On 5 November 2002, the European Court of Justice delivered its 'open-skies' judgment, a landmark decision which may be the beginning of a new era in the regulation of international air law. The consequences of this judgment may not only affect the European Union and its Member States; this book shows how it could change the future regulation of international aviation worldwide. The first part of this book describes the difficulties arising from the fact that the competence for the regulation of air transportation in Europe is divided between the EU and the Member States. This division of power will also affect the conclusion of air-service agreements made with countries outside of Europe. In the second part of the book, the author examines a subject that was not part of the 'open-skies' judgment, but which he believes will become a problematic consequence: the distribution of air-traffic rights within the European Union.
Table of Contents
Contents: Preface; Introduction; Part 1 The Treaty-Making Power to Conclude Air Service Agreements: Introduction to international air law; Regulation of air transportation in the European Community. Part 2 The Distribution of Air Traffic Rights: Background; Administrative power to distribute air traffic rights; Distribution methods; Proposal for a procedure to allocate air traffic rights in the European Community; Bibliography; Index.
Martin Bartlik studied law at the Johann Wolfgang Goethe University in Frankfurt, Germany, graduating in 2002. Following this he studied for his Ph.D. under Prof. Dr. Dr. h.c. Manfred Zuleeg, a former judge of the European Court of Justice and a Professor at the University of Frankfurt. While completing his doctorate, Martin was also studying at the Institute of Air and Space Law at McGill University in Montreal, Canada, graduating with a Master of Laws (LL.M.) in Air and Space Law.
’Although Bartlik, an internationally experienced and proven scholar, mainly deals with the situation within the European Union, this book is important for everyone working in the aviation area; in a globalized world, aviation is an international matter and so are its problems and solutions. In particular, the overview on EU law in the first part will help those working with the European Union in the area of international air law to understand how this supranational organisation functions and what its objectives are, as well as the stuctural and political obstacles. The second part is equally valuable as it provides the first comprehensive study ever on the distribution of air traffic rights. Thereby this book covers not only the present situation in the European Union, but also analyses the situation in five countries with very different aviation industry structures. Academics of air law, airline and airport managers as well as government officers will all find interesting and helpful aspects for their work no matter where they live and work.’ Michael Milde, McGill University, Canada 'The author does not deliver a fast read, but it is worth the effort to examine the publication thoroughly to gain a deeper understanding of the author's approaches and new ideas on treaty-making powers and future developments on the allocations of traffic rights' German Journal of Air and Space Law, April 2007 ' In his Preface, the author points out that whether one likes it or not, the Eu will become a major player in the regulation of international air transport in the long run. It is this incontrovertible fact that makes the subject matter of this work important.... This is a well researched, well documented and creative contribution to air law by a competent author.' Annals of Air and Space Law Vol XXXIII 'Scholars and practitioners may find this book handy and, hopefully, inspiring to consult as it brings many interesting ideas and documents on a present day subject. Th