Liberalisation of International Civil Aviation – Charting the Legal Flightpath

2015, 43 Transport Policy, pp. 85-95

23 Pages Posted: 14 Jul 2020

Date Written: 2015

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.

Keywords: Liberalisation, Chicago Convention, nationality restrictions, WTO GATS, inter-regional air transport agreements, alliances

JEL Classification: K20, K21, K33, L38, L43, L44, L50, L93, L98

Suggested Citation

Lykotrafiti, Antigoni, Liberalisation of International Civil Aviation – Charting the Legal Flightpath (2015). 2015, 43 Transport Policy, pp. 85-95, Available at SSRN: https://ssrn.com/abstract=3596781

Antigoni Lykotrafiti (Contact Author)

Queen Mary University of London ( email )

Mile End Road
London, WC2A 3JB
United Kingdom

HOME PAGE: http://https://www.qmul.ac.uk/law/people/academic-staff/items/lykotrafiti.html

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