Abstract

The aviation business in the ASEAN region has shown significant growth during the last decade. With the enactment of ASEAN Open Skies, there is no doubt that intra-ASEAN flights will continue to increase rapidly with Indonesia and Thailand experiencing significant effects from such development. Considering current rapid market capitalization, there is an urgency to establish equilibrium between commercial and passengers' rights. Flight delays, cancellations, and denied boarding, either on domestic or International flights, are the main airline passengers' rights issues that are always relevant and must be kept up-to-date with recent developments. In the context of the so-called integrated ASEAN skies, the urgency to establish a uniform legal framework on passengers' rights has become essential. Learning from the current International legal framework, namely the Warsaw Convention, the Montreal Convention, and EU Regulation No. 261/2004, they could present the source of best solution. Considering that the latter was established by another regional initiative, it could be a particularly valuable guide for ASEAN, even though the current integration level of the EU and ASEAN are quite different. Also of importance, the bomb threat hoax phenomenon within Indonesia and Thailand shall also be discussed. Passengers' rights must also be protected against the implications of such irresponsible acts.

Highlights

  • Liberalization of air services in the Association of Southeast Asian Nations region, known as the ASEAN Single Aviation Market or ASEAN Open Skies, fundamentally benefits passengers by removing limitations on the number of international flights within the member states and on account of lower airfares

  • None of the abovementioned laws focus on innocent passengers; the existing legal framework on flight disruptions plays a critical role in mitigating this issue for innocent passengers during a bomb threat incident

  • After the entry into force of the International Carriage Act,[57] an action for compensation for flight delay is under the exclusivity of this act.[58]. Since the latter has been in force for less than a year, there has not been any judgment on this exclusivity issue to date. It remains to be seen whether Thailand will follow the European Union’s approach or rule that the International Carriage Act preempts any remedy.[59]

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Summary

INTRODUCTION

Liberalization of air services in the Association of Southeast Asian Nations (hereinafter referred to as ASEAN) region, known as the ASEAN Single Aviation Market (hereinafter referred to as ASAM) or ASEAN Open Skies, fundamentally benefits passengers by removing limitations on the number of international flights within the member states and on account of lower airfares. This creates more competition among the member states’ airlines. This paper proposes an option for harmonizing or mitigating differences among ASEAN member states by studying an initiative by the European Union (EU) as an example of another regional initiative

Indonesia
Thailand
Is There Any Protective Measure for Innocent Passengers?
Today’s Magna Carta in International Carriage by Air
Comparison Between Indonesia and Thailand
Will There Be An ‘ASEAN 261’?
CONCLUSION AND THE WAY
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