2001-Promoting Trade in Airline Services

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    *Tel.:#61-3-9905-5476; fax:#61-3-9905-2495.

    E-mail address: [email protected] (P. Forsyth).

    Journal of Air Transport Management 7 (2001) 43}50

    Promoting trade in airline servicesPeter Forsyth*

    Department of Economics, Monash University, Clayton, Vic. 3800, Australia

    Abstract

    With recent developments in the airline industry, trade concepts (e.g. the nationality of the airline) are becoming increasingly

    di$cult to de"ne. However, de"nitions are needed primarily when trade is to be restricted, and the appropriate de"nition depends on

    the objectives of the aviation policy. Trade generally enhances overall welfare, though individual countries can lose out from it.

    Current arrangements considerably restrict other than bilateral trade in airline services * this suggests that there may be signi"cant

    gains from more open trade. Aviation policies, like other trade policies, re#ect a balance between consumer, tourism, airline company

    and employee interests. This balance is changing in a number of countries, with the move towards open skies bilateral agreements and

    domestic deregulation re#ecting a greater weight being put on consumer interests. Notwithstanding this, most countries are still

    hesitant about moves towards freer trade. They support trade when it involves greater market access for their own carriers, but oppose

    it when it involves their carriers losing market share. In this respect, aviation policies are similar to policies towards other sectors. The

    bilateral system of agreements is consistent with greater freedom of trade, though it makes some aspects of trade liberalisation di$cult

    to achieve. Some regional agreements, especially that in Europe, have been successful in achieving trade liberalisation. Signi "cantly,

    these have included airline services with other sectors, enabling trade o!s between sectors. 2001 Elsevier Science Ltd. All rights

    reserved.

    1. Introduction

    The airline industry, while being distinctly interna-tional in character, is one in which international trade is

    tightly regulated. Most airline markets are limited to the

    airlines of a select few countries, and most airlines have

    access to only a restricted group of markets, those within

    and surrounding their home country. When trade is

    tightly constrained, there are usually signi"cant gains to

    be made from liberalisation of trade. This is likely to be

    so for airline services.

    It is not di$cult to understand why countries are

    unwilling to open up the airline markets they control, or

    share control of, to more trade. Simple protectionist

    reasons will be, as in other sectors, quite important.Countries may wish to keep airline production and em-

    ployment at home. Where routes are pro"table, possibly

    because of regulatory restrictions, they will wish to keep

    the pro"ts themselves, and not share them with other

    countries (especially when the pro"ts are at the expense

    of their own consumers). Some countries also fear domi-

    nation of their routes by foreign carriers, which may

    possess market power, and use it to the detriment of their

    travelers and shippers. Many countries remain quite pro-

    tectionist, but others are now taking a broader view oftheir aviation policy, and are re#ecting the interests of

    their consumers and their tourism industries, as well as

    the interests of producers, such as the airlines and their

    employees. This is beginning to make a di!erence when

    airline services trade issues are considered. Nevertheless,

    most countries are unwilling to allow access to foreign

    airlines in those markets they control, even if they give

    consumer interests substantial weight when issues of

    competition are being considered.

    Airline services are also subject to very speci"c interna-

    tional negotiating arrangements, namely the bilateral

    system. This poses the question of whether the bilateralsystem itself limits the scope for trade, or whether it is

    consistent with more open trade if this is the objective of

    the countries participating in it. Another question it

    poses is that of whether there are alternative negotiating

    frameworks which would result in more open trade and

    greater gains from trade. There are several options;

    regional and multilateral aviation agreements are pos-

    sible, as are regional and multilateral agreements which

    cover trade in a range of sectors, not just aviation. For

    example, trade in airline services could be included in the

    General Agreement on Trade in Services (GATS).

    0969-6997/01/$- see front matter 2001 Elsevier Science Ltd. All rights reserved.PII: S 0 9 69 - 6 9 9 7 ( 0 0 ) 0 0 0 2 8 - 4

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    To start with, the meanings of various terms, such as

    open skies, competition and trade in airline services are

    clari"ed; most attention will be paid to the last of these.

    Next, the possible gains from trade in airline services

    are examined, and following this, current barriers to

    trade, and countries' aviation objectives are considered.

    This paves the way for a discussion of how the bilateral

    system "ts in with trade in airline services. Finally, howmoves beyond the bilateral system, such as regional and

    multilateral arrangements, will impact on trade, are

    examined.

