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Liberalisation of international civil aviation – charting the legal flightpath

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  • Lykotrafiti, Antigoni

Abstract

The paper focuses on the issue of liberalisation of international civil aviation, examining how the law could accommodate a reform of the Chicago regime. It looks into the strengths and weaknesses of the most prominent legal options available to States to implement liberalisation, namely, amending the Chicago Convention, including market access in air transport in the GATS Annex on Air Transport Services, waiving the nationality clauses and concluding inter-regional air transport agreements. Via this process, the paper aspires to identify the optimal legal path to liberalisation. The analysis suggests that there is no single way to achieve liberalisation nor is there a shortcut. Instead, it appears that what catalyses liberalisation is the combined effect of the interplay between the various legal options. The paper concludes that, however accommodating the law might be, liberalisation occurs when economics and politics merge, an outcome which in international civil aviation appears to be a long way down the road, but certainly not out of sight.

Suggested Citation

  • Lykotrafiti, Antigoni, 2015. "Liberalisation of international civil aviation – charting the legal flightpath," Transport Policy, Elsevier, vol. 43(C), pages 85-95.
    • Handle: RePEc:eee:trapol:v:43:y:2015:i:c:p:85-95
    DOI: 10.1016/j.tranpol.2015.05.008
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    References listed on IDEAS

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    1. Alan Khee & Jin Tan, 2015. "Assessing the Prospects for an E.U.-ASEAN Air Transport Agreement," International Transport Forum Discussion Papers 2015/2, OECD Publishing.
    2. Tan, Alan Khee-Jin, 2010. "The ASEAN multilateral agreement on air services: En route to open skies?," Journal of Air Transport Management, Elsevier, vol. 16(6), pages 289-294.
    3. Xiaowen Fu & Tae H. Oum, 2015. "Dominant Carrier Performance and International Liberalisation: The case of North East Asia," International Transport Forum Discussion Papers 2015/3, OECD Publishing.
    4. Tretheway, Mike & Andriulaitis, Robert, 2015. "What do we mean by a level playing field in international aviation?," Transport Policy, Elsevier, vol. 43(C), pages 96-103.
    5. Mendes de Leon, Pablo, 2009. "Establishment of air transport undertakings – Towards a more holistic approach," Journal of Air Transport Management, Elsevier, vol. 15(2), pages 96-101.
    6. Mike Tretheway & Robert Andriulaitis, 2015. "What Do We Mean by a Level Playing Field in International Aviation?," International Transport Forum Discussion Papers 2015/6, OECD Publishing.
    7. Fu, Xiaowen & Oum, Tae Hoon & Chen, Ruowei & Lei, Zheng, 2015. "Dominant carrier performance and international liberalization – The case of Northeast Asia," Transport Policy, Elsevier, vol. 43(C), pages 61-75.
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    Cited by:

    1. Walulik, Jan, 2016. "At the core of airline foreign investment restrictions: A study of 121 countries," Transport Policy, Elsevier, vol. 49(C), pages 234-251.

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