Benue State University, Makurdi

The Utility of Air Services Agreements in the Regulation of Civil Aviation in Nigeria

Matthew Atonko*

Abstract

Civil aviation is an important global business and a significant driver of the global economy. As a transnational and border crossing phenomenon, civil aviation facilitates the movement of goods and persons from one point to another, as well as helps in advancing international trade and tourism. Before an airline can operate international air service to another country, the Government of such an airline must negotiate with the Government of the destination country. Such negotiation is done under the terms of a bilateral or multilateral air service agreement. Bilateral and multilateral air services agreements, therefore, play a significant role in international aviation industry as instruments of negotiation and cooperation between and among states parties. Through the instrumentality of such agreements, states parties mutually establish a regulatory mechanism for the performance of scheduled air services between them. Nigeria has not only entered into bilateral air services agreements with over ninety countries spanning all continents of the world, but is also signatory to a number of multilateral air services agreements; both with a view to ensuring and providing easy and accessible means of transportation to Nigerian travelling public, and other nationals coming to Nigeria. The central issue is whether Nigeria has adequately positioned herself, with the requisite regulatory, and infrastructural wherewithal to utilize the benefits of Bilateral and Multilateral air services agreements. It was against the backdrop of the foregoing that this article, using the doctrinal research method, examined the utility of air services agreements, both bilateral and multilateral, in the regulation of civil aviation in Nigeria. The article found that apart from the fact that there was no effective regulatory framework in Nigeria to support and complement the regulatory machinery of air services agreements, Nigeria did not have a national carrier or a strong indigenous airline to operate the Nigerian side of the agreements on capacity and designation in order to effectively utilize the economic and other benefits associated with such agreements. The article recommended that Nigeria should put in place a sound regulatory framework that would support and complement the regulatory machinery of air services agreements. It was also recommended that Nigeria should establish a sound national air carrier that would enable the effective operation of the Nigerian side of air services agreements on capacity and designation.

DOWNLOAD COMPLETE ARTICLE HERE (CLICK)