This thesis discusses the background, contents and airpolitical consequences of the so-called 'Horizontal Agreements ("HA"),' concluded by the European Union ("EU") with third countries to give effect to the European Court of Justice's ("Court"/"ECJ") decision of November 2002 in the 'Open Skies' cases brought by the European Commission ("EC"/"Commission") against certain EU Member States. / The Court's decision outlaws the nationality or 'ownership and control' clause in the bilateral ('Open Skies') agreements concluded with the United States by those Member States. As this clause is a standard provision in all bilateral air services agreements, the Court's decision actually obliges the Member States to amend those agreements and replace the said clauses by provisions which do not discriminate on the basis of nationality. / The Member States have in the meantime mandated the Commission to engage in such negotiations on their behalf on the basis of a jointly developed Model Horizontal Agreement ("MHA"), containing a non-discriminatory so-called Community clause and some other provisions on matters within the exclusive competence of the Community. / This research thus examines the legal and airpolitical implications of these Horizontal Agreements, which the Commission has concluded in the meantime and continues to propose to third countries. In this connection, attention is given to the scenario of the anticipated Horizontal Agreement negotiations between the EU and the Republic of Korea.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.99148 |
| Date | January 2005 |
| Creators | Oh, Julianne Sang-Eun. |
| 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 | © Julianne Sang-Eun Oh, 2005 |
| Relation | alephsysno: 002509924, proquestno: AAIMR25050, Theses scanned by UMI/ProQuest. |
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