    2. Open skies, competition and trade

    In discussions of airline liberalisation, the concepts of

    open skies, competition and trade are all commonly

    referred to; they are interrelated closely, though there are

    important distinctions which must be made. Particular

    attention is paid here to the concept of trade in airlineservices.

    Open skies is the most general of these terms. It refers

    to airline markets where there is an absence of regulatory

    controls. It could be applied to a bilateral agreement, in

    which there are no capacity, entry or price regulations

    which apply to airlines of the two bilateral partners

    which do, or might, serve the route. The term could be

    applied to a regional arrangement, such as European

    open skies, or it could apply to a multilateral arrange-

    ment if one were to come into being. It is important to

    note that under open skies agreements, such as

    open skies bilateral agreements signed by the United

    States, there may remain some signi"cant restric-tions. For example, cabotage is not permitted, and

    airlines of countries other than the bilateral partners

    are usually tightly constrained, if they are allowed to #y

    the route at all. `Open skiesa agreements will typically

    allow for more competition between the airlines of

    the partner countries, and they may make more trade

    possible.

    Competition is a more speci"c concept which refers

    to the market structure and rivalry between individual

    suppliers in a market. Thus, on a route between two

    countries, competition refers to the number of air-

    lines which compete independently, and how theycompete. More airlines means greater competition,

    though the ways in which they compete are relevant.

    A small group of airlines may compete strongly between

    one another or, perhaps more likely, they may recognise

    their interdependence, and moderate the strength of their

    competitive behaviour. Strong competition is desirable

    because it induces airlines to keep prices down, and in

    turn to ensure that their costs are no higher than they

    need to be. Competition however does not imply any-

    thing about which countries the competing airlines are

    from.

    Trade in airline services involves a situation in which

    "rms from one country export services to buyers in

    another country. Thus, on a #ight between Germany

    and the US operated by the German airline, Lufthansa,

    trade will take place when US citizens, or citizens of

    countries other than Germany, are carried * Germany

    exports airline services to the US and other countries.

    Trade in airline services is peculiar in a number ofrespects. The product is airline services (passenger

    or freight) between two points (not necessarily in

    separate countries). The countries at each end of

    the route control the conditions under which trade

    takes place, and determine which countries are allowed

    to o!er airline services. If another country's airline

    is permitted to o!er services on the route, there will be

    an export of services, though unlike most trades, the

    exporting country or its "rms will have little control over

    the price at or conditions under which it exports the

    service.

    Much trade in airline services is bilateral in form. Ifmost of the users of the airline services between two

    countries are citizens of those countries, there will be

    trade when the airlines of one country sell to the citizens

    of the other. There will also be trade when those airlines

    #y citizens of other countries on the route. There is much

    more scope for trade when an airline carries tra$c on

    a "fth freedom or sixth freedom basis, since many of the

    purchasers of the services it o!ers will come from coun-

    tries other than its home country. However, these types

    of tra$c are quite limited in most parts of the world; "fth

    freedom rights are rarely granted except on a limited

    basis, and the possibilities for sixth freedom tra$c are

    constrained by geography.De"ning trade in airline services is becoming more

    di$cult with the developments taking place in the airline

    industry, though this is re#ected in what is going on in

    other sectors as well. The seller is ceasing to be always the

    producer * one airline may produce the service, but

    another airline may sell it to the passenger or shipper.

    This happens with code sharing, where one airline oper-

    ates a service but another includes it in its schedule and

    sells it to the customer. Here both airlines contribute to

    the production process, though the one which operates

    the service contributes the greater part. With a code

    share service, two countries may be exporting airlineservices jointly.

    Another complexity is that the nationality of an airline

    is becoming more di$cult to determine. Until recently,

    most airlines were owned, headquartered, and controlled

    in a single country, did their major maintenance in that

    country, and employed most of their sta!in that country.

    This is ceasing to be the case. An airline may be head-

    quartered in a country but be owned by foreign interests,

    and it may employ sta! from a range of di!erent coun-

    tries. It may obtain maintenance and information tech-

    nology services from several other countries. In what

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    sense is it an airline of the country in which it has its

    headquarters?

    This is an important question when there are restric-

    tions being put on trade in airline services, and on which

    airline from which country can produce and sell parti-

    cular services * as there are in most markets.

