Increasingly, governments everywhere are backing away from their earlier micromanagement of international aviation, allowing carriers to tap market opportunities wherever they can be found and with far more ease and responsiveness. Accordingly, the industry will inevitably generate new paradigms of competitive market behaviour. This timely book presents the fresh thinking needed on an appropriate legal and policy architecture to govern the industry in the decades ahead. It continues the pursuit of the topic considered in the author’s earlier work In Search of Open Skies: the contours of a legal regime that should govern international scheduled air passenger (and relatedly, air cargo) transport.

Beyond Open Skies offers a systematic comparative analysis of the legal and policy dimensions of airline deregulation by federal fiat in the United States and by supranational collaboration in the European Union. The book draws upon a variety of sources, including very recent developments in U.S. and EC international aviation law, policy, and diplomacy, to propose a genuine multilateral air transport system. It examines the potential of the ‘open skies’ initiative, in the aftermath of the new U.S./EC air transport agreement, to inspire a genuine globalization of the world’s air transport industry in such crucial aspects as the following:

; • cabotage;

• ownership and citizenship requirements;

• route selection;

• airline identity;

• capacity;

• pricing regimes;

• competition and public aid;

• regulatory harmonization;

• labor laws;

• provisions for charter and/or cargo transportation;

• fair operation of and access to computer reservations systems;

• authorization of code-sharing arrangements;

• alliances and antitrust immunity;

• and dispute resolution.

A very special feature of the book is its wealth of hard-to-find but vital scholarship and source material, never before collected so conveniently in one place, furnishing a rich and satisfying context that will enable readers to understand better the forces at work during these momentous realignments among carriers, regulators, and markets.

Recognizing that the current global air transport regulatory system is inadequate to the commercial demands of the modern industry, the author shows clearly that the imperatives for its reform transcend domestic debates about incremental public intervention in the business of providing air transport. The book’s in-depth analysis of how the law and policy of U.S. and EC airline deregulation can be integrated into the framework for a second-stage U.S./EC air transport agreement builds upon the efforts of government officials, industry stakeholders, and academic commentators who have encouraged a progressive liberalization of air transport. Beyond Open Skies is sure to take its place as the most comprehensive and valuable reference that exists on the complex diplomacy currently defining the future of international aviation.

Brian F. Havel is a distinguished research professor of law, director of the International & Comparative Law Program, and director of the International Aviation Law Institute. From 2011 through 2013, Professor Havel was the Keeley Visiting Fellow at the University of Oxford, Wadham College. Professor Havel holds master’s degrees in law from University College Dublin and Columbia University Law School, as well as a master’s degree in languages and linguistics from Trinity College Dublin and a doctoral degree in international and comparative law from Columbia. He was the Wien Fellow in International and Comparative Law at Columbia and received the inaugural Outstanding Achievement Award of the Parker School of International and Comparative Law at Columbia for his work on international air transport deregulation. Before joining the DePaul faculty in 1994, he practiced transnational corporate and antitrust litigation at Paul Weiss Rifkind Wharton & Garrison in New York City.

Professor Havel's publications have an interdisciplinary focus and include Beyond Open Skies: A New Regime for International Aviation (Kluwer, 2009), a follow-up to his 1997 book, In Search of Open Skies: Law and Policy for a New Era in International Aviation (Kluwer 1997), as well as a number of law review studies including “The Constitution in an Era of Supranational Adjudication” (North Carolina Law Review 2000), “In Search of a Theory of Public Memory: The State, the Individual, and Marcel Proust” (Indiana Law Journal 2005), and “The Emerging Lex Aviatica” (Georgetown Journal of International Law 2011). His biography of his father, Miroslav Havel, late chief designer of Waterford Crystal, was published in Europe in 2006. He is editor in chief of the College of Law’s Issues in Aviation Law & Policy and is a member of the panel of contributing advisors to Kluwer Law’s Air and Space Law.

Professor Havel is a past chair of the Global Transport and Tourism Governors Meeting at the World Economic Forum in Davos, Switzerland, a continuing member of the forum’s Aviation, Travel and Tourism Council, and has addressed air transport conferences and symposia throughout the world. He was elected to the board of the European Air Law Association in 2005 and to the external board of governors at the International Institute of Air and Space Law at Leiden in 2007. He also was the Fulbright Visiting Professor of Comparative Law and Legal Pluralism for 2007-2008 at McGill University’s Institute of Air and Space Law.

Education

BCL, LLM, Dip. Eur. L., National University of Ireland; B. Mod., MA, University of Dublin; LLM, JSD, Columbia University; Barrister-at-Law (King's Inns, Dublin)

Courses Taught

◾International Aviation Law

◾International Intellectual Property Law & Policy

◾International Trade Law

◾Law of the European Union

◾Transnational Investment Law