국제항공운송서비스시장에 대한 WTO GATS협정의 적용가능성에 관한 연구
Study on the Applicability of WTO GATS to International Air Transport Services
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Perhaps the only similarity between the competition rules of the existing bilateral structure relating to the air services agreement and WTO competition rules is the insistence by both systems on the requirement of fair and equal opportunity. The current bilateral structure of the air services negotiations will remain in force as long as States consider the potential of air traffic that their carriers would have over others, by excluding others from given market segments. This the States can do, not only because of Article 6 of the Chicago Convention, but also by virtue of the underlying principle of sovereignty legally entitling a State to prohibit a carrier from flying into or out of its territory without that State's permission. As the preceding discussion has revealed, the protectionist attitude that pervades commercial air transport is not limited to struggling carriers of developing nations but applies to mega carriers that "protect" what they believe to be a legitimate share of their market. Against this backdrop, the term "market access" can only be used with the word "reciprocity." The status quo in commercial aviation is, therefore, by no means consistent with the competition principles advocated by WTO. The choice of GATS reform of the air transport service system would not only achieve meaningful, substantive reform, but would forever identify air transport service with the regulatory framework likely to govern the course of world trade far into the future. Air transport service system reform through GATS sounds a note of confidence in the WTO, the GATS framework and the principles upon which they are based. Sure to be difficult, contentious reform efforts, if the GATS framework can successfully accommodate the complexities and passions which air transport reform encompasses, it surely can accommodate any subsequent sectoral reform efforts. Air transport reform through GATS demonstrates the vehicle's flexibility, versatility and strength, building confidence in its institutions and the principles upon which it is based. With a success like air transport reform under its belt, GATS and the WTO would surely be seen as the preferred vehicle for regulatory reform for generations to come.
Abstract
Perhaps the only similarity between the competition rules of the existing bilateral structure relating to the air services agreement and WTO competition rules is the insistence by both systems on the requirement of fair and equal opportunity. The current bilateral structure of the air services negotiations will remain in force as long as States consider the potential of air traffic that their carriers would have over others, by excluding others from given market segments. This the States can do, not only because of Article 6 of the Chicago Convention, but also by virtue of the underlying principle of sovereignty legally entitling a State to prohibit a carrier from flying into or out of its territory without that State's permission. As the preceding discussion has revealed, the protectionist attitude that pervades commercial air transport is not limited to struggling carriers of developing nations but applies to mega carriers that "protect" what they believe to be a legitimate share of their market. Against this backdrop, the term "market access" can only be used with the word "reciprocity." The status quo in commercial aviation is, therefore, by no means consistent with the competition principles advocated by WTO. The choice of GATS reform of the air transport service system would not only achieve meaningful, substantive reform, but would forever identify air transport service with the regulatory framework likely to govern the course of world trade far into the future. Air transport service system reform through GATS sounds a note of confidence in the WTO, the GATS framework and the principles upon which they are based. Sure to be difficult, contentious reform efforts, if the GATS framework can successfully accommodate the complexities and passions which air transport reform encompasses, it surely can accommodate any subsequent sectoral reform efforts. Air transport reform through GATS demonstrates the vehicle's flexibility, versatility and strength, building confidence in its institutions and the principles upon which it is based. With a success like air transport reform under its belt, GATS and the WTO would surely be seen as the preferred vehicle for regulatory reform for generations to come.
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