    For regulatory purposes, there are ways to de"ne the

    product and determine which country supplies it. Forexample, it would be possible to de"ne the export of

    airline services in terms of which country's airline oper-

    ates or which country's airline sells the service, and to

    determine which country the airline comes from in terms

    of its ownership, headquarters or where it employs most

    of its sta!. If a country is particularly concerned to

    protect its airline production activities, it will de"ne na-

    tionality accordingly. Thus, it may not be too concerned

    about who owns the airline as long as it bases production

    and employment within its borders. It will wish to restrict

    other airlines on routes over which it has some control.

    This country would reject code shares which result inother countries airlines actually operating services. This

    is similar to a country which protecting its manufactur-

    ing industries and also encouraging foreign investment in

    them. Alternatively, a country may be concerned about

    airline pro"ts. Such a country will be concerned that the

    airline selling services over which it has control are do-

    mestically owned. Such a country may not be too con-

    cerned about which country's airlines actually operate

    the services. It may be quite happy to agree to code

    shares which involve other countries' airlines operating

    the services as long as the pro"ts from the route accrue to

    its own airlines (as, for example, Japan does with some of

    its pro"table routes).Thus, we should not expect that one set of de"nitions

    will suit all purposes. In some situations, ownership of an

    airline may be more important than where it bases its

    production, and in others the reverse. The nature of the

    trade restrictions, and the de"nitions which accompany

    them, will depend on what the country is trying to

    achieve when it restricts trade. The problem of de"nitions

    primarily occurs when there is an intention to restrict

    trade in some way. If there were completely free trade in

    airline and related services, all of these de"nitional ques-

    tions would be irrelevant, since questions of nationality

    do not arise when conditions under which a route is to beserved are considered.

    Allied to trade in airline services is trade in services

    which are purchased by the airline industry. These in-

    clude maintenance, passenger and freight handling, and

    information technology services. Some of these, unlike

    airline services per se, are included within the General

    Agreement on Trade in Services (GATS). Thus, one of the

    key questions surrounding trade in airline services is

    whether it can and should be included in the GATS (for

    a discussion of aviation issues and GATS, see World

    Trade Organization (1998)).

    3. The case for trade

    The case for trade is an old one, a simple one and

    a robust one. If a country can supply a good or service at

    a lower cost than another country can, it makes good

    sense for the latter country to import the good or service

    from the former. Airline services are fundamentally much

    the same as any other goods and services. They arecurrently treated in a very di!erent way, and are subject

    to a unique system of regulation which incorporates

    trade restrictions. Trade in airline services could be

    opened up much more than at present, as, for example

    shipping services are (international routes are fairly free,

    though some countries restrict cabotage). Granted the

    general case for trade, it is appropriate to test whether,

    for a particular context, there are speci"c reasons for

    moving away from free trade.

    It is di$cult to think of any arguments to the e!ect

    that the overall gains to the world (as opposed to indi-

    vidual countries) would be greater under an environmentwhich restricts trade. If trade in airline services were

    associated with trade in other goods and services, which

    created negative externalities, there could be some case

    for restriction. For example, airline services and tourism

    are closely related; suppose that tourism is excessive

    because too much tourism is creating congestion in cities

    and damage to environmentally sensitive areas. One way

    of restricting this tourism would be to restrict airline

    services * this trade restriction could result in overall

    world welfare. However, there would be better ways of

    handling this problem * if it is tourism which is creating

    congestion and damaging the environment, more direct

    ways of controlling these externalities are preferable,such as pollution controls or charges. Also, even if airline

    services are to be restricted, it would still be desirable to

    ensure that they are provided by the countries which are

    most e$cient in doing so, and this will require trade in

    airline services.

    It is conceivable that individual countries could lose

    from free trade in a service, such as airline services. The

    optimum tari!argument is an accepted argument which

    states that one country may be able to gain from restrict-

    ing trade if it is able to raise the price at which its partners

    purchase its exports. This can be applied to airline ser-

    vices (see Clarke, 1998). Suppose a country is in a bilat-eral arrangement with another, and that both countries'

    airlines operate on the route. Suppose further that most

    of the tra$c on the route comes from the other country.

    It may be in the "rst country's interest to restrict supply

    on the route, forcing up prices and increasing the pro"ts

    of its airline at little cost to its own consumers. While it

    will be in the interest of the other country to keep fares

    low, it may not see it this way (it may be protectionist),

    and the "rst country may be able to impose an optimum

    tari! without retaliation. This could also be the case

    where the users of the service come from many di!erent

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    countries, and retaliation is not feasible. This situation is

    rather like that of voluntary export restraints, whereby,

    one country agrees to the request of another to restrict

    exports to it, and charge the importing country more for

    its exports. It can be argued that this is the case on the

    Japan}Australia route, on which most passengers are

    Japanese* it may be in Australia's interest to keep fares

    high, since its airlines can pro"t from high fares.One proviso to this argument is that regardless of the

    restriction to supply, it will still be e$cient for the servi-

    ces to be actually operated by the lowest cost supplier,

    which ever country this may come from. If a lower cost

    airline from another country could operate the service, it

    would be in the "rst country's interest to allow it to do so

    as long as it could reap the pro"ts from this happening.

