Last edited by Yoshicage
Friday, July 24, 2020 | History

5 edition of Law and Policy of Substantial Ownership and Effective Control of Airlines found in the catalog.

Law and Policy of Substantial Ownership and Effective Control of Airlines

Prospects for Change

by Isabelle Lelieur

  • 84 Want to read
  • 15 Currently reading

Published by Ashgate Publishing .
Written in English

    Subjects:
  • Aerospace & air transport industries,
  • International space & aerospace law,
  • Transportation,
  • Foreign ownership,
  • Aviation - General,
  • Aeronautics, Commercial,
  • Airlines,
  • Law and legislation,
  • State supervision

  • The Physical Object
    FormatHardcover
    Number of Pages192
    ID Numbers
    Open LibraryOL7990509M
    ISBN 100754635481
    ISBN 109780754635482

      In big bang FDI reforms ahead of the budget, the government today permitted foreign airlines to invest up to 49 per cent in debt-ridden Air India, and eased norms for investment in single brand retail, construction and power exchanges. The government also relaxed foreign direct investment (FDI) policy for medical devices and audit firms associated with companies receiving overseas funds. Substantial ownership and effective control of Air India will have to remain in the hands of Indian nationals after the divestment. The change brings Air India in line with investment rules for other airlines, in which % FDI is permitted under the automatic route for NRIs.

    Airline Ownership and Control: A Corporate Governance Perspective. Most countries require substantial domestic equity ownership of designated national airlines, yet changes in international capital markets have significantly altered the way control rights associated with equity are by:   Divestment process for Air India subsidiary likely to begin in 10 days Investment norms or the issue of Substantial Ownership and Effective Control remains in India as stipulated by Indian law.

    Allowing percent investment by NRIs in the carrier would also not be in violation of Substantial Ownership and Effective Control norms. NRI investments would be treated as domestic investments. Under the SOEC framework, which is followed in the aviation industry globally, a carrier that flies overseas from a particular country should be. Airline Passenger Rights: The Federal Role in Aviation Consumer Protection Congressional Research Service 1 Introduction The deregulation of the airline industry in the United States in eliminated governmental control over most business practices of airlines. File Size: KB.


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Law and Policy of Substantial Ownership and Effective Control of Airlines by Isabelle Lelieur Download PDF EPUB FB2

The principle of airline substantial ownership and effective control is one of the biggest impediments to the air transport industry growth. Legitimately included in the bilateral agreements since for national security reasons, States have maintained the principle over the years and used it as a protectionist tool, as well as a bargaining by: 7.

The principle of airline substantial ownership and effective control is one of the biggest impediments to the air transport industry growth. Legitimately included in the bilateral agreements since for national security reasons, States have maintained the principle over the years and used it as a protectionist tool, as well as a bargaining chip.

The other agreement, signed on 1 Maywhich deals with the ownership and control principle of designated airlines is the APEC Agreement: more than simply a regional agreement, the APEC Agreement is a plurilateral agreementY The Agreement retains the traditional requirement that an airline be 'effectively controlled' by nationals of the country, the government of which designates the.

Law and Policy of Substantial Ownership and Effective Control of Airlines: Prospects for Change by Lelieur, I and a great selection of related books, art and collectibles available now at Qualifying Offers Law And Policy Of Substantial Ownership And Effective Control Of Airlines Prospects For Changethe Principle Of Airline Substantial Ownership And Effective Control Is One Of The Biggest Impediments To The Air Transport Industry Growth Legitimately Included In The Bilateral Agreements Since.

SUBSTANTIAL OWNERSHIP AND EFFECTIVE CONTROL OF INTER­NA­TIONAL AIRLINES: THE NETHERLANDS Post-war international civil aviation policy and the law of the air, The Hague: Martinus Nijhoff, 2 nd edition George Middeldorp, Substantial Ownership and Effective Control of International Airlines: The Netherlands, vol ELECTRONIC JOURNAL OF.

Surprisingly, the latest route licence for one of the airlines contains a more specific provision in this respect: `For the operation of routes, which are not covered by EC Regulation /92, it is required that the ownership and effective control of Martinair Holland N.V.

remains in Dutch hands'. This policy goes along with the implementation of cabotage principle which has the strong relationsa hip to the substantial ownership and effective control principle. For foreign air carrier designation – For a long time, Indonesia required ubstantial s.

the substantial capital of an enterprise be vested in Ecuadorians. The Principles of Aeronautical Policy in force state that the aeronautical authority shall establish the conditions for ensuring that substantial ownership of the capital of and effective control of airlines be vested in nationals from said airlines.

These conditions have. There are two elements to ownership and control rules. As their name suggests, ownership and control (O&C) restrictions have two elements. The first, which is easier to define and monitor, involves placing explicit numerical limits on foreign nationals' ownership of the voting equity share capital of airlines.

Law and Policy of Substantial Ownership and Effective Control of Airlines: Prospects for Change: Lelieur, Isabelle: Books - Law and Policy of Substantial Ownership and Effective Control of Airlines: Prospects for Change. Florence: Taylor and Francis, © Material Type: Document, Internet resource: Document Type: Internet Resource, Computer File: All Authors / Contributors: Isabelle Lelieur.

The principle of airline substantial ownership and effective control is one of the biggest impediments to the air transport industry growth. Legitimately included in the bilateral agreements since for national security reasons, States have ma. For instance, Canada and the US limit foreign investments in national airlines to 25% (voting rights) of ownership and effective control, with strict requirements on the effective control.

Mexico have recently raised the cap for foreign investments to 49%. China limits it at 35% and Brazil at. substantial ownership and effective control of that airline are vested in the Government of the Republic of India or its nationals; (ii) in the case of the Government of the Republic of India, in any case where it is not satisfied that that airline is incorporated and has its.

The first point is that in certain circumstances, a foreign airline can attain effective control over an airline with significantly less than a majority of its voting equity and despite the existence of laws limiting foreign ownership, which in Canada's case have been described as Cited by: Airlines are constrained by the ownership and control rules contained in nearly all bilateral Air Services Agreements.

This paper aims to provide details of the ways in which ownership rules around the world have evolved and how governments and carriers have responded to these by: ership and control of airlines in a historical context. Section II pro-vides the background for the discussion, which is followed in Section III with a description of major U.S.

international airlines, and a re-view of U.S. cabotage laws in Section IV. A study of the U.S. law and policy on ownership and control requirements of U.S.

air carriers. Federal laws limit foreign ownership of U.S. airlines to 25% and require U.S.-citizen control of airlines. What would happen if the limit were 49%. Representatives of airlines, unions, and banks and others we spoke with told us the answer is likely not n investment could affect competition by bringing new airlines to the market or expanding current airlines.

NEW DELHI: Amid AirAsia India’s continuing court war, the aviation ministry has asked the airline to give an undertaking that its operations are managed locally, and that it has complied with the substantial ownership and effective control (SOEC) clause. Sources said that it would be an assurance of sorts to the government that the airline is managed locally.

Under the Substantial Ownership and Effective Control (SOEC) framework, which is followed in the airline industry globally, a carrier that flies overseas from a particular country should be substantially owned by that country's government or its nationals.

Currently, NRIs can. Airline ownership restrictions in any case where it is not satisfied that substantial ownership and effective control are vested in the the foreign ownership of airlines is Author: Kiran S.

Desai.A Comparison between Shareholder Ownership and Control In previous articles, we discussed the roles and responsibilities of the shareholders. In this article, we look at the distinction between shareholder ownership and control and illuminate how this comparison plays out in the corporate world.