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Northwestern Journal of International Law & Business

Aviation

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Full-Text Articles in Law

"Open Skies" At A Crossroads: How The United States And European Union Should Use The Ecj Transport Cases To Reconstruct The Transatlantic Aviation Regime, Jacob A. Warden Jan 2003

"Open Skies" At A Crossroads: How The United States And European Union Should Use The Ecj Transport Cases To Reconstruct The Transatlantic Aviation Regime, Jacob A. Warden

Northwestern Journal of International Law & Business

Since the creation of the modern international aviation regime, at the 1944 Chicago Conference, the United States has used this power and prestige to create a system much to its liking. However, the recent decision of the Court of Justice of the European Communities ("ECJ") in the Transport Cases threatens to change this. The Transport Cases, brought by the European Commission ("Commission") in an attempt to achieve exclusive authority to negotiate commercial aviation agreements for the collective European Union, partially struck down several bilateral aviation treaties signed between several of the Member States and the United States. The Commission, recognizing …


Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel Jan 2001

Consequences Of E.U. Airline Deregulation In The Context Of The Global Aviation Market, Moritz Ferdinand Scharpenseel

Northwestern Journal of International Law & Business

The objective of this article is to show the background of the airline liberalization process in the E.U. and to evaluate its economic effects in context of the global aviation market. To understand the pressures for change and the forms that the changes are taking, it is first necessary to ap-preciate why market regulation was thought important and how the U.S. de-regulated its airline industry. Therefore, Section II of this paper will analyze the different market structures in the U.S. and the E.U. In Section III, the discussion will continue with a consideration of the effects of U.S. airline deregulation. …