    Thus if a US airline could operate the Japan}Australia

    route at a lower cost than the Japanese and Australian

    airlines, and Australia could somehow gather the addi-

    tional pro"ts from this airline, it would be in its interest

    to allow it on to the market. In reality, this is often verydi$cult to achieve, and successful enjoyment of the

    pro"ts will require preventing other countries' airlines on

    to the route. Hence, when a US airline, Northwest,

    attempted to enter the Japan}Australia route, it made

    sense for Australia to try to block it, since it would simply

    have diluted pro"ts going to Australian airline.

    Even if free trade is in the interest of a country, it need

    not follow that every move towards more trade, in the

    context of an already restrictive environment, will be to

    that country's bene"t. It could be that a route is tightly

    regulated and is highly pro"table. These pro"ts will be

    shared by the airlines on the routes, typically airlines

    from the bilateral partners. While allowing airlines fromother countries to serve the route couldbe in the interest

    of the country's consumers, it may not be in its overall

    interest, since its airline pro"ts will be diluted. It will be in

    the interest of the bilateral partners to restrict access to

    their route by airlines of other countries, even if these

    airlines could serve the route more e$ciently. US airlines

    would very much like to serve the highly restricted and

    pro"table intra-Asian routes; however, it makes sense

    for Asian countries to restrict access to them, since

    the US carriers will dilute the Asian countries' shares

    of pro"ts. This is not a general argument against trade;

    however it is a consideration which needs to be takenaccount of when moves towards greater freedom of

    trade are considered- there may be good reasons for

    individual countries to oppose speci"c trade enhancing

    proposals.

    There are other non-economic arguments which are

    sometimes used to justify airline trade restrictions. One of

    these is the security argument * countries wish to have

    airline industries which may provide transport in times of

    con#ict. However, most of the discussion of airline servi-

    ces trade centers on how the gains and losses from such

    trade are shared- even if a country gains from free trade

    in airline services, not everyone in it will be a gainer.

    Trade policy will depend here, as in other sectors, on the

    balance of these interests.

    4. Trade barriers and policies

    Trade barriers are still extensive in the airline industry,though as the result of liberalisation, they have been

    reduced somewhat. The bilateral system, while not

    inherently trade restrictive, is the framework within which

    most of the regulation of airline services takes place.

    Most bilateral agreements provide only limited scope for

    trade. Typically, they specify the conditions under which

    airlines from the partner countries can operate and sell

    services, and very often airlines from other countries are

    not permitted into the market at all. Sometimes, some

    limited "fth freedom rights may be granted. At other

    times, geography may mean that airlines from non-part-

    ner countries will be able to enter a market on a sixthfreedom basis. Countries are usually hesitant to grant

    beyond rights. Even where liberal or open skies bilateral

    agreements are concluded, for example, between the US

    and its many open skies partners, trade is primarily

    limited to bilateral trade between the partners.

    There are other restrictions which are linked to those

    which are present in the bilateral agreements. Airline

    ownership is becoming an issue, and limits are being put

    on ownership for purposes of participation in bilateral

    trades. This is necessary to stop airlines from one country

    getting around restrictions by establishing subsidiaries in

    others, to access those countries' markets. Such restric-

    tions are now beginning to restrict the corporate freedomof airlines- for example, when airlines try to take equity

    stakes in alliance partner airlines.

    Access to airport services can also restrict the scope for

    trade at the airline level. If an airline cannot obtain slots

    to use a busy airport, it will be able to enter markets

    which include that airport. Airport access is becoming an

    increasingly important factor when bilateral agreements

    are concluded (for example, when the US and Canada

    concluded an open skies agreement } see Tretheway

    (1997)). Finally, it is worth noting that most countries

    prohibit access by foreign airlines to their domestic mar-

    kets (though New Zealand allowed Ansett New Zealand,which was owned by Australian and US interests, to

    operate in its domestic markets, and Australia allows

    Ansett Australia, now owned by New Zealand and

    Singaporean interests, to #y within Australia).

