| Summary: | 碩士 === 東吳大學 === 法律學系 === 101 === Due to its high capital and technical concentration, also related to states’ economical and strategic policies, civil aviation transport industry were long term under protection by domestic regulations, in order to had improper competition avoided, technology and capital concentrated, limited routes fully utilized, price stabilized and to maintain safety and security. Liberalization of the international air transport services concluded the sectors of airlines ownership and control, market access, fair competition, marketing, disputes settlement and regulation and transparency of air service agreements, this thesis focus on the previous sectors: airlines ownership and control rule, latterly the developing background of this principle, meaning and regulatory of states and international framework were included.
“Substantial ownership and effective control” principle performance in acceptance, suspending and termination of airlines designation and authorization, states accept designation by partner states only when designated airlines apply to ownership and control rule setting by contracting parties, thus authorize services, traffic rights and open market access, or withdraw these exclusive rights when designated airlines not meet the previous provisions. By reducing protection from states, competition of airlines could be strengthened; foreign capital and operation knowledge also improve the weakness of airlines finance and management. Besides the direct advantages, loosening restrictions of ownership and control from states further promote mergers and acquisitions between airlines, cooperation and synergistic effect come after successful combination of companies, thereby personnel and fixed cost savings lead to fatter profit, lower price, better services quality, more selectable routes and more flights to be choose become possible and can be expect by passengers.
The latter part of this thesis moves forward to the need of change from states and the whole sector, and the reasons why states preserve the traditional standards instead of more open regulatory measures, or the latest alternative suggestion introduce by ICAO and other liberalized international or regional mechanism. The risks of liberalization of airlines ownership and control include transport operations, loss of traffic rights, loss of cabotage, aviation safety and security considerations, therefore justifications of these issues also had been collected and discussed in this part. The end of this text presents the progress and current development of the topic, including the trend and intention of states and international organizations toward the sectors, and how regulatory evolves from the Chicago Conference to Air Transport Conferences since 1980s till modern era. Other important trans-national, regional or bilateral agreements and treaties and particular domestic statues of designation of airlines rules such as 2007 US-EU open skies treaty and the agreement between ASEAN and China. Conclusion of this paper summarizes the issues above and rethinking the situation and the pattern of Taiwan, and give recommendations to the airlines industry and the authorities.
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