Article
Portents of Change: U.S./EU Open Skies and a Bold U.S. Initiative
Issues in Aviation Law and Policy
(2008)
Abstract
In this article (Paragraph No. 25,381) the author was responding to presentations by Ludolf van Hasselt and Paul Gretch. Van Hasselt and Gretch, respectively, outlined the framework of the proposed United States (U.S.)/European Union (EU) open skies agreement currently under negotiation, and the Notice of Proposed Rulemaking (NPRM) initiated by the Department of Transportation (DOT) to relax the criteria by which foreign control over U.S. airlines is assed in the Department’s financial reviews. The author emphasizes that neither the U.S./EU open skies agreement nor the DOT’s NPRM on “actual control” of U.S. air carriers will abolish the citizenship priority test for ownership and control of airlines but are significant incremental steps toward this objective. The author believes that the NPRM ultimately will withstand judicial challenge. Furthermore, the author argues that the DOT could strengthen its proposed explicitly providing that the subjective “actual control” factors previously considered by the DOT in citizenship proceedings will not be applied in the future. In conclusion, the author contends that the idea of a “right of establishment” that would de-link an airline’s commercial and regulatory nationally is a compelling but not underappreciated alternative to the current proposal.
Disciplines
Publication Date
2008
Citation Information
Brian F. Havel, Portents of Change: U.S./EU Open Skies and a Bold U.S. Initiative, 2004 Issues Aviation L. & Pol'y 13211, 13224 (2004-2008)