In Search of Open Skies: Law and Policy for a New Era in International Aviation

This is a timely study of the international airline industry. Praised by EU Commissioner for Transport Neil Kinnock as an 'important contribution' to the open skies debate, the book uses a comparative analysis of U.S. and EU airline deregulation to define a new legal order for global air transport in the 21st century. This is the first full-length study of the world airline industry to evaluate the new American international aviation policy, the European Commission's campaign for a mandate to pursue multilateral air transport negotiations, the phenomena of code-sharing and global airline alliances, and the finding of important industry data by the U.S. Presidential airline commission and EU's Comité des Sages. A major feature of Professor Havel's analysis is his unprecedented use of the unpublished transcripts and archival materials of the U.S. investigative panel. The book includes a foreword by Commissioner Kinnock. It is intended for an academic and professional audience, both in the United States and Europe, interested in the complex legal and policy issues that currently affect the world's most visible service industry.

Preface

Foreword by The Rt. Hon. Neil Kinnock

Introduction

• Preparing for a New Era in International Aviation
• The 'Chicago System' - And a Proposal for Reform

The Sway of Sovereignty: A Closed System of International Air Transport

• The Conceptual Framework of the Chicago System
• The Doctrine of Airspace Sovereignty
• `The Freedoms of the Air' and the Rise of Bilateralism
• Sovereignty Ascendant: The Doctrine of Cabotage
• Sovereignty and Chauvinism: The Nationality Rule
• Flying the National Flag: Public Ownership, Public Subsidy, and Freedom from Competition
• The Persistence of the Regulatory Complex: Computer Reservations Systems and Airport Access
• The Chicago System in Transition: Strategic Alliances and Code-Sharing
• Multilateralism and Regionalism in the Chicago System
• Reforming the Chicago System: A Look Forward

Target Jurisdiction I. The United States: Deregulation in a Single Airspace Sovereignty

• Introduction
• The Legal and Historical Background
• Exporting Deregulation: Probing the Limits of Bilateralism
• A Critical Assessment of US Federal Airline Deregulation

Target Jurisdiction II. The European Union An Experiment in Multilateral Liberalization

• Introduction
• The Supranational Foundations of EU Airline Deregulation
• Airline Deregulation Comes to the Common Market: A Cross-Institutional Process
• EU Airline Deregulation: A Legislative Triptych
• A Critical Assessment of EU Airline Deregulation: Signposts for a New Plurilateral Regime

Conclusion: A Proposal for a New International Air Transport Regime

• Imperatives of Liberalization and Globalization
• The Foundations of a New Plurilateral Airspace
• The Blueprint for a New Plurilateral Treaty
• ENVOI: A New Era for International Aviation

Appendices

Bibliography

Index