperatives of liberalization and globalization; the foundations of a new plurilateral airspace; the blueprint for a new plurilateral treaty; ENVOI - a new era for international aviation.