Law and Policy of Substantial Ownership and Effective Control of Airlines Prospects for Change 1st Edition by Isabelle Lelieur ISBN 1138264342 978-1138264342
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Product details:
ISBN 10:1138264342
ISBN 13:978-1138264342
Author:Isabelle Lelieur
The principle of airline substantial ownership and effective control is one of the biggest impediments to the air transport industry growth. Legitimately included in the bilateral agreements since 1946 for national security reasons, States have maintained the principle over the years and used it as a protectionist tool, as well as a bargaining chip. Today, considering that liberalization and globalization concepts are already well-established in the biggest industrial sectors, and a large number of cross-border investments occurs in most of the service sectors through mergers and acquisitions, the time is ripe to remove national restrictions on foreign investments from the airline industry. This comprehensive book identifies those factors that still justify the imposition of national ownership restrictions on airlines and examines the prospects for change in the current policies and regulatory regimes that support them. The readership includes specialists in government departments of transportation, civil aviation authorities and agencies, international organizations, airline executives concerned with general management, economic, legal and public affairs, aviation lawyers, airline pilot associations, law schools concerned with international aviation law.
Table of contents:
Part 1 The Paradox of the International Airline Industry: Restrictions on Globalization in an Increasingly Global Market
1 Towards an Increasingly Global Open Market
1. Introduction
2. Consolidation and Multilateralism Required by the New Global Market
3. Alliances, Open-Skies, Full Market Access: a Three-stage Process to Achieve Globalization
4. Conclusion
2 The Progressive Decline of National Regimes on Ownership and Control of Airlines
1. Introduction
2. The US Exception: Perpetuating Protectionism Despite DOT’s Willingness to Liberalize
3. The Two Faces of Europe: Internal EU Liberalization Versus Restrictions on Third Parties
4. The Canadian Regime
5. Erosion of the ‘Substantial Ownership and Effective Control’ Principle
6. Conclusion
Part 2 Justifications of National Restrictions Revisited
3 Analysis of Legal, Economic, and Security Justifications of the National Restrictions
1. Introduction
2. Legal and Economic Arguments
3. Aviation Safety and National Security Justifications
4. Conclusion
4 Consequences of the Abolition of the Ownership and Control Restrictions
1. Introduction
2. Legal Effects
3. Economic Benefits
4. Airline Consolidation Limits
5. Conclusion
Part 3 Cross-Border Investments Loom on the Horizon: The Steps to be Taken Towads Achieving Liberalization
5 Necessary Measures Prior to the Removal of Foreign Investment Restrictions
1. Introduction
2. Liberalization of Traffic Rights
3. Harmonization of Aviation Safety and Security Standards
4. Urgent Internal Political Changes in the EU and in the US
5. Harmonization of Competition Laws
6. Conclusion
6 Regionalism: a Prerequisite to Reach Multilateralism
1. Introduction
2. A Rigional Approach to the Airline Liberalization Process
3. A Multilateral Approach to the Airline Liberalization Process
4. Conclusion
7 The Role of International Organizations
1. Introduction
2. The Organization for Economic Co-operation and Development
3. The World Trade Organization and the GATS
4. The International Civil Aviation Organization
5. Conclusion
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Tags: Isabelle Lelieur, Substantial, Ownership, Airlines