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EN
The aim of the paper is to present the process of liberalization of international regulations of aviation market. Since the mid 90-s there has been a considerable development of transport market and aviation industry. One can observe a significant progress towards liberalization of regulations of international aviation transport. There is also a growing number of states which are the parties in the contacts of full market access. At the same time the aviation industry is going through structural transformations such as mergers and alliances which enables companies to compete on the world's aviation market. The authoress analyses the activities of international organizations (ICAO) and regional organizations (the EU) with reference to existing problems on the aviation market ( privatization, commercialization, property, control ) She points out that in the times of liberalization of regulations of the industry globalization and the era of aviation alliances the time has come to loosen the regulations concerning foreign investment addressed to national carriers. The trends existing in economy indicate the international character of markets in a lot of essential areas. Transgenic flows of capital coincide with a huge increase in the number of multinational companies which join the capital and introduce mixed boards consisting of different states citizens. Currently there is a large number of companies which do not possess a clear cut line of division of national responsibilities. The authoress concludes that aviation widely understood as 'airline industry' will also be susceptible to these trends and will gradually lose its national character. The beginning of these changes in recent years has been a gradual liberalization of aviation transport in Europe and opening competition among aviation carriers in other regions of the world, such as Australia and New Zealand.
EN
The paper concentrates on the origins of the 1944 Chicago Convention of International Civil Aviation, which on December 7, 2004 celebrated its 60th anniversary. The convention describing the principles of international air aviation is the oldest convention in the aviation world, which has survived 60 years practically unchanged. It sounds exceptional in the face of dynamically developing aviation and its surroundings. As early as in 1919 with its Paris Convention an important compromise was reached between two basic theories in aviation law (one stated that every country has a sovereign right to its aviation territory; the other assumed that the aviation territory should not be restricted and air navigation should be entirely free). The Chicago Convention, often criticized for its fossilized structure and bad adaptation to the realities of aviation market played an important role in the development of aviation between 1944-2004. Benefiting from Paris Convention, it established norms for the most crucial issues connected with air navigation such as: flight over a foreign state, state ownership of aircraft, measures to enable air navigation, conditions concerning the use of aircraft such as: documents, equipment of aircraft or capability of flight. The Chicago Convention, however, is far from being perfect and its criticism, especially concerning the fact that it allows a wide interpretation is not groundless. Consequently, it seems reasonable that a new convention should be prepared by a group of experts in cooperation with member states and organizations cooperating with the UNO.
EN
The aim of the article is to present the ongoing, within ICAO, process of modernization of the Rome conventions of 1933 and 1952 on air carrier's civil liability for damages done to third parties. The authoress, who took part in the work of the legal committees at the 36th Assembly of International Civil Aviation Organizations (ICAO) in 2007 and the 33rd sitting of the ICAO Legal Committee in 2008, presents and analyzes the project of modernization of the Rome conventions taking into account all the source materials such as the ICAO documents from the above-mentioned meetings. Additionally, she presents the opinions of states and aviation organizations on the project and ponders over their legitimacy. The authoress emphasizes that even the events of September 11, 2001 in New York did not increase the pace of the process of modernization of the Roman conventions. That is why she pins her hopes on the work of the Special Group for Modernization of the Roman Conventions (SGMR) which has already led to the creation of two projects of modernization of the conventions on damages done to third parties as a result of the so-called general risks and acts of illegal interference. Despite numerous difficulties in reaching an agreement by the delegates, she notices states' big activeness and a will to accept the two convention drafts as soon as possible. In conclusion, she writes about a possible states' compromise leading to the creation of new international legal acts, the final proof of which will be the ICAO diplomatic conference planned for 2009.
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