The legal implications of air cabotage

Abstract

This thesis explores the development in the implications of air cabotage from a legal perspective. Chapter 1 presents an introduction to the underlying concept of cabotage by giving a brief account of its origin as well as the definition attributed to it. This Chapter then goes on to review the role that cabotage plays in other spheres of law with particular emphasis on maritime transport. Chapter 2 goes on to discuss the international framework which is the basis of the regulatory aspect of air cabotage, placing particular focus on Article 7 of the Chicago Convention. This Chapter continues to give an explanation of the well-established Freedoms of the Air. The following Chapter brings to focus a comparative analysis of the most influential national legislation in this sphere of law together with the respective agreements concluded by States and their counterparts. The European Union is brought to the fore in the fourth Chapter, in which an overview of the transport regime within the Member States as a bloc is laid down. The Chapter progresses in discussing the relevant, current Regulations with particular reference to Regulation (EC) No 1008/2008, as well as agreements concluded with third parties. Chapter 5 considers the concept of cabotage from a local perspective. The first part of the Chapter addresses air transport law from a wide angle before delving into the elements relating to cabotage, topically that of market access. A factual analysis of cabotage routes between the Maltese islands is then given. The Chapter then concludes by describing the elements of cabotage in relation to its impact on other areas. Finally, the conclusion of this thesis evaluates the current state of affairs taking into consideration the possibility of progress and development in the field of air cabotage law.