• Title/Summary/Keyword: international air liberalization

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Study of Revitalizing of Daegu International Airport (대구국제공항 활성화 방안에 관한 연구)

  • Hong, Seok-Jin;Jeong, Ung-Gi;Song, Sang-Hwa;Seo, Jeong-Uk
    • Journal of Korean Society of Transportation
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    • v.24 no.6 s.92
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    • pp.7-19
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    • 2006
  • Due to the continuous expansion of the highway, the opening of the high-speed railway(KTX), etc, the demands of domestic air transport decreasing. In the circumstances, airports and local governments are spending themselves in taking a measure to activate local airports. In this aspect, this study seeks the smooth flow of human movement through the activation of Daegu International Airport by analyzing the present condition of Daegu International Airport in relation to the appearance of the high-speed railway, deducing plans for activating airports, and presenting the roadmaps for long-, mid- and short-term roles for the development of Daegu Airport, and Presents substantial fulfilling plans to secure the competitive power of Daegu International Airport by speeding up the flow of air goods of the area for the long run. It is suggested in the study that by setting up an organization exclusively responsible for activating Daegu International Airport in the city of Daegu, supporting local travel agencies to promote consistent demands, supporting aviation companies to employ Daegu International Airport as a major air base, establishing airlines with priority for airports that open newly in local cities of Japan and establishing and expanding airlines in China areas be promoted actively. Ministry of Construction & Transportation makes it a means of main airport Policy to only support Incheon International Airport to be a hub. However not only Incheon International Airport should be an amok representing the country, but also the wide Metropolitan area should supply the demands, and airports based in the West and East Coast areas need to be developed in the future. It is suggested that since air demands of domestic local airports are based on the demands of the of gin destination in neighboring region, multiple bases need to be developed. It is suggested that by developing not 1 in mega hub (Incheon International Airport) but 1 in mega hub. 2 in regional hub (the West and East Coast) and Jeju foy the tourism hub in our developing airports system.

'Open Skies' Agreements and Access to the 'Single' European Sky;Legal and Economic Problems with the European Court of Justice's Judgment in 'Commission v. Germany'(2002) Striking Down the 'Nationality Clause' in the U.S.-German Agreement (항공(航空) 자유화(自由化)와 '단일(單一)' 유럽항공시장(航空市場) 접근(接近);유럽사법재판소(司法裁判所)의 미(美) ${\cdot}$ 독(獨) 항공운수협정(航空運輸協定)상 '국적요건(國籍要件)' 조항(條項)의 공동체법(共同體法)상 '내국민대우(內國民待遇)' 규정 위반(違反) 관련 '집행위원회(執行委員會) 대(對) 독일연방(獨逸聯邦)' 사건 판결(判決)(2002)의 문제점을 중심으로)

  • Park, Hyun-Jin
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.15 no.1
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    • pp.38-53
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    • 2007
  • In a seminal judgment of November 2002 (Case C-476/98) relating to the compatibility with Community laws of the 'nationality clause' in the 1996 amending protocol to the 1955 U.S.-German Air Services Agreement, the European Court of Justice(ECJ) decided that the provision constituted a measure of an intrinsically discriminatory nature and was thus contrary to the principle of national treatment established under Art. 52 of the EC Treaty. The Court, rejecting bluntly the German government' submissions relying on public policy grounds(Art. 56, EC Treaty), seemed content to declare and rule that the protocol provision requiring a contracting state party to ensure substantial ownership and effective control by its nationals of its designated airlines had violated the requirement of national treatment reserved for other Community Members under the salient Treaty provision. The German counterclaims against the Commission, although tantalizing not only from the perusal of the judgment but from the perspective of international air law, were nonetheless invariably correct and to the point. For such a clause has been justified to defend the 'fundamental interests of society from a serious threat' that may result from granting operating licenses or necessary technical authorizations to an airline company of a third country. Indeed, the nationality clause has been inserted in most of the liberal bilaterals to allow the parties to enforce their own national laws and regulations governing aviation safety and security. Such a clause is not targeted as a device for discriminating against the nationals of any third State. It simply acts as the minimum legal safeguards against aviation risk empowering a party to take legal control of the designated airlines. Unfortunately, the German call for the review of such a foremost objective and rationale underlying the nationality clause landed on the deaf ears of the Court which appeared quite happy not to take stock of the potential implications and consequences in its absence and of the legality under international law of the 'national treatment' requirement of Community laws. Again, while US law limits foreign shareholders to 24.9% of its airlines, the European Community limits non-EC ownership to 49%, precluding any ownership and effective control by foreign nationals of EC airlines, let alone any foreign takeover and merger. Given this, it appears inconsistent and unreasonable for the EC to demand, $vis-{\grave{a}}-vis$ a non-EC third State, national treatment for all of its Member States. The ECJ's decision was also wrongly premised on the precedence of Community laws over international law, and in particular, international air law. It simply is another form of asserting and enforcing de facto extraterritorial application of Community laws to a non-EC third country. Again, the ruling runs counter to an established rule of international law that a treaty does not, as a matter of principle, create either obligations or rights for a third State. Aside from the legal problems, the 'national treatment' may not be economically justified either, in light of the free-rider problem and resulting externalities or inefficiency. On the strength of international law and economics, therefore, airlines of Community Members other than the designated German and U.S. air carriers are neither eligible for traffic rights, nor entitled to operate between or 'free-ride' on the U.S. and German points. All in all and in all fairness, the European Court's ruling was nothing short of an outright condemnation of established rules and principles of international law and international air law. Nor is the national treatment requirement justified by the economic logic of deregulation or liberalization of aviation markets. Nor has the requirement much to do with fair competition and increased efficiency.

