Options
Study of the Regulatory Framework of Aviation Reform in the Macau Special Administrative Region: Analyzing the Balance between Protection and Liberalization
Date Issued
2025-02
Author(s)
Loi da Silva e Melo, I Man
Abstract
This dissertation studies the regulatory framework of aviation reform in the Macau Special Administrative Region, focus on the balance between protecting local businesses and promoting market liberalization. The study explores how Macau, as a highly autonomous local administrative region in China with a relatively small economy, can effectively reform its aviation industry while safeguarding local interests in the face of open market competition.
The importance of this study lies in its analysis of Macau's aviation sector reforms. As Macau seeks to diversify its economy and strengthen its position as a member of the Greater Bay Area initiative, the aviation industry presents both opportunities and challenges. This research contributes to the broader discussion of how small jurisdictions with special political status can participate in regional economic integration while maintaining their distinct advantages and protecting local interests.
The research uses Doctrinal Legal Research and Comparative Legal Research methodologies, utilizing documentary analysis and comparative study methods. This research examines the legal framework of the aviation industry in Macau and the challenges it is currently facing. A comprehensive review of international aviation laws, bilateral air service agreements, and domestic regulations provides the foundation for analyze. The study also conducts a comparative analyze with Hong Kong's aviation framework, offering alternative regulatory approaches for a similar Special Administrative Region of China.
Several interesting findings emerged from this research. First, the study identified a fundamental tension between Macau's stated open skies policy and its practical implementation, particularly in limitations of its current concession-based system and the underutilization of international traffic
rights. Second, the analysis highlights how the current concession-based system has created a monopolistic market structure that hinders competition and innovation, exacerbated by outdated legislation. Third, the comparative analysis with Hong Kong highlights the importance of a clear legal framework and rules in balancing market liberalization with local industry protection, areas where Macau's current regulations show deficiencies.
The concluding thought based on these findings is that Macau's aviation industry reform requires a careful approach that gradually introduces competitive elements while maintaining protections for local enterprises. The study suggests that successful reform will depend on establishing a comprehensive legal framework, implementing a flexible multi-tiered licensing system, enhancing regulatory oversight, and developing mechanisms for regional integration. These reforms must be tailored to Macau's unique circumstances, considering its small market size, political status, and strategic position within the Greater Bay Area.
The importance of this study lies in its analysis of Macau's aviation sector reforms. As Macau seeks to diversify its economy and strengthen its position as a member of the Greater Bay Area initiative, the aviation industry presents both opportunities and challenges. This research contributes to the broader discussion of how small jurisdictions with special political status can participate in regional economic integration while maintaining their distinct advantages and protecting local interests.
The research uses Doctrinal Legal Research and Comparative Legal Research methodologies, utilizing documentary analysis and comparative study methods. This research examines the legal framework of the aviation industry in Macau and the challenges it is currently facing. A comprehensive review of international aviation laws, bilateral air service agreements, and domestic regulations provides the foundation for analyze. The study also conducts a comparative analyze with Hong Kong's aviation framework, offering alternative regulatory approaches for a similar Special Administrative Region of China.
Several interesting findings emerged from this research. First, the study identified a fundamental tension between Macau's stated open skies policy and its practical implementation, particularly in limitations of its current concession-based system and the underutilization of international traffic
rights. Second, the analysis highlights how the current concession-based system has created a monopolistic market structure that hinders competition and innovation, exacerbated by outdated legislation. Third, the comparative analysis with Hong Kong highlights the importance of a clear legal framework and rules in balancing market liberalization with local industry protection, areas where Macau's current regulations show deficiencies.
The concluding thought based on these findings is that Macau's aviation industry reform requires a careful approach that gradually introduces competitive elements while maintaining protections for local enterprises. The study suggests that successful reform will depend on establishing a comprehensive legal framework, implementing a flexible multi-tiered licensing system, enhancing regulatory oversight, and developing mechanisms for regional integration. These reforms must be tailored to Macau's unique circumstances, considering its small market size, political status, and strategic position within the Greater Bay Area.
File(s)
No Thumbnail Available
Name
Revised dissertation version_Master's -FBL-LIM - I Man Loi da Silva e Melo.pdf
Size
1.3 MB
Format
Adobe PDF
Checksum
(MD5):d95571bccd6e28a8d4a21a572ded4603