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The Principles and Practice of International Aviation Law provides
an introduction to, and demystification of, the private and public
dimensions of international aviation law. Unlike other global
sectors, the air transport industry is not governed by a discrete
area of the law, but by disparate transnational regulatory
instruments. Everything from the routes that an international air
carrier can serve to the acquisition of its fleet and its liability
to passengers and shippers for incidents arising from its
operations can be the object of bilateral and multilateral treaties
that represent diverse and often contradictory interests. Beneath
this are hundreds of domestic regulatory regimes that also apply
national and international rules in disparate ways. The result is
an agglomeration of legal cultures that can leave even experienced
lawyers and academics perplexed. By combining classical doctrinal
analysis with insights from newer disciplines such as international
relations and economics, the book maps international aviation law's
complex terrain for new and veteran observers alike.
Increasingly, governments everywhere are backing away from their
earlier micromanagement of international aviation, allowing
carriers to tap market opportunities wherever they can be found and
with far more ease and responsiveness. Accordingly, the industry
will inevitably generate new paradigms of competitive market
behaviour. This timely book presents the fresh thinking needed on
an appropriate legal and policy architecture to govern the industry
in the decades ahead. It continues the pursuit of the topic
considered in the author's earlier work In Search of Open Skies:
the contours of a legal regime that should govern international
scheduled air passenger (and relatedly, air cargo) transport.
Beyond Open Skies offers a systematic comparative analysis of the
legal and policy dimensions of airline deregulation by federal fiat
in the United States and by supranational collaboration in the
European Union. The book draws upon a variety of sources, including
very recent developments in U.S. and EC international aviation law,
policy, and diplomacy, to propose a genuine multilateral air
transport system. It examines the potential of the 'open skies'
initiative, in the aftermath of the new U.S./EC air transport
agreement, to inspire a genuine globalization of the world's air
transport industry in such crucial aspects as the following: -
cabotage; - ownership and citizenship requirements; - route
selection; - airline identity; - capacity; - pricing regimes; -
competition and public aid; - regulatory harmonization; - labor
laws; - provisions for charter and/or cargo transportation; - fair
operation of and access to computer reservations systems; -
authorization of code-sharing arrangements; - alliances and
antitrust immunity; and - dispute resolution. A very special
feature of the book is its wealth of hard-to-find but vital
scholarship and source material, never before collected so
conveniently in one place, furnishing a rich and satisfying context
that will enable readers to understand better the forces at work
during these momentous realignments among carriers, regulators, and
markets. Recognizing that the current global air transport
regulatory system is inadequate to the commercial demands of the
modern industry, the author shows clearly that the imperatives for
its reform transcend domestic debates about incremental public
intervention in the business of providing air transport. The book's
in-depth analysis of how the law and policy of U.S. and EC airline
deregulation can be integrated into the framework for a
second-stage U.S./EC air transport agreement builds upon the
efforts of government officials, industry stakeholders, and
academic commentators who have encouraged a progressive
liberalization of air transport. Beyond Open Skies is sure to take
its place as the most comprehensive and valuable reference that
exists on the complex diplomacy currently defining the future of
international aviation.
The Principles and Practice of International Aviation Law provides
an introduction to, and demystification of, the private and public
dimensions of international aviation law. Unlike other global
sectors, the air transport industry is not governed by a discrete
area of the law, but by disparate transnational regulatory
instruments. Everything from the routes that an international air
carrier can serve to the acquisition of its fleet and its liability
to passengers and shippers for incidents arising from its
operations can be the object of bilateral and multilateral treaties
that represent diverse and often contradictory interests. Beneath
this are hundreds of domestic regulatory regimes that also apply
national and international rules in disparate ways. The result is
an agglomeration of legal cultures that can leave even experienced
lawyers and academics perplexed. By combining classical doctrinal
analysis with insights from newer disciplines such as international
relations and economics, the book maps international aviation law's
complex terrain for new and veteran observers alike.
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