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Analysis of regional airline route development in Republic of Korea (한국 지역항공 향상을 위한 지역항공사 노선 정책에 대한 비교 분석)

  • Lee, Kang-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.91-118
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    • 2009
  • In the Republic of Korea, Regional Airlines from Jeju Air and Hansung Airlines have recently entered the domestic market to compete with the existing Legacy Airlines. In addition many of newly established regional low cost carriers like Air Busan, JeanAir, Easter Airline, are preparing to enter the jungle market. These circumstantial changes have come about as transportation competitiveness are getting weak in the market due to simultaneous expansion of surface modes such as a new opening of high-speed rail and extension of highways. The jumbled market entry by regional low cost carriers makes an enormous influence not only in managing transport network of existing carriers but also for the domestic policy of aviation authorities. It is too early to judge whether they would succeed or not. It is necessary to analyze the network operation of these regional carriers launching domestic routes and preparing to launch short distance international routes under the rapid changing market circumstances such as introduction of KTX or decrease in domestic routes by Legacy Airlines. Many regional airlines are to launch the routes connecting Korea-China-Japan, if they could ensure long-haul international routes successfully, it would follow that the difference between Legacy Airlines and Regional Airlines would decrease more and more, which would result in appearance of the $3^{rd}$or $4^{th}$Legacy Airlines The purpose of this study is to analyze the introduction of low cost carriers by regions and economic regional carrier network for non-scheduled air transportation market by taking a look at the regional airlines transportation network in the early stage of the domestic air transport market. For this purpose, cost and profit structure and management effect of transportation cost will be analyzed by comparing the presently operated routes of regional airlines with those of Legacy Airlines. And also demonstrative analysis demanded by the actual market will be achieved through surveys from experts, the actual airlines and travel agencies to build up transportation network.

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An Approach to Regionalism on the Creation of a European Single Aviation Market: From the Viewpoint of the EU's Strategic Response against the US (유럽 단일항공시장 형성에 관한 지역주의적 접근 - EU의 미국에 대한 전략적 대응 관점에서 -)

  • Suh Jeongwook
    • Journal of the Korean Geographical Society
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    • v.39 no.6 s.105
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    • pp.955-970
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    • 2004
  • With the flow of globalization, world aviation markets are showing growing trends toward liberalization, deregulation, and privatization. At the same time, also apparent is a strong trend toward regionalism on aviation markets to realize open skies at the regional level. This research examines the recent trend of regionalism in the world aviation market from a political economic perspective, taking a single European aviation market as an example. The results show that the creation of a single European aviation market is the EU's strategic response against the US to enhance the European aviation industry's competitiveness. More specifically, the results show that the European countries are creating a single European aviation market in order to stand against the US' so-called 'divide and nile policy' and 'encirclement strategy' and to make their airliners to have competitive advantages over the US airliners on the lucrative North-Atlantic air routes. Recently, the single European aviation market is expanding by including the Mediterranean and Balkan states to pursue Pan European aviation cooperation and to develop European Common Aviation Area so that it can continuously enhance its negotiating leverage against external markets. The results imply that it is urgent for the Northeast Asian countries to create their own regional aviation bloc to develop their aviation industry and to increase their negotiating power against external countries.