Impact of EU Law on the Regulation of International Air Transportation

On 5 November 2002, the European Court of Justice delivered its 'open-skies' judgment, a landmark decision which may be the beginning of a new era in the regulation of international air law. The consequences of this judgment may not only affect the European Union and its Member States; this book shows how it could change the future regulation of international aviation worldwide. The first part of this book describes the difficulties arising from the fact that the competence for the regulation of air transportation in Europe is divided between the EU and the Member States. This division of power will also affect the conclusion of air-service agreements made with countries outside of Europe. In the second part of the book, the author examines a subject that was not part of the 'open-skies' judgment, but which he believes will become a problematic consequence: the distribution of air-traffic rights within the European Union. Contents: Preface; Introduction; Part 1 The Treaty-Making Power to Conclude Air Service Agreements: Introduction to international air law; Regulation of air transportation in the European Community. Part 2 The Distribution of Air Traffic Rights: Background; Administrative power to distribute air traffic rights; Distribution methods; Proposal for a procedure to allocate air traffic rights in the European Community; Bibliography; Index.