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    Volume 32, Number 1

     

    International Law

    Coercive Diplomacy in the Skies

    Marcelo L. Garcia and Roncevert G. Almond

    The world is experiencing a gradual yet decisive shift toward a new paradigm in international relations—one that is based on muscular sovereignty and assertive nationalism. International trade is increasingly subject to geopolitics. In the realm of international air transport, this shift has come in the form of coercive diplomacy involving civil aviation. From conflicts in the Crimean peninsula to the Taiwan Strait, this growing state practice has been referred to as the “weaponization of airspace.” At issue is whether such actions are consistent with state obligations under the Convention on International Civil Aviation (Chicago Convention).

    Features

    Antitrust

    Alliances and Antitrust Immunity: Why Domestic Airline Competition Matters

    Diana L. Moss

    The debate over competition in the U.S. airline industry in recent years has focused largely on developments in domestic airline markets, ranging from mergers, access to airports (e.g., slots), alleged anticompetitive coordination on airline capacity and ancillary fees, and concerns over deteriorating quality of air service. Airline competition in international markets, however, also raises concerns and merits scrutiny. Chief among these concerns is the U.S. Department of Transportation’s (DOT’s) policy of granting immunity from U.S. antitrust laws (ATI) for coordination on schedules and fares by members of the three large international airline alliances: Star Alliance, oneworld, and SkyTeam. A second issue of concern is barriers to entry by foreign carriers on international routes serving U.S. destinations. U.S. legacy carriers have opposed such entry while simultaneously expanding their stakes in foreign carriers, perhaps to gain control over decisions to enter U.S. markets.

    Columns

    Air & Space

    Chair’s Message

    Andrea J. Brantner

    Greetings as we close out the first quarter of 2019. It was a rocky start, with a government shutdown that had adverse impacts on everyone, but certainly on aviation on many levels. While a second shutdown was averted, the damage from the first will take a long time to heal. We had a successful Washington Update Conference in February, made more challenging by the government shutdown, but the planning committee worked hard and was able to field great panels and speakers, as always