ASEAN OPEN SKY AND THE DISEASE SPREAD IN THE REGION: WHAT NEXT FOR ASAM

Abstract

The ASEAN Open Skies policy frameworks under the Integration of Air Travel Sector (RIATS) have been adopted and have been in place. Under the ASEAN Framework Agreement in Services (AFAS), air transport is one of seven priority sectors in trade services liberalization in ASEAN. To date all of the operationalization of ASEAN Open Skies frameworks has been completed, including the ASEAN Multilateral Agreement on the Full Liberalization of Air Freight Services (MAFLAFS), the ASEAN Multilateral Agreement on Air Services (MASS), and the ASEAN Multilateral Agreement on the Full Liberalization of Passenger Air Services (MAFLPAS). Basically, with all of these agreements, any airline designated by ASEAN Member States (AMS) is allowed to operate in another AMS region, and to a point with international airport of a third Member State without limitation on capacity and schedule. By occurring the Covid-19 pandemic, the international air transport was temporary slowing down, but the ASEAN Single Aviation Market (ASAM) would have continued despite the fact that the ASEAN region has been hit hard by the Covid-19 pandemic as much of the rest of the world. In this context, this study seeks legal mechanism, regional standardization, and ICAO regulations in determining the balance between the air transport industry in the region and the measures of handling Covid-19. Since the free open border at international airport would have a positive correlation with the spread diseases in other AMS regions, it should be safety international standard and guidelines during pandemic. This study proposes, despite the tragedy of Covid 19 pandemic, health safety standards are set to improve if ASAM would have implemented accordingly. To sum up, it is of critical importance for ASEAN to examine all factors involve in the come-back operational of airline industry as this market will lead to greater connectivity and growth as well as the development for the ASEAN competitive region.