Dobidovs'ka Y. Legal aspects of the liberalization of the international air transports.

The dissertation is devoted to the research of the legal aspects of the liberalization of the international air transports. The first chapter deals with the legal aspects of the freedoms of the air and their contents. The legal analysis of the Paris Convention of 1919, Ibero-American Convention of 1926, Pan American Convention of 1928, Bucharest Convention of 1936 and Zeman Agreement of 1937 was conducted. It shall be stressed, that the principle of the state sovereignty in its air space remained as well dominant after the Second World War. The provisions dealing with exchange of commercial rights were envisaged in the following treaties: International air services agreement of 1944 and International air transport agreement of 1944. At this stage all commercial rights are divided into 4 groups: subsidiary freedoms of the air (so-called first and second freedoms of the air); fundamental freedoms of the air (so-called third and fourth freedoms), derivative freedoms of the air (so-called fifth, sixth andseventh freedoms) and additional (eighth and ninth freedoms). The content of these commercial rights determines their place in the liberalization of the international air transport because such rights are the main element of the market access of international air transportation. he second chapter deals with legal aspects of the liberalization in the field of air transport as well as current legal mechanisms of the liberalization of the international air transport. At this stage the liberalization as a question of general policy was adopted by many countries, but most of these states apply the liberalization on the random or restricted basis. Bilateral agreements are the main means of the liberalization of the international air transport for most of the countries. The range of such agreements is the following: from open-sky agreements to traditional agreements which envisage the control of the market access and capacity. The detailed legal analysis of current regional and sub-regional mechanisms of multilateral regulation aimed at the development of cooperation and liberalization of the international air transport among member-states (EU, Andean Pact, CLMV agreement, MALIAT, Yamoussukro decision, PIASA, which envisage complete market access) was provided in the research. The third chapter is dedicated to the legal analysis of the international air transport between Ukraine and other countries. Only several of the bilateral agreements signed by Ukraine have the liberalization provisions dealing with multiple designations of air carriers. Concerning exchange of the commercial rights Ukrainian position is the following - to grant the first four freedoms of the air. Only at this stage Ukraine begins to change its bilateral agreements by means of random liberalization of the current agreements. In several years the issue dealing with more flexible market access of the air transport will be critical. Therefore, it is necessary to develop the certain legal model of the regulation the above-mentioned processes and to choose our own approach to the liberalization of air transport. In conclusions the results of the dissertation which characterize the current situation in international air transport as well as possible development of the grant of the commercial rights at the multilateral, regional, sub regional and bilateral level are generalized.