Harmonising Regulatory and Antitrust Regimes for International Air Transport addresses the timely and problematic issue of lack of uniformity in legal standards for international civil aviation. The book focuses on discrepancies within the regulatory and antitrust framework, comprehensively reveals the major legal limitations and conflicts, and presents possible solutions thereto. It discusses possible strategies for multilateralisation and defragmentation of air law, and for international harmonisation of airline economic regulation with fair competition standards. This discussion extends to competition between air transport law and other legal regimes as well as to specific regulatory problems related to air transport. The unique feature of the book is that it reconciles distinct perspectives on these issues presented by renowned aviation and aerospace experts who represent the world’s key air transport markets and air law academic centres.
By providing unbiased solutions that could serve as a base for future international arrangements, this book will be invaluable for aviation professionals, as well as students and scholars with an interest in air law, economic regulation, antitrust studies, international relations, transportation policy and airline management.
Table of Contents
Part 1: Multilateralization of International Civil Aviation Relations and Defragmentation of International Air Law
1. The Seven Decades of Scattered Skies
2. Multilateralization of International Civil Aviation Relations and Defragmentation of International Air Law
Peter P.C. Haanappel
Part 2: Balancing Air Policy and Fair Competition in International Air Transport
3. Airlines as Allies: How to Manage the Market?
Pablo Mendes de Leon
4. Regulatory Schizophrenia: Mergers, Alliances, Metal-Neutral Joint Ventures and the Emergence of a Global Aviation Cartel
Paul S. Dempsey
5. Airline Alliances: Permitted and Prohibited Practices in View of the EU Law
6. Competition in International Air Transport: An Overview of EU Policy Developments
Part 3: Competition between Air Transport Law and Other Regulatory Regimes
7. Citius, Altius, Fortius: Regulating Commercial Spaceflight under Air Law or Space Law?
Frans G. von der Dunk
8. Between Global Climate Governance and Unilateral Drifts: The Establishment of a Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)
9. Airline Non-Commercial Advantages and Fair Competition: The Issue of Labour Conditions
Part 4: Regulation, Deregulation or Non-Regulation of Aerospace Activities
10. Cheap Liberalisation: Cutting Regulatory Corners in Air Transport or Cutting One’s Own Throat?
11. Airline Nationality: A Reconstruction of the EU Ownership and Control Rules
Elmar M. Giemulla
12. Suborbital Traffic: A New Regulatory or Non-Regulatory Discipline
13. The Need for Regional Liberalisation: The Issue of Damascus Agreement of 2004
Shadi A. Alshdaifat and Bashar H. Malkawi
14. Air Transport Connectivity Gap: Is Regulation the Answer?
Piotr P. Dziubak
Jan Walulik has a PhD in law; Head, Civil Aviation Laboratory, Centre for Antitrust and Regulatory Studies, Faculty of Management, University of Warsaw; corporate attorney (Warsaw bar).