The U.S./EU Open Aviation Area: The Demise of a Unilateral Americanist Policy in International Air Transport

In this article (Paragraph No. 25,311), despite the as-yet unsuccessful efforts by representatives of the United States (U.S.) and the European Union (EU) to develop a transatlantic common aviation union, the two sides have reached a “a benchmark movement” in their international aviation relationship. In fact, the author says the effort could become the “archetype for the future governance of the global air transport industry.” The author notes that both the U.S. and EU have worked over the past ten years toward replacing the existing web of bilateral air transport agreements, the two sides’ positions evolved toward the legal and policy symmetry that would enable them to conclude a multilateral agreement. For its part, the EU moved from a competing confederation of sovereign air powers to multilateral, multi-sovereign regulatory system, while the U.S. “open skis” policy has resulted in liberalized air transport agreements that have deregulated pricing, capacity, and restrictions on gateway points for air carriers of each country, according to the author. While the author believes that a new common transatlantic aviation union will come about incrementally rather than in a single settlement, the author believed that significant progress will occur only when the U.S. eliminated cabotage restrictions on foreign airlines and nationally restrictions on U.S. airline ownership. The author believes that the two sides are getting closer to reaching the elusive agreement.

  • Corporate Authors:

    International Aviation Law Institute

    DePaul University College of Law, 25 E Jackson Boulevard
    Chicago, IL  United States  60604
  • Authors:
    • Havel, Brian F
  • Publication Date: 2008


  • English

Media Info

  • Media Type: Print
  • Edition: Transfer Binder 2: 2004-2008
  • Features: References;
  • Pagination: pp 13051-13082
  • Monograph Title: Issues in Aviation Law and Policy

Subject/Index Terms

Filing Info

  • Accession Number: 01141784
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 7 2009 6:21PM