Ruwantissa Abeyratne's Aeronomics and Law: Fixing Anomalies PDF

By Ruwantissa Abeyratne

ISBN-10: 3642289444

ISBN-13: 9783642289446

ISBN-10: 3642289452

ISBN-13: 9783642289453

This e-book embarks on a latest research of the interplay of economics and legislations in relation to air delivery, delving into the most important concerns that plague the undefined. It exhibits how a number of the thorny and complicated concerns might be approached sensibly. one of the matters mentioned are the ambiguity of exponential progress of air shipping which makes airline profitability stay bad; the legislative impediments in such a lot international locations that prevent direct international funding within the undefined; the confounding and muddled mess in the back of the economics of airplane engine emissions; and the inexplicable fact that, even if civil aviation is basically intended to satisfy the desires of the folk of the realm, country regulators have upended the equation and given precedence to nationwide pursuits over the pursuits of the passenger. The publication could be of curiosity to economists and legal professionals alike who care for air shipping matters, and in addition to lecturers and scholars within the quarter of transportation in addition to regulators and airlines.

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A second reason why flag carriers are effectively protected is that, apart from operations within Europe, the air transport regulatory process is driven by a network of bilateral agreements based on reciprocity of operations. This concept takes precedence in many countries over a more rational assessment of air services, one which goes beyond narrow sectoral interests of an air carrier and provides the optimum overall benefits from tourism, trade and investment for the economy, protection of consumer interests and enhancement of competition21 Caps on FDI serve to obviate the need for governments to invest, particularly when they have to protect ownership and control of nationals in designated airlines.

A good example is the US-EU Open Skies Agreement, which, at the initial stages of negotiations involved the subject of ownership and control, where the US limits foreign voting rights in its airlines to 25% of the stock while the EU has placed a ceiling at 49% foreign voting rights. The United States’ compromise to this impasse was to offer global investors more flexibility in marketing, routing and fleet structures, while retaining the 25% cap on foreign investment in US airlines. 49 The increased leverage given to foreign investors was meant to facilitate the influx of foreign capital by airlines in the red, such as Delta, United and Northwest Airlines who at that time were facing bankruptcy proceedings.

The service need not connect to or be an extension of service to/from the home State of the carrier. 51 The eighth freedom of the air is the right or privilege, in respect of scheduled international air services, of transporting cabotage traffic between two points in the territory of the granting State on a service which originates or terminates in the home territory of the foreign carrier or (in connection with the seventh freedom of the air) outside the territory of the granting State). 52 The ninth freedom of the air is the right or privilege of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State.

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Aeronomics and Law: Fixing Anomalies by Ruwantissa Abeyratne

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