The following thesis deals with the distribution of air traffic rights. Particular reference is made to the situation in the European Union and the changes that might occur in the aftermath of the "open-skies" decision of the European Court of Justice in November 2002. / One major part of the thesis generally analyses different means of distributing limited public right, in order to determine an appropriate method for the allocation of air traffic rights. After a comparison with the telecommunication sector, it is concluded that the most appropriate approach is to conduct a Beauty Contest in the form of a Documentary Hearing. It is suggested that airlines submit their proposals and the regulatory agencies make their choice based on certain criteria. / Subsequently, a glance is taken at the methods for allocating air traffic rights that are currently applied in several countries. It can be seen that all these countries have chosen the same approach, a Beauty Contest, and that they all are facing the same difficulties, which are inconsistency and ambiguity of the distribution procedure. / Furthermore, a short evaluation, whether the General Agreement on Trade in Services has an impact on the allocation of air traffic rights, is undertaken. However, this is denied. / Based on the previous results an own proposal is presented, how air traffic rights could be distributed in a Beauty Contest, while avoiding most of the difficulties encountered by other countries. This proposal concentrates on the situation in the European Union, but could be also applied in other countries.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.82653 |
| Date | January 2004 |
| Creators | Bartlik, Martin |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Air and Space Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 002208993, proquestno: AAIMR12667, Theses scanned by UMI/ProQuest. |
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