Globalization, Liberalization and Privatization of Aviation Industry: Emerging Legal Issues

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Project Title: “Globalization, Liberalization and Privatization of Aviation Industry: Emerging Legal issues.”



* Globalization of Aviation Regulations
* Liberalization of Aviation IndustrY
* Privatization of Aviation Industry

Globalization of Aviation Regulations:

With the advent of ‘Globalization’, a term generally interpreted as a positive thing, it is likely that those with more to lose will indeed lose more than those with nothing to lose. As aviation procedures are ‘harmonized’ by regulators in their effort to attain a world-wide standard, it is always easier to achieve consensus by lessening expectations and associated freedoms.

To understand what is currently happening to aviation in Canada it is interesting to speculate on the effect foreign cultures are having and will continue to have on Canada’s owners and pilots.

ICAO and other parts of the world have come to the conclusion that there are in fact three basic cultures in the world as regards aviation. The choice of three may at first appear to be an over-simplification, but think about it. These conceptual models can be summarized and in their essence their perspective is:

* Model 1): People are not permitted to fly;
* Model 2): Everyone is permitted to fly;
* Model 3): If we have enough rules, then people may fly.

Model 1 is found in the majority of the world, particularly in dictatorial, dogmatic or paternalistic cultures. Leaders in these cultures generally discourage that people communicate – be it by good roads, good telephone system, permitting ham radio, television (electric power), free print media, or travel by air. The argument that there is no flying in such countries due to economics does not wash because these countries always have a segment of their population that can afford flight, and furthermore, in these same countries even ultra lights often are not permitted. At ICAO that the most constrictive proposals against aviation tend to come from States which do not have a healthy General Aviation industry. “Of course you may not fly.”

Model 2 is operational here in North America. Our young history is one of freedom and of individualism. We are prone to accept, and to be responsible for, our own individual state and actions. Traditionally we tend not to point first to the law when trying to decide if we may or may not carry out a reasonable activity. As well, we have had a pragmatic need for our aviation activity. The result has been that we have enjoyed significant liberties in our aviation activities, not found elsewhere, and looked upon with some envy by most others. “Everyone has the right to fly.”

Model 3 is in general use throughout Europe. As are their forests and landscape, their airspace and its operating procedures are cultivated, organized and enforced in great detail. An example is that of Germany where you may not fly to or from an airport which is unattended. The airport manager must be present. Another example is that of a national authority closing all General Aviation airports in order to assure the public’s security during a major international event. This is a case of security at any price. Such decisions to close down all General Aviation during major events have in fact been taken without proper justification, without prior risk analysis. Such a broad brush approach appears to North American eyes to be the expedient way out for officials charged with ensuring national security. Such an approach, no matter how well intentioned, is not sustainable – not for airlines nor for General Aviation. Further, there are those European States who typically have not accepted American STCs, even on American-produced aircraft. Instead, the Europeans demand the generation of their...
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