    Trade policies of countries are usually the outcome of

    pressures from a range of di!erent interest groups. This is

    true for policies as they impact on airline services trades.

    There are groups with distinct and identi"able interests,

    and somehow a balance between these competing inter-

    ests is achieved. This balance can change over time, for

    example, as consumer interests grow stronger.

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    The groups which are most relevant in the airline

    services context are consumers, tourism industries,

    governments, airline companies and airline employees.

    Consumers normally want low fares. To this end, they

    will favour competition and also trade. Home tourism

    industries will favour low fares for tourists from other

    countries, so that more tourists come and purchase their

    products. Normally, tourism industries will support com-petition and trade. However, in countries where most of

    the tourism #ows are outward (such as Japan) the

    tourism industry may favour high international fares, to

    keep tourists at home. Governments may also be players

    as well as disinterested referees. For example, a govern-

    ment may be concerned about revenue #ows to itself,

    perhaps in its role as an owner of an airline. Many

    countries have recently privatised their airlines; in most

    cases, their treasuries were more keen to maximise sale

    proceeds than to promote liberalisation which would

    lower pro"ts.

    Producer interests are often lumped together, thoughdoing this is becoming increasingly inaccurate in the case

    of the airline industry. In the days when more business

    for the airline company meant more or higher paid jobs

    for its workforce, there was a strong conformity of inte-

    rest. These days, what is good for the company may not

    be good for its workforce. For example, a company may

    add to pro"ts by selling services on a code share basis

    rather than by directly operating the service; their em-

    ployees may lose out from this. The attitude of these two

    groups towards trade issues will diverge, since it is in the

    interest of the workforces (assuming they are home

    based) to maximise production activity at home while the

    airline companies can be expected to be more #exibletowards trade. Thus, they will support the opening of

    trade if it enables them to take advantage of code sharing,

    but they will oppose it if it results in a reduction in their

    market share. They will also want access to new markets,

    and will support opening up of markets they are current-

    ly excluded from. Thus, US carriers support obtaining

    beyond rights in Asia from Japan, but they are less keen

    on promoting trade when it means allowing cabotage in

    the domestic US market.

    Changes taking place in the airline industry are also

    impacting on airline attitudes to trade. It is no longer

    simply a matter of market access that they are seeking.While airlines naturally wish to preserve protection of

    their own markets, they want more #exibility to operate.

    Thus, they wish to take equity in, and possibly control,

    airlines in other countries, to form alliances across coun-

    tries, to contract out services when economic to do so

    and to source inputs across the world as cheaply as

    possible. To form themselves as international businesses,

    airlines now wish for some of the trade restrictions which

    limit their #exibility to be removed. Strategic alliances

    are, in part, a response to trade restrictions, but as they

    develop, they will lead airlines to seek greater #exibility

    through the liberalisation of several of the barriers to

    trade and investment.

    The balance of interests has been changing, and this

    contributes to the explanation of the liberalisation that

    has taken place over the past few decades. Consumer

    interests have become more important as governments

    recognise that travelers are voters, and they have had an

    in#uence on the open skies bilateral agreements whichhave been concluded. Tourism interests are becoming

    more vocal, and some countries, such as Australia, in-

    clude them on their aviation negotiation teams. In some

    cases, countries have permitted more trade, in the form of

    greater access on bilateral routes to non-partner airlines,

    re#ecting consumer interests. The demand for low fares

    to Europe was a major reason why the Australian

    government gave up on e!orts to restrict Asian airlines

    from o!ering services on a sixth freedom basis on the

    Australia}Europe routes (see Findlay, 1985, Chapter 2).

    While consumer interests have become more impor-

    tant, they have not yet featured prominently in pressurefor more open trade. Consumer interests have been keen

    on competition, though they have not paid much atten-

    tion to the possibilities for trade. Thus open skies bilat-

    eral agreements typically do not open markets up to

    more trade on a non bilateral basis, and most domestic

    airline deregulations have limited competition to domes-

    tically owned and operated airlines. This is not so sur-

    prising when trade in other goods and services is

    considered. The push to open markets normally comes

    from producers, not consumers, who are more diverse

    and are a much less e!ective lobby group than producers.

    For example, Thai rice producers, not Japanese con-

    sumers, are pushing for Japan to open its rice market,and US and other agricultural producers press Europe to

    open its markets for agricultural products. European

    consumers seem much less interested, even though they

    are the ones paying the higher prices. (In the 1990s

    Australia tried to galvanise consumer interests in Europe

    by pointing out how much extra they were paying for

    food, but it had limited success.)

