Law and Policy of Substantial Ownership and Effective Control of Airlines

Law and Policy of Substantial Ownership and Effective Control of Airlines PDF

Author: Isabelle Lelieur

Publisher: Routledge

Published: 2017-03-02

Total Pages: 188

ISBN-13: 1351922874

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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.

Progressive Commercialization of Airline Governance Culture

Progressive Commercialization of Airline Governance Culture PDF

Author: Jan Walulik

Publisher: Routledge

Published: 2016-08-05

Total Pages: 366

ISBN-13: 1317224256

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Progressive Commercialization of Airline Governance Culture analyzes the transition of the airline sector from the not-for-profit nation-bound public utility model towards a profit-oriented globalized industry. It illustrates how legal, political, historical and cultural factors have shaped the corporate governance in the airline sector, and describes how these factors influence economic decisions and performance. The unique feature of the book is that the subject is consequentially discussed from the perspective of airline governance culture. This approach links the examination of legal and policy factors which influence airline activities together with a discussion of economic issues, all within one clear, coherent and comprehensive framework.

Fundamentals of International Aviation Law and Policy

Fundamentals of International Aviation Law and Policy PDF

Author: Benjamyn I. Scott

Publisher: Taylor & Francis

Published: 2024-09-11

Total Pages: 526

ISBN-13: 1040111718

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Fundamentals of International Aviation Law and Policy offers students a systematic, tailored and dynamic approach to understanding the legal scenario concerning international civil aviation. The book covers the major areas of international aviation law and provides an introduction to the multifaceted international regulation of aviation activities in the sphere of public and private law. The book is designed to provide the reader with the fundamental notions concerning international aviation law. It adopts an interactive approach, which aims at engaging the reader by way of using learning tools. The main areas of public and private aviation law are dealt with from a regulatory and practical perspective, and include detailed analyses of existing and applicable legislations, as well as landmark court cases and decisions. Each chapter is tailored to confer to readers a thorough knowledge of the applicable international and, if any, the European legislation. Delivery of these aims is attained through a clear and balanced use of didactic instruments and immediate information. New chapters cover aircraft financing and advanced air mobility, giving this second edition of Fundamentals of International Aviation Law and Policy even greater coverage and depth. The book is intended for a varied audience of students and professionals involved in the aviation world, without requiring the possession of specific legal knowledge or background. It also constitutes a useful reference material for those who are familiar with legal terminology and aviation specifics.

The Law and Policy of Air Space and Outer Space

The Law and Policy of Air Space and Outer Space PDF

Author: Peter P. C. Haanappel

Publisher: Kluwer Law International B.V.

Published: 2003-01-01

Total Pages: 330

ISBN-13: 9041121293

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This is a policy oriented and comparatively oriented textbook on air and space law for students and practitioners. It covers the history and development in air and space law; their interrelationships with the law of the seas and the law of Antartica; institutions working in the field of air and space law; sovereignty in national penal air law; private international air law, especially liability law; and public and private space law Much attention is devoted to the law of air commerce: bilateral air services agreements; inter-airline co-operation; the effect of competition, antitrust and European Union law; deregulation, privatization and commercialization of air transport; ownership and control of airlines, and airline alliances; multilateralisation of air transport; and congestion and environmental controls. The last chapter of the book briefly deals with the legal aspects of commercial outer space application. Increasingly, air transport, both in fact and in law, is becoming an ordinary industry like any other and is being treated as such. Rapidly, commercial outer space activities are being privatized and commercialized.

The Emerging Lex Aviatica

The Emerging Lex Aviatica PDF

Author: Brian F. Havel

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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Since the advent of international commercial air travel, every airline has been straitjacketed by treaty-based restrictions which mandate that, in order to be eligible to provide international air services on behalf of its home state, it must be owned and controlled by citizens of the home states (or by the home state itself). This citizenship “purity” requirement, commonly referred to as the “nationality rule,” is reinforced by national laws requiring substantial (share) ownership and effective control of national air carriers by the home state or its citizens. The combined effect of these treaty and national law restrictions has been to prevent airlines from merging across borders or from establishing subsidiaries in other states. Consequently, airlines are locked out of transnational capital markets at a time when the global operating environment (including oil price spikes and lingering demand weakness in the wake of the Great Recession) has never been more challenging. In this Article, we identify an emerging normative transition, which we dub the “lex aviatica,” that is attempting to displace the treaty-based nationality rule. This transition is rooted in an evolving consensus among airlines and sympathetic government officials. Thus, in contrast to its conceptual antecedent, the “lex mercatoria,” through which the merchant class consciously broke with the common law, the emergent lex aviatica suggests a lawmaking process where not only is the state no longer the sole actor or regulator, but there is an appreciably more open-textured collaboration between merchant and state. The Article analyzes how this normative transition could transform the global regulatory order for international aviation, liberating commercial and investment opportunities that will allow the industry that globalized the world to become global itself.

