Consumer protection in a globalised aviation industry

摘要

The international nature of air transport, and its degree of reliance on online distribution channels presents some special challenges in the field of consumer protection. Some of the issues have been raised at successive ICAO Worldwide Air Transport Conferences and a strong preference emerged during ATConf/5 in 2003 for voluntary commitments by air carriers before introduction of any regulatory measures. A concern also was expressed that differences in approaches by individual States could result in legal uncertainty. ICAO plans to include consumer protection as an agenda item at ATConf/6 in 2013 and it has stated its expectation that recommendations will be drafted on the harmonization of relevant rules or measures as well as developing a global code of conduct for use by regulators and service providers. This paper notes developments in aviation consumer protection since 2003 and it presents documentary evidence about the extent and nature of consumer dissatisfaction with air transport service. The paper recognizes the challenges in protecting consumers at the national as well as the trans-national level, but it also acknowledges that there are risks associated with certain types of interventions to protect consumers. The possibility arises that they can be at variance with measures to promote desirable competitive outcomes.