    Hence, when it comes to airline services, most coun-

    tries are not particularly supportive of trade which goes

    beyond the bilateral level. This is true even for countries

    which are liberal when it comes to competition issues,

    such as the US. Thus the US opposes trade when itwould lead to a reduction of market share for US car-

    riers, for example, in the domestic market or on interna-

    tional routes which its airlines share with those of

    bilateral partners. It is pro trade when it is a matter of

    additional access by US carriers to routes they are re-

    stricted on, such as beyond rights from Japan into Asia.

    It could be that countries are now putting less weight on

    airline companies' interests but they are still weighting

    employee interests heavily * thus, they may willing to

    accept a loss of airline pro"tability (say as a result of

    domestic airline deregulation) but not the loss of airline

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    jobs overseas. Few if any countries seem willing to pursue

    pro trade policies, if these are against their producer'

    interests, even though they are prepared to weight con-

    sumer interests over producers in other situations. To

    this extent, the strongest interest group support for more

    open trade comes from producers seeking greater market

    access.

    5. Bilateralism and trade

    At present, most international negotiation concerning

    airline services takes place at a bilateral level. Are these

    arrangements consistent with more open trade, and do

    they promote such trade?

    It is certainly possible for bilateral agreements to be

    trade enhancing. Several agreements now being con-

    cluded, especially those with the US as a partner, involve

    open skies. While this does not mean free trade, it can

    encourage more trade, especially bilateral trade. A liberalor open skies agreement will give greater scope for the

    country which can supply airline services more e$ciently

    to gain a greater share of the tra$c, thus creating gains

    from trade. Under restrictive bilateral agreements, the

    capacity of each of the countries airlines may be predeter-

    mined, thereby, limiting the scope for trade. Under open

    skies, the lower cost airlines can win market share from

    their competitors, and airlines from higher cost countries

    have greater ability to subcontract operation of services

    to airlines from lower cost countries.

    In the longer term, open skies agreements may have an

    impact on trade through another mechanism. If open

    skies lead to competitive airline markets, and only mod-est pro"tability of airlines, countries may be less inclined

    to prevent entrants from other countries into the markets

    they control. Currently, where markets are highly pro"t-

    able, airlines and governments are reluctant to allow

    other countries' airlines into the market to share the

    pro"ts; thus, Asian countries do not want US airlines to

    have access to pro"table intra-Asian routes. Lower fares

    on direct routes need not always lead to greater reliance

    on trade. Lower fares on a direct route may mean that

    tra$c switches to it from less direct, but hitherto cheaper,

    sixth freedom routes. There will be a reduction in

    multilateral trade, though there will be an e$

    ciency gain,since the previous trade pattern was the consequence of

    arti"cial restrictions.

    Nevertheless, even liberal bilateral agreements usually

    leave many trade barriers in place. They typically do not

    allow for airlines from non-partner countries to serve the

    route. They rarely include domestic cabotage, and they

    may not include much by way of beyond rights. They will

    often fail to resolve airport access issues. Indeed, some

    countries rely on airport access problems as a means of

    reducing trade and competition when they are pressured

    by their partners to be more liberal. Most of these are,

    however, a matter of choice of the countries concluding

    the agreements * they could, but do not wish to, include

    such matters within a bilateral agreement. To this extent,

    it is not bilateralism per se that is holding up movement

    to greater scope for trade.

    The bilateral approach to negotiation does make it

    di$cult for more complex issues, involving more than

    two countries, to be dealt with. If a country wants beyondrights which it can exercise, it needs to negotiate with

    other countries as well as the immediate negotiating

    partner. Such pressures for more open trade as there are

    tend to come from airlines seeking access to markets they

    are currently excluded from, and this invariably means

    routes on which their home country is not a direct

    partner. Somehow, within its various bilateral agree-

    ments a country must obtain rights for its airlines to #y

    on routes which other countries control.

    Bilateral negotiations need not be limited to only air-

    line services; they may be broadened to include other

    trades as well. This is sometimes done (though it is oftendenied). Linking airline services to other trades has the

    advantage that if both countries want concessions in

    di!erent sectors, they may agree on a package which

    delivers something on all sectors. It is easier to achieve

    progress in negotiations if the range of options is not too

    limited.

