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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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The Law and Regulation of Airspace Liberalisation in Brazil - What is the Way Forward? (Hardcover)
Loot Price: R4,484
Discovery Miles 44 840
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The Law and Regulation of Airspace Liberalisation in Brazil - What is the Way Forward? (Hardcover)
Series: Routledge Research in Air and Space Law
Expected to ship within 12 - 19 working days
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The book starts from the premise that the current aviation
framework, in Brazil, cannot sustain a full liberalisation in the
long run. While the competition rules in place offer a strong
framework, which only requires small modifications, these rules are
not "enough" to foster a "healthy" liberalisation. In fact, until
recently, Brazilian airlines were operating in a homogenous market,
where competition was artificial. This artificial competition,
obtained through the imposition of a legal obligation to provide
water and a snack and grant a 23kg bag allowance, has resulted in a
highly concentrated domestic market with very few players. Compared
to other same size markets, such as China or India, Brazil is far
behind in terms of airlines operating at national level.
Consequently, the opening of the domestic market must be closely
regulated to avoid national carriers suffocating under external
pressure. For this reason, state intervention during the
liberalisation process is crucial. State intervention is also with
regard to the protection of passengers. The other major problem is
the protection framework for passengers which is much too uncertain
and burdensome. In a sense, it is detrimental to the domestic
market and passengers. Indeed, there is no harmonisation of
passenger compensation leading to contradictory judgments and
possible high moral damages which hinders legal certainty for
airlines. Compared to the situation in the EU, in Brazil, airlines
have a limited range of defences, which are often dismissed by
courts. This book, therefore, critically analyses the policies and
regulations in place by mainly comparing the Brazilian framework to
the European one. This choice has been motivated by the fact that
European liberalisation is considered the best so far, and as
Brazil is starting this process much later, it could benefit from
the European experience. This book will be of particular interest
to scholars and practitioners interested in the Brazilian system.
General
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