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The Transatlantic Common Aviation Area: Competing Legal Orders and State Self-Interest

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Chapter Summary

This chapter discusses the interaction between the international and the supranational legal order on the basis of the establishment of the Transatlantic Common Aviation Area through the Open Skies Treaty 2007 (hereafter, OST 2007). It uses the battle for the transatlantic aviation market as a means of exploring the processes which determine the eventual effects of multilevel regulation. The chapter discusses the main legal instruments for regulating the aviation services of states. It describes EU policy and the infringement proceedings that can be initiated against Member States that refuse to terminate bilateral Air Service Agreements. The case of OST 2007 shows how the key actors deal with regulations from different levels of governance and the subsequent contradictions and uncertainties. The chapter traces the formation of OST 2007, which the Commission intends to use to realise the aims it hoped to achieve with the infringement procedures.

Keywords:legal order; Open Skies Treaty 2007 (OST 2007); transatlantic aviation



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