    The overall result from several decades of bilateral

    negotiations is that there is rather little scope for trade in

    airline services other than bilateral trade. The contrast

    with international shipping is stark; the lack of regula-

    tions on a bilateral basis has led to extensive multilateral

    trade. The aviation environment has come about partly

    because countries have not sought to open up air-line services to more extensive trade, but it may also be

    partly because the system itself does not facilitate trade

    liberalisation.

    6. Beyond bilateralism

    While the bilateral basis for airline trade services nego-

    tiations will remain, there is scope for negotiations on

    a broader basis. One possibility would be regional agree-

    ments, and another would be for agreements between

    countries with similar objectives. Finally, there are multi-lateral possibilities.

    There are some examples of `regionala agreements

    under which groups of countries choose to liberalise

    aviation services amongst themselves. Some of these are

    really just bilateral agreements, such as those between

    Canada and the US and between New Zealand and

    Australia. The most important regional agreement is that

    within the European Community. Members of the Com-

    munity determined to include aviation along with other

    sectors in moves towards liberalisation (Button, 1997).

    This has resulted in signi"cantly greater competition and

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    trade (Civil Aviation Authority, 1998). Another form of

    agreement would be that between a `cluba of countries

    with similar objectives (see Productivity Commission,

    1999a). Such a club need not have any regional basis,

    though a regional club could be expected to be one with

    a good deal of air tra$c between members. The problem

    with the non-regional club option is that the members of

    the club might be widely separated geographically, andthere might be little scope for additional tra$c and trade

    at the air services level.

    The advantage of the regional or club approaches is

    that a wider range of options, involving trade in many

    sectors and several countries, can be considered at the

    same time. Where two countries may fail to agree, an

    agreement between several may be feasible, especially

    when each country involved has some market which it

    would like more access to. A further advantage of a club

    is that it could go further than a regional or multilateral

    agreement if its members have similar objectives; there

    need not be the problem of the convoy moving at thespeed of the slowest ship. As against this, regional and

    multilateral approaches can involve more than one sec-

    tor, and it is possible to trade concessions in one against

    concessions in another. However, while it may be feasible

    to form a club of countries which promote liberalisation

    in airline services, it is likely to be much more di$cult to

    form a club of countries which are seeking a similar

    degree of liberalisation across a wider range of sectors.

    The multilateral option is another, not necessarily mu-

    tually exclusive, one. This could involve incorporation of

    airline services more generally into the GATS. Currently,

    few countries would support this, possibly because they

    do not wish to be put under pressure to liberalise trade inairline services. The multilateral approach does have

    advantages. It involves a large group of countries with

    a wide range of sectors to be considered, and thus, it

    provides a wide range of possible trade o!s. A multilat-

    eral framework limited to only air transport would be

    unlikely to achieve very much, as there would be little

    scope for trade o!s. There is an established negotiation

    framework, which has been able to handle agreements

    with very di!erent sectors in the past.

    There also several limitations of the multilateral pro-

    cess. It is complex, and results are slow in coming. There

    is the possibility that the agreement"

    nally reached mayre#ect the position of the countries least prepared to

    move * the lowest common dominator problem. This

    will be less of a worry if all countries to the agreement

    want something out of it, and are prepared to compro-

    mise one some issues to get their way on others. A multi-

    lateral agreement which covers a range of sectors holds

    out more promise than one which is restricted to one or

    a few sectors; for example, a multilateral agreement

    which covers solely aviation.

    It is also probably true that incorporating airline servi-

    ces into a multilateral negotiations framework would be

    quite di$cult. Airline services have developed in a very

    di!erent way from other traded services, and there is an

    established bilateral framework which is currently in use

    and which is inconsistent, in many ways, with the ap-

    proach to trade agreements currently adopted by the

    WTO. As against this, however, there are other sectors

    which each have their own peculiarities and pose particu-

    lar di$culties, such as agriculture, which have been suc-cessfully incorporated into the multilateral approach.

    While incorporation of air transport into the arrange-

    ments such as the GATS has some potential, it is likely to

    be achieved only in the longer term.

    The primary issue may be one of whether su$cient

    countries see themselves as gaining enough from liberal-

    ising trade in airline services to push for this to be put on

    to the agenda. Agriculture gets put on the agenda when

    agricultural producer countries see this as a way of ope-

    ning up access to markets. It is producer interests, and

    their search for markets, which forces the issue. With

    airline services, it may be that too few countries see it asin their airlines' interest to push for market access at the

    multilateral level.

