Title: Aviation: a risky business. Green and level playing fields? A paradox of virtues 'dumping' - anti-competitiveness!

Authors: Sarah Jane Fox

Addresses: College of Law – International Aviation Law Institute, DePaul University (IALI), 25 E. Jackson Blvd., Chicago, Illinois, 60604, USA

Abstract: The paper considers the ICAO vision statement (as cited in the lead-in) and investigates the paradoxes found within aviation and the specific intentions of the contracting States. The research investigates the liberalisation of the industry and governments' reluctance to open up the skies. The research also includes a review of the progress made by the EU in terms of liberalisation - internally and externally; and, the research identifies some of the challenges and actions - specifically, in relation to conflicting policies. This includes trying to level up the 'playing-field', particularly in respect to the practice of 'dumping' by the airlines. The paper concludes by returning to the ICAO vision, and finds that, despite an honourable intention of the Contracting States, progression will remain impeded - with the paradox remaining in respect to the statement made and the intention to actually undertake this.

Keywords: aviation liberalisation; protectionism; competition; EU law; international law; European Union; ICAO; International Civil Aviation Organization; airline dumping; Contracting States.

DOI: 10.1504/IJPLAP.2016.082257

International Journal of Public Law and Policy, 2016 Vol.5 No.4, pp.333 - 367

Received: 19 Aug 2016
Accepted: 28 Nov 2016

Published online: 07 Feb 2017 *

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