Evaluating the Progress of the Liberalization of International Aviation toward Open Skies

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Dr. Tyler B. Spence
Dr. Steven M. Leib
Daniel Friedenzohn

Abstract

The United States has engaged in well over 100 Open Skies Agreements with other ICAO member state partners reaching all parts of the globe. These Open Skies Agreements have established a practice of liberalization for airlines to have the most freedom to choose when, where, how often, and for how much they fly to locations. Despite a majority of ICAO member state partners engaging in Open Skies, there has been a reluctance of the member states to engage in the same practices with other aviation partners for similar access. A similar pattern is also evident for liberalization through the Freedoms of the Air, a key philosophical understanding set forth through ICAO practices describing the ways in which airlines can fly between the member states in the interest of international aviation. This paper evaluates the trend among the member states to engage in more liberalized aviation through their granted access to reduced government oversight of foreign airline access to sovereign airspace and the number of rights granted to their respective operational international partners. While the overwhelming number of agreements may not be fully liberalized Open Skies, there does appear to be an increasing desire to promote practices that connect member states at greater efficiencies and give travelers more options and more access to airline choice. 

Article Details

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Proceedings

References

Bartsch, R. (2018). International Aviation Law: A Practical Guide (2nd ed.). Routledge. https://doi.org/10.4324/9780203712986

Button, K. (2009). The impact of US-EU “Open Skies” agreement on airline market structures and airline networks. Journal of Air Transport Management 15, 59-71.

Forsyth, P., King, J., & Lyn Rodolfo, C. (2006). Open Skies in ASEAN. Journal of Air Transport Management, 12(3), 143–152. https://doi.org/10.1016/j.jairtraman.2005.11.004

Forsyth, P., King, J., Rodolfo, C. L., & Trace, K. (2004). Preparing ASEAN for open sky (Research project 02/008). AADCP Regional Economic Policy Support Facility.

International Civil Aviation Organization. (n.d.) World Air Services Agreements. https://data.icao.int/WASA/AboutWASA/UserGuide.

Laplace, I., Lenoir, N., & Roucolle, C. (2019). Economic impacts of the ASEAN single aviation market: focus on Cambodia, Laos, Myanmar, The Philippines and Vietnam. Asia Pacific Business Review, 25(5), 656–682. https://doi.org/10.1080/13602381.2019.1652979

Ministry of Singapore. (2021). Liberal aviation policy. Retrieved from: https://www.mot.gov.sg/About-MOT/Air-Transport/Aviation-Hub/Liberal-Aviation-Policy/

Scott, B. I., & Trimarchi, A. (2020). Fundamentals of International Aviation Law and Policy (1st ed., Vol. 1). Routledge. https://doi.org/10.4324/9780429492075

U.S. Department of State (2016). Open skies partnerships: expanding the benefits of freer commercial aviation. The Office of Website Management, Bureau of Public Affairs. Retrieved from: https://2009-2017.state.gov/r/pa/pl/262022.htm

U.S. Department of State. (2021). Open Skies Partners. Retrieved October 31, 2021, from https://www.state.gov/open-skies-partners/