International Regulation and Practices on Air Transport Services Liberalization

• Main Authors: Nien-Ning, Lee, 李念寧
• Other Authors: Tzu-Wen, Lee
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/79566318757229902819

碩士 === 東吳大學 === 法律學系 === 102 === International trade can be described as the most important symbol of the era of globalization. Nowadays, the so called “international trade liberalization” not only is generally considered as the most helpful policy to promote international trade to flourish, but also is the main direction of international trade law within international community. Generally speaking, the concept of “international trade liberalization” includes reducing government intervention, openning up market access, complying comparative advantage and market rule. Besides, although air transport service is the most safety, fast and convenient transport patterns among the cross-border transport services. It still can not be entirely evaluated as an economic activity between private individuals due to the special nature of its essence. Hence, commercial air service can not detach from the restriction of government and the national aviation policy of countries remaining as serious trading barriers by so far. Convention on International Civil Aviation (hereinafter Chicago Convention) is the most important convention of International Aviation Law and signed in Chicago in 1944. The effectiveness of Chicago Convention as a multilateral convention was focus on aviation safety and flight-related technology. Since Chicago Convention only established rules of bilateral agreements as the negotiation mechanism for exchanging the right to fly, its core idea is far from the general concept of “international trade liberalization”. Even the multilateral system of World Trade Orgainzation which establish in 1995 also considered its particularity and excluded the negotiation of right to fly from “single undertaking” agreement. In other words, air service as a trading category is still far from the concept of “international trade liberalization”. Nevertheless, the situation has changed within these years. In order to do a comprehensive study of “air services liberalization”, this thesis will be divided in to six parts. The first part is the general introduction of this thesis. The second part will explans the character of air transport service industry and elaborates the disputed origin of “air services liberalization”. The third part will inspects existing rules relating to air services liberalization and confirm their legal status. The forth part will analysis the current practice of countries. The fifth part will discuss the possible development of global air service policy in the future. And the sixth part is the personal opinion and the conclusion of this thesis.