| Summary: | 碩士 === 世新大學 === 法律學研究所(含碩專班) === 100 === In the early 20th century, aircraft was highly developed. In the period of WWII, the whole world tried to resolve a conflict between sovereignty, order and economics on air transport. In 1944, the conference of International Civil Aviation was held in Chicago, reaching a milestone in the development of international air law. The conference has a great influence on the international air transport. Because the nature of air transport has something to do with sovereignty and security, every country failed to exchange the air traffic by multilateral agreements. The Chicago Convention of 1944 established the order of international air transport with bilateral agreements. But the ideals of multilateral agreements have never given up.
The GATS is the first multilateral agreement on services trade. The air transport services should be governed by GATS. Because of the difference between the principles of GATS and the order of international air transport, it is open to question that air transport services are governed by GATS. After negotiations, the Annex on Air Transport Services was established. The annex is inclusive of auxiliary services and exclusive of traffic rights and services directly related to traffic. There are three auxiliary services written directly: aircraft repair and maintenance services, selling and marketing of air transport and computer reservation system services.
Because the Annex on Air Transport Services is limited in scope, liberlisation is never benefited from it. To promote the liberalisation of air transport, the Annex on Air Transport Services’ Paragraph 5 clearly stipulates that “The council for trade in service shall review periodically, and at least every five years, developments in the air transport sector and the operation of this Annex with a view to considering the possible further application of the Agreement in this sector.” The Second Review is ongoing. The two reviews elaborate on development in the sector and weigh the idea of expanding the scope of the Annex on Air Transport Services.
Firstly, we observe the system of international air transport, bilateral and multilateral. In addition, we discuss the frameworks and principles of GATS, especially differences between GATS and the nature of air transport. Furthermore, we focus on the scope of annex and market. Finally, we concentrate all our efforts on the two reviews of the Annex on Air Transport Services and try to offer my suggestions.
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