BILATERAL AGREEMENTS AND AVIATION MARKET EVOLUTION: STATE OF PLAY

Liberalisation is one of the main drivers of the continuous growth of air traffic, market expansion and capital access for air transport. The continued growth of air transport services leads to competitive challenges for most traditional airlines, which are currently facing new players from Asia and the Middle East. This development of the air transport market inevitably leads to tackle old unresolved issues due to the international regulatory framework being unable to keep up with the rapid growth of the sector and make it really global. Among these, the nationality clause and its market access restrictions have characterised, and continue to affect, the Air Service Agreements. In light of the current international air framework regulation — incapable of promoting a level playing field — it should be examined whether a solution for the implementation of ‘smart regulation’ can be found by ICAO, or by the World Trade Organization, or at regional level, on the initiative of individual states or organisations.