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A Substantive and Procedural Critique of the U.S. Open Skies Policy

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Chapter Summary

This chapter discusses the complacency that now threatens to freeze future initiatives in United States (U.S)./European Union (EU) air transport relations. It has presented some key proposals that would form part of a "beyond open skies" agenda, notably including the scrapping of controls on inward investment in U.S. airlines. The procedural critique has addressed an understudied phenomenon of the U.S. air services negotiating process, namely, its reliance on certain kinds of executive agreement. The chapter argues that U.S. reliance on these constitutionally anomalous categories of "treaty" for air services agreements is not only at risk of becoming legally problematical, it is also unlikely to yield breakthrough concessions for a fully liberalized global marketplace. If the U.S. is to move beyond open skies, its negotiators will need not only a radical agenda but also the steady nerves to engage in an unprecedented rapprochement with the U.S. Congress.

Keywords: European Union (EU) air transport relations; fully liberalized global marketplace; U.S. air transport relations; U.S. Congress; U.S. internationalaviation policy



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