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

Canada and the United States are noted for their alternative attitudes toward authority and law. While the United States is more self-centered, who values independence and achievements of one’s self, Canada depends on

1 This essay will assess how globalisation has impacted on the airline industry using British Airways as an example to illustrate this change had on the industry as a whole. This essay will attempt to show how the airline industry and British Airways in particular coped with thesee change and how neoliberalism thinking allowed and supported this fundamental change to happen.

The sector employs more than 3 million people. Prior to the 1990’s, the air transport industry in Europe had been traditionally highly regulated and dominated by national carriers and state owned airports. Since then a single market for aviation has been created. The single market has seen the removal of all commercial restrictions for airlines flying within Europe. These include restrictions on routes, number of flights and the setting of prices.

The United States Airline Deregulation Act of 1978 was a dramatic turning point in America. It was the first systematic dismantling of a comprehensive system of government control since the Supreme Court declared the National Recovery Act unconstitutional in 1935. It was also part of a broader movement that, with varying degrees of thoroughness, transformed such industries as trucking, railroads, buses, cable television, stock exchange brokerage, oil and gas, telecommunications, financial markets, and even local electric and gas utilities. Since the Airline Deregulation Act of 1978, the airline industry has experienced significant growth,

Understanding what it means to be “free” and determining whether Canada is indeed a “free’ country we can compare Brian Tamanaha’s four themes of liberty from “On the Rule of Law” to see if Canada shares similarities with that of what Tamanaha speaks of. In “On the Rule of Law” Tamanaha refers to the four themes of liberty, being political liberty, legal liberty, personal liberty, and institutionalized perversion of liberty, which he notes as characteristics of beneficial sacrifices that we give up as “free” individuals for personal security and social order. Living under laws can limit the full extent of freedom that we may have as people, but it can also be noted, that with no laws we are potentially a danger to ourselves and others. In modern society, primarily democratic societies, having no laws is simply not a reality so when we do give up our freedom, this exchange for stability must be beneficial to us and not an agreement to live under state oppression. Observing the way Canada is formed and while we are not entirely “free” living under Canadian laws, however, due to the country’s incentives taken to ensure that our basic liberties are secured it be seen that citizens indeed benefit from the sacrifices they make limiting their freedom, yet still being “free” to a certain degree. 1

Many people believe The Charter of Rights and Freedoms, founded by Pierre Elliott Trudeau benefited and became the base for our country’s foundation. It is believed by many, that the Charter created individual rights and freedom. However, while all this may be true, I will argue that the Charter of Rights and Freedoms negatively impacted Canada, and that Canadians are still feeling these effects today. I will also examine the Charter did more harm to Canadians than good. The Charter Rights and Freedoms affected the operation of trials along with judiciary powers, multiculturalism and provincial rights, which undermined Canadas intended democracy and de-centralized government.

This is an often overlooked freedom because one may forget that this freedom is not a freedom that every individual has. Specifically in many third or second world countries, people are eradicated because of their opinions or request for freedom and reform. Something as simple as civil disobedience has severe consequences in these countries. On the other hand, in Canada there are little to no consequences for civil disobedience or requesting the government to change their decision. Furthermore, in a sense the government allows pressure groups to be formed, and non-government-organizations to help other’s lives.

Since its inception in 1982 the Canadian Charter of Rights and Freedoms, very much like its primary architect Pierre Trudeau, has been one of the most celebrated yet controversial elements of Canadian politics and governance. Revealing how this dynamic emerged requires a nuanced understanding of the motivation behind the Charter and the techniques it employed to succeed. The Canadian Charter of Rights and Freedoms, like the entire patriation process, was motivated by and mobilized support through, constitutionally enshrining democratic core values, multiculturalism and a sense of nationalism. However, it should not be seen as merely a symbolic gesture on the part of Britain and Canada or merely a strengthening of core values. Instead it was a fundamental reinvention of Canadian federalism that shifted power away from the provinces to the federal government and from the Parliament to the courts. This was accomplished by incentivizing provincial acceptance, developing common interests, and, as a result, formalizing a national identity where the protection and expansion of core values was encouraged as fundamental. This dynamic allowed the reinvention to, by and large, succeed.

Former Prime Minister Trudeau cleverly disguised the Canadian Charter of Rights and Freedoms as a heroic constitutional amendment providing universal individual and minority rights, in order to effectively cloak the embedded attack on Quebec-Nationalism, through the Charter of Rights and Freedoms assimilative properties. Further, The Charter of Rights and Freedoms lacked recognition and consideration in regard to Quebec’s expressed dissatisfaction with the current state of federalism in Canada. The issues were the absence of recognition for Quebec as a distinct society within Canada, the consolidation and centralization of greater power to the federal government, and the lessening of powers held by the provincial government. Trudeau Sr.’s personal disdain for Quebec nationalism and his attempts to extinguish it, caused him to overlook the reality of Quebec 's political culture, and the impossibility of transforming a society through change to the constitution. Following Trudeau’s attempts at constitutional reform in Canada, former Prime Minister Brian Mulroney’s Progressive Conservatives would attempt reconciliation to mend Quebec Canada relations. Ultimately ending in failure leading to greater French unrest in Canada. This essay will demonstrate the impact of the Canadian Charter of Rights and Freedoms, as a falsely conceived strategy to remediate Quebec-Canada (French-English) relations, and scale the damage to the

The roles and responsibilities of GCAA and international (ICAO, EASA, FAA) regulatory authorities and their interrelationships.

A drop in fares has been the best result of the Airline Deregulation Act of 1978. It has been the impetus for the increase in the number of flights, which in turn has spurred a drive for greater safety in airlines. But with the current airline market, this development has given us one negative. Since ticket prices have dropped to new lows, the realities of an industry which operates on such economies of scale dictates that only a few competitors have the capacity to operate within the market. This is not the desired effect of either political side on this issue, but it is an economic necessity with the environment that has been created, very similar to that of public utilities and phone companies.

Operations in international and/or foreign countries will create significant operational challenges. Differences in governing laws and regulations for the airlines industry, business, and employee relations will become challenging. Interpretation and intent for various laws can and will provide ambiguity that must be dealt with. Research shows that various international airlines continue to be plagued by high costs and poor service (Ramamurti & Sarathy, 2007).

The report is designed to understand the working practices of the two government bodies in the field of aviation i.e. US Federal Aviation Administration and General Civil Aviation Authority. The two authorities have a sole responsibility for the control and regulation of civil aviation in their respective countries. The report will discuss the operations specification similarity as well as contrast between the two bodies along with a brief understanding of their functions and procedure. The study will analyze the difference and reasons to those, along with that some recommendation will be suggested to improve those regulations.

Airline industry is a growing and a challenging industry across the globe and it is becoming more competitive on quality, pricing and most prominently safety in the contemporary world.

Literature reveals that the globalisation of the airline industry has resulted in easier accessibility across international borders. This has greatly benefited the tourism industries economic sector with a rise of foreign tourists and an increase in global competition (Dwyer, 2015). However the negative effects on the environment are vast with climate change has become a global problem. A swish study proved that out of the countries examined, 50-85% of tourism based emissions are as a result of air transport and therefore if the tourism industry is to reduce emissions, it can only be achieved through a major decrease in these environmentally destructive emissions caused by aviation (Perch-Nielsen et al, 2010).