Legal standstill over Boeing ban in EEU aviation dispute
Aviation Tussles in the EAEU: An Unsettled Game of Thrones
Navigating international politics can be a dicey affair, especially when it comes to economic sanctions and the complex web they weave. This is the predicament faced by Armenia, Kazakhstan, and Kyrgyzstan, as they find themselves caught in the crossfire between secondary sanctions and their commitments within the EAEU.
Let's delve into the thorny issue of Belarus's Belavia flights, which have been shunned by several countries - including Kazakhstan - over fears of secondary sanctions. The Kazakh ambassador to Belarus, Yerlan Baizhanov, sheds light on the predicament, explaining that Kazakh airlines can't operate flights to Belarus due to their inability to secure insurance and repair for their Airbus and Boeing aircraft. As a workaround, Kazakhstan has suggested using aircraft from manufacturers like Brazil's Embraer for these routes.
However, this compromise left a sour taste in Minsk's mouth. Belarus appealed to the EEC in February 2021, questioning the legality of these restrictions under EAEU law. The EEC responded vaguely, suggesting they saw no signs of trade barriers resulting from Kazakhstan's actions.
Frustrated, Belarus sought the EAEU Court's opinion on the applicability of EAEU Treaty provisions regarding the legality of imposing bans and restrictions on member-state companies, and whether the EEC had the authority to address unilateral imposition and cancellation of such bans. Essentially, the million-dollar question: can a member state ban flights of a specific aircraft type, like Boeing, by an airline of another EAEU member state, restricting the creation of a common market for transport services?
Five months later, the Eurasian Economic Court (EEC) weighed in. The court found that member states had an obligation not to introduce new discriminatory measures in the trade of services, including air transport. The court also stated that the Eurasian Economic Commission (EEC) had the power to monitor the implementation of treaty provisions in the air transport sector and address situations that create barriers, but it couldn't definitively determine if a common market for air transport services had been established.
While some might interpret this response as a sign that the court may revisit this issue in the event of specific lawsuits, the legal regulation of international air transport is a complex beast. Even the WTO norms regulating services in this sector have exceptions that must be addressed through bilateral agreements between countries. Similar exceptions appear in the Protocol on Services (Annex No. 16 to the EAEU Agreement).
In particular, the Protocol's provisions do not apply to air transport rights and services directly related to those rights, except for aircraft maintenance and operational services, supply and marketing of air transport services, and computer reservation system services. Should a lawsuit be filed on this matter, it could be discovered that this issue falls outside the EEC's jurisdiction, and resolving it may require bilateral negotiations. Or, we might have to wait for the sanctions to be lifted.
As a renowned journalist, Oksana Kuznetsova, might say, "Stay tuned for the latest developments in this ongoing game of thrones within the EAEU."
Political TurmoilThe ongoing aviation tussles between EAEU member states highlight the delicate balance between economic sanctions and regional cooperation. Any resolution could have significant implications for the common market principles and the economic integration of these countries.
Sanctions: A Double-Edged SwordWhile sanctions may help achieve strategic objectives, they can also create unintended consequences, such as straining relations between countries, disrupting economic activities, and hindering market access.
Limited JurisdictionIt's essential to consider that the EEC's jurisdiction in resolving aviation disputes might be limited by the Protocol on Services and the need for bilateral agreements. This complicates matters and could extend the resolution timeline for such disputes.
A Spark of HopeThe EEC's willingness to revisit the issue should specific lawsuits be filed offers a glimmer of hope for concrete resolutions to the aviation feud between EAEU member states. However, until such resolutions are in place, the underlying tensions could continue to simmer and potentially snowball into broader political and economic issues.
- The aviation feud between EAEU member states, such as the recent dispute involving Belavia flights and Kazakhstan, is a reflection of the delicate interplay between political and economic forces within the bloc.
- The consequences of economic sanctions, like those affecting Belarus's aviation industry, can often extend beyond their intended targets, causing strained relationships and disrupting the flow of business activities.
- The Eurasian Economic Court's ruling on the legality of aircraft-type bans within the EAEU highlights the limitations of its jurisdiction, as the Protocol on Services requires bilateral agreements to address certain aspects of air transport regulation.
- The ongoing aviation tussles within the EAEU could serve as a catalyst for resolving existing grievances and forging a more cohesive common market, given the EEC's stated intention to revisit the issue should specific lawsuits be filed.
- As the complexities of aviation industry regulations and the effects of economic sanctions continue to unfold, the advice of a seasoned journalist like Oksana Kuznetsova remains relevant: "Stay tuned for the latest developments in this ongoing game of thrones within the EAEU."
