Aviation Law and Policy in Asia

Smart Regulation in Liberalized Markets

Editor: Jae Woon Lee
Aviation Law and Policy in Asia: Smart Regulation in Liberalised Markets examines the evolution of aviation law and policy in selected Asian jurisdictions and analyses the dynamic regulatory challenges that each jurisdiction faces. Prominent aviation law and policy experts in Asia analyse topics such as air transport liberalisation, the regulation of air operator certificates, legal issues about pilot strikes, traffic rights allocation, legal challenges arising from new types of aircraft, ticket pricing regulation, air services agreements, airport competitiveness and aircraft financing. The case studies and recommendations presented in this book both enrich theoretical debates and serve as a roadmap for understanding aviation law and policy in Asia.

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Jae Woon Lee is Assistant Professor in the Faculty of Law at the Chinese University of Hong Kong (CUHK) with degrees from McGill University (LLM) and National University of Singapore (PhD).
Preface
List of Figures and Tables
Notes on Contributors

PART 1
Northeast Asia

1 Dynamic Stewardship of Air Transport Market Liberalization in Japan
   Katsuhiro Yamaguchi

2 Should the Government Control the Number of Airlines in Korea?
   Jae Woon Lee

3 China’s Air Transport Policymaking: Policy Objectives, Institutions and Airlines’ Political Activity
   Chrystal Zhang

4 China’s New Administrative Measures on International Traffic Rights Allocation Together with the Dual- Airport Operation Policy in Beijing
   Pai Zheng

5 China’s Industrial Policies for Commercial Civil Aviation Manufacturing and Implications for the Global Trading System
   Juan He

6 Conflicts between Aviation and Labor Laws/Regulations in Taiwan
   Mickey (Jialing) Shan

7 Hong Kong Airport’s Competitiveness as an International Hub
   Andrew Yuen, Kan Tsui, and Michael Fung

8 Enhancing Hong Kong’s Attractiveness as a New Global Aircraft Leasing Hub in Asia
   Victor S. Chan

PART 2
Southeast Asia

9 Removing Air Transportation from the Scope of ‘Public Utility’ in the Philippine Constitution: A Panacea for Liberalisation?
   Michelle Dy

10 Development of Vietnam’s Aviation Law: Airlines’ Influence in the Legislative Process
   Nguyen Van Tuan and Duong Tri Thanh

11 Impact on Thai Airways of Air Transport Liberalisation in Thailand
   Navatasn Kongsamutr

12 Ownership and Control of Thai Airlines: Liberal Spirit in the Cloak of Nationalism
   Lalin Kovudhikulrungsri and Prasert Pompongsuk

13 The Indonesian Aviation Sector in the Realm of Liberalisation: The Long and Winding Road
   Ridha Aditya Nugraha

14 Integrating ASEAN Through Liberalisation of Investment in the Aviation Sector
   Sufian Jusoh and Haris Zuan

15 The New ASEAN-E.U. Comprehensive Air Transport Agreement (CATA)
   Alan Khee-Jin Tan

PART 3
South Asia

16 Indian Aviation Policy on Market Access: Is It a Case of Missing the Woods for the Trees?
   Rajesh Singh

17 Civil Aviation Industry in Sri Lanka: Challenges and Solutions
   Anusha Wickramasinghe

18 Concluding Remarks and Smart Regulation in the Post COVID-19 Era
Jae Woon Lee

Index

Aviation lawyer, policy maker, government regulator, academic teacher, researcher of aviation law and policy, scholars of international economic law, transnational law, global governance and international relations