1、Doc 9626 Corrigendum (English only) 12/8/05 MANUAL ON THE REGULATION OF INTERNATIONAL AIR TRANSPORT CORRIGENDUM To incorporate this corrigendum: a) b) replace existing page 2.2-3 of Part 2, Chapter 2.2, with the attached new page dated 12 August 2005; record the entry of this amendment on page (ii).
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18、publications and audio-visual training aids currently available. Monthly supplements announce new publications and audio-visual training aids, amendments, supplements, reprints, etc. Available free from the Document Sales Unit, ICAO. Copyright International Civil Aviation Organization Provided by IH
19、S under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-Doc 9626 Manual on the Regulation of International Air Transport Approved by the Secretary General and published under his authority Second Edition - 2004 I n te r n at i on a I C ivi I Av i a
20、t i o n O rg a n iza t i o n Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-AMENDMENTS No. The issue of amendments is announced regularly in the ICAO Journal and in the mont
21、hly Supplement to the Catalogue of ICAO Publications and Audio-visual Training Aids, which holders of this publication should consult. The space below is provided to keep a record of such amendments. Date Date Entered applicable entered by RECORD OF AMENDMENTS AND CORRIGENDA No. AMENDMENTS . I of is
22、sue entered by CORRIGENDA I I Date 1 Date 1 Entered I I l l Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-FOREWORD The main purpose of this Manual on the Regulation of Inte
23、r- national Air Transport is to meet an ever-increasing need for a comprehensive and objective source of information about the many facets ofthis dynamic activity. This need was fore- seen by the ICAO Assembly which, by Resolution A24-11, directed the preparation and publication of this manual. The
24、need for and expected usefulness of this manual is not confined to any particular State or category of States, whether small or large, whether least developed, developing, or having developed economies. Rather, it was prepared to meet the needs of all ICAO Contracting States. The air transport autho
25、rities of these States may well become the most frequent users of this manual. Yet many others in these States may also find it very useful. Inter- national air transport evokes considerable interest of many people: those associated with airlines; airports and communities seeking new air services; u
26、sers of air transport; air carrier labour; aircraft manufacturers; certain inter- national organizations; people involved with aviation financing, tourism development and trade; people in academia and the communications media; and, at times, members of the general public as well. This manual is inte
27、nded to also meet the needs of and be useful to these broader constituencies within ICAO Contracting States and, in so doing, to increase its value to air transport authorities who interact with such constituencies. BASIC COMPOSITION OF THE MANUAL As international air transport developed and became
28、more complex over the past half century, so too has its regulation. Also, much new terminology evolved, often without widely accepted definitions (or with conflicting ones) and some- times with more than one term applied to the same subject. Thus the approach taken in the preparation of this manual
29、has been to provide clear and adequate explanations and guidance in a well ordered context. Each relatively short chapter is, in effect, a narrative composed largely of a series of definitions and explanations in a logical order of presen- tation derived from the topic itself. Regulation is the givi
30、ng of authoritative direction to bring about and maintain a desired degree of ordel: All regulation involves regulatory process, various patterns of activiw by people interacting to establish and maintain some desired result for the subject or entities being regulated. Similarly, all regulation invo
31、lves regulatory structure, i.e. the organizations or other entities involved and the legal framework (such as licences, regulations and agreements). Finally, all regulation involves regulatory content, the particular subjects being regulated (such as market access, pricing and capacity). I The proce
32、ss and structure of international air transport regulation have three distinct venues - national, bilateral and multilateral; therefore, each venue has been assigned a separate part in this manual, i.e. Parts 1, 2, and 3, respect- ively. Regulatory content topics, which States deal with in all three
33、 venues, are in Part 4. General terminology, i.e. that which is common or supplemental to all parts ofthis manual, forms Part 5. Appendices contain certain reference materials. FUNCTIONS AND SCOPE OF THE MANUAL This manual is designed to be “user friendly” and to serve three distinct functions. Firs
34、t, it can be used as a dictionary of international air transport terms: each term listed in the Index has a definition or an explanation on the page indi- cated. On that page, the term is highlighted in bold italic and its definition or explanation is presented in italics. Second, it can be used as
35、an encyclopedia. Each broad regulatory topic has its own chapter or section of a chapter in the manual, written to compress essential facts into one or a few pages. The Table of Contents assists the reader to determine the location of material on broader topics (e.g. the bilateral regulatory process
36、, traffic rights, etc., each of which may involve many related definitions and explanations). Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or networking permitted without license from IHS-,-,-UV) Manual on the Regulation of
37、International Air Transport Third, this manual as a whole can be useful as a textbook for academic or other educational and training purposes. The scope of the manual is limited to the economic aspects of intemational air transport regulation as distinguished from the technical aspects thereof such
38、as those involving navigation, safety and security. Neverthe- less, these other areas of regulation are not totally separable from economic regulation and can affect such matters as airline licensing, airport access and the structure of agreed routes. Although air transport regulators sometimes also
39、 regulate commercial non-transport operations, such as aerial crop dusting and surveying, as well as non-commercial flying, such as overflight and landing by private, military and State aircraft, both topics are outside the scope of this manual. The term “aviation” is often used incorrectly in lieu
40、of the term “air transport”. While air transport is more specific, referring to those aspects related to the carriage by air (usually commercial air transport), aviation is generic and includes far more topics such as military, state and private flying, aircraft manufacturing, air navigation, non- c
41、ommercial transport and specialq air services. WHAT IS NEW IN THE SECOND EDITION Along with the trend of globalization and liberalization, international air transport has also undergone significant changes in the last ten years. This second edition has been updated and expanded to take account of th
42、e developments in intemational air transport and its regulation since 1996 when the manual was first published. This edition includes many new topics (e.g. State aids, competition laws, airline alliances, franchising, aircraft leasing, passenger rights, and privatization of airports), which are emer
43、ging issues drawing increasing regulatory attention. A number of new air transport terms and definitions have been added, including many that were non- existent when the first edition was published (e.g. mega- alliance, e-commence, B2B, etc.). Additionally, new websites and e-mail addresses (primari
44、ly of air transport- related international organizations and entities) have been added, enabling computer-equipped readers to vastly expand their knowledge base. The updating of established topics, as well as the addition of new information, adds significantly to the manuals value as a user-friendly
45、 tool for those who are interested in knowing more about the regulatory aspects of international air transport. This manual both complements and supplements ICAO Doc 9587 -Policy and Guidance Material on the Economic Regulation of International Air Transport, which is a compendium of all the formal
46、policies and guidance adopted by ICAO in this field (such as Assembly resolutions, Council decisions, and conclusions and recommendations of air transport conferences). Copyright International Civil Aviation Organization Provided by IHS under license with ICAONot for ResaleNo reproduction or network
47、ing permitted without license from IHS-,-,-TABLE Part 1 . NATIONAL FtEGULATION 1.0 Introduction to National Regulation . 1.1 Process of National Regulation . . The Legislative Component . . The Licensing Component The Ad hoc Authorization Component . Comity and Reciprocify . 1.2 Structure of Nationa
48、l Regulation . . The Organizational Component . The Legal Component 1.3 Key Issues of National Regulatory Process and Structure . The Relationship Between Air Transport Regulators and Interested Parties . . The Optimum Location of the Intemational Air Transport Regulatory Function . Part 2 . BILATERAL REGULATION 2.0 Introduction to Bilateral Regulation . . Evolution of the Bilateral Regulation of International Air Services . 2.1 Process of Bilateral Regulation . Initiation of and Preparation for a Formal Bilateral Consultation Cons