Aviation in the Digital Age

Aviation in the Digital Age PDF

Author: Ruwantissa Abeyratne

Publisher: Springer Nature

Published: 2020-06-25

Total Pages: 384

ISBN-13: 3030482189

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All of the topics discussed in this book – from sovereignty to cybercrime, and from drones to the identification of passengers & privacy – are profoundly affected by algorithms; so are air traffic services and aeronautical communications. All of these aviation-related aspects are addressed in a 75-year-old treaty called the Chicago Convention and its Annexes, which, as this book argues, needs to be reviewed with a focus on its relevance and applicability in connection with Moore’s Law, which posits that transistors in computer microchips double in speed, power and performance every two years, while the cost of computers is halved during the same period. Firstly, in terms of traditional territorial sovereignty, we have arrived at a point where there is a concept of data sovereignty and ownership that raises issues of privacy. Data transmission becomes ambivalent in terms of territorial sovereignty, and the Westphalian model may not be the perfect answer. Whether it be the manufacture of airplanes, the transfer of data on individuals, or the transmission of aeronautical and telecommunications information – all have to be carried out in accordance with the same fundamental principle: duty of care. Against the backdrop of the relevant provisions of the Chicago Convention and its Annexes, the detailed analysis presented here covers key areas such as: megatrends; AI and international law in the digital age; blockchain and aviation; drones; aviation and telecommunications; aviation and the Internet; cybersecurity; and digital identification of passengers & privacy. In turn, the book suggests how we can best manage this transition.

National Interest and International Aviation

National Interest and International Aviation PDF

Author: Erwin von den Steinen

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 250

ISBN-13: 9041124551

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Many of the problems and opportunities facing society today are determined by issues of mobility. Access to people, products, information and resources has emerged as a priority in the foreign policies of most states. Inevitably, considerations of national interest have played a central role in the structure and operations of the international aviation system. Meanwhile, air transport has been a catalyst for the phenomenon of globalization. This first in-depth exploration of the vital relationship between aviation policy and national interest in todays global economy focuses on those areas of concern where the international community has common ground or where conflicts of interest are most likely to arise. Revealing deeply informed perspectives gained from decades of distinguished public service in many areas of aviation policy, Erwin von den Steinen reviews the rules that govern the conduct of commercial air services between nations and considers the prospects of aviation in the 21st Century. He explains how timely understanding of national interest can provide a context for global and local policy to connect, and why the international aviation system is vital for the peaceful and sustainable development of modern states and societies. With such insights and powerful, practical recommendations, von den Steinens analysis will be of enormous value to those concerned with air transport, from technical research and design to the highest levels of government, as well as to lawyers and academics in international law and relations. and“a tour of the major issues in international aviation law and policy under the guidance of an authentic homme engageand Ultimately, this book is the work of someone who deeply appreciates the aviation industry both at its technical level, that of its often-frustrating machinations of law and policy, and also at the emotional level of a special business that exemplifies freedom and imagination like few others do.and” Brian F. Havel and“The Introduction has one of the best free flowing leads to a book detailing the politics of aviation and diplomacy I have come acrossand . I commend this book to lawyers, diplomats and students of aero-politics and lawand . I would prescribe this book to my graduate students as compulsory reading for their course in Aero-political and legal Environment.and” Dr Ruwantissa Abeyratne

Liberalization in Aviation

Liberalization in Aviation PDF

Author: Hartmut Wolf

Publisher: Routledge

Published: 2016-05-06

Total Pages: 615

ISBN-13: 1317105427

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The last few decades have witnessed substantial liberalization trends in various industries and countries. Starting with the deregulation of the US airline industry in 1978, regulatory restructuring took place in further network industries such as telecommunications, electricity or railways in various countries around the world. Although most of the liberalization movements were initially triggered by the worrying performances of the respective regulatory frameworks, increases in competition and corresponding improvements in allocative and productive efficiency were typically associated with the respective liberalization efforts. From an academic perspective, the transition from regulated industries to liberalized industries has attracted a substantial amount of research reflected in many books and research articles which can be distilled to three main questions: (1) What are the forces that have given rise to regulatory reform? (2) What is the structure of the regulatory change which has occurred to date and is likely to occur in the immediate future? (3) What have been the effects on industry efficiency, prices and profits of the reforms which have occurred to date? Liberalization in Aviation brings together renowned academics and practitioners from around the world to address all three questions and draw policy conclusions. The book is divided into five sections, in turn dealing with aspects of competition in various liberalized markets, the emergence and growth of low-cost carriers, horizontal mergers and alliances, infrastructures, and concluding with economic assessments of liberalization steps so far and proposed steps in the future.

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