    Countries will also see themselves as gaining from

    trade liberalisation if they take a broader view of their

    interests than they normally do. As mentioned, some

    countries are taking note of consumer and tourism indus-

    try gains when considering domestic aviation policy, and

    when entering open skies bilateral agreements. While

    producer interests are often dominant, this is not always

    so; some countries are willing to reduce manufacturing

    tari!s unilaterally, an action which results in the contrac-

    tion of their industries. Information about the gains from

    trade, such as that gained from models of liberalisation,may help decision makers to take a broader view (see, for

    example, Productivity Commission, 1999b; Gillen et al.,

    1999).

    Whichever ways in which airline services are opened

    up further to trade, there are some cautions which need

    to be taken into account. One concern is that of market

    dominance. If a more liberal trade environment led to

    a small group of mega carriers which dominated most

    airline markets, there would be the risk of misuse of the

    market power that these carriers would possess. Even if

    mega carriers did not dominate, low-density markets

    could still be dominated by a few carriers, with attendantmarket power problems. To this end, any liberalisation

    needs to be accompanied by monitoring of competition

    policy aspects. Addressing market power problems in

    a multinational environment could be di$cult.

    Another caution concerns the tourism industry. Airline

    services and tourism services are close complements.

    Countries do possess market power in the sale of these; it

    is this market power which enables them to regulate

    international airline services as they do. If as a result of

    some agreement, airline services are liberalised, it will still

    be feasible for countries to exercise this market power at

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    the tourism level. Thus, instead of regulating airlines and

    keeping air fares high, they may switch to taxing tourism.

    Both these have the a!ect of restricting trade in tourism

    and aviation services. Thus, if aviation is to be included in

    a negotiating framework, so too should tourism.

    7. Conclusions

    There has been considerable liberalisation of trade in

    airline services over the past few decades. This has come

    about through liberal bilateral agreements, such as open

    skies agreements, through regional agreements, and

    through carriers taking advantage of sixth freedom op-

    portunities open to them. Notwithstanding this, trade in

    airline services is still relatively restricted. Few products

    are open for all countries to supply. Thus, there is scope

    for more trade, and more gains from trade.

    Protectionist arguments explain a lot. Countries are

    keen to promote production of airline services by theirairlines and employment in the industry. They also wish

    to enjoy the pro"ts to be obtained in markets which they

    restrict competition in. However, several countries are

    now taking a broader views of their aviation interests.

    They are prepared to take into account, to some extent,

    bene"ts to their consumers and tourism industries, and

    balance these against bene"ts to producers. This is being

    re#ected in open skies bilateral agreements, and in do-

    mestic deregulations. In spite of this few countries are

    particularly pro trade if it comes to a matter of home

    country producers losing business to foreign producers.

    Even those countries which have unilaterally lowered

    tari!s for their manufacturing industries are unwilling tolet foreign airlines into their markets.

    There are forces for change. Open skies may be limited

    in themselves to bilateral arrangements, but they can

    lead to pressure for opening up of related bilateral

    markets. Also, producer interests are changing. Airlines

    which are seeking to become global businesses are "nding

    themselves constrained by the various restrictions on

    trade and investment, and some are pressing for these to

    be liberalised.

    The form of the system of international regulation, the

    bilateral system, does make a di!erence, but it is prob-

    ably of much less importance than countries'

    objectives.It is possible for there to be more scope for trade within

    a system of bilateral agreements, though this system does

    hinder the process of enhancing opportunities for trade

    on a multilateral basis. Given most countries' objectives,

    and that they are normally only pro trade when it is

    a case of increasing market access or creating more

    #exibility for their own airlines, going beyond the bilat-

    eral system is a means of expanding the scope for trade.

    Increasing the number of countries involved, through

    a regional or multilateral agreement, can facilitate ope-

    ning up markets, but it is especially important to expand

    the range of possible trade o!s, by including more thanjust aviation issues in negotiations. This is possible under

    regional trade agreements but the greatest scope for trade

    o!s occurs at the multilateral negotiations level. How-

    ever this also happens to be the most di$cult level at

    which to incorporate aviation negotiations, granted the

    widely di!ering ways in which current aviation and gen-

    eral trade negotiations are conducted.

    For the short-to-medium term, the regional or club

    basis probably provides the greatest scope for progress

    towards liberalisation of trade, especially if trade in other

    sectors is included. How much change such negotiations

    e!

    ect depends on how keen countries and their airlinesare for access to new markets and for more #exible

    arrangements, and how much weight governments give

    to interests other than producer interests, such as con-

    sumers and tourism industries.

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