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Abstract: Regulation (EC) No 261/2004, which sets out common rules on compensation and assistance to air passengers, is not limited in its application to the European Union (EU) and has some extra-territorial application, displaying the “Brussels effect” and Eurocentric influence on international law. This extraterritorial application owes much to the jurisprudence of the Court of Justice of the European Union (CJEU), particularly in Q and Others v United Airlines. Along with pre-Brexit UK courts, CJEU has expanded the scope of EC261 to include third-country air carriers that have no direct contractual relationships with passengers by holding them accountable for flight disruptions outside the EU. This expansive interpretation challenges the traditional concept of state sovereignty over airspace by imposing EU standards on flights operated by third-country air carriers under codeshare agreements with EU partners. Through the lens of Third World Approaches to International Law, this article examines the extraterritorial application of EC261, highlighting how it perpetuates the imposition of Western norms and its broader implications for global governance. To address these concerns, this article proposes recommendations related to jurisdiction, choice of law, and the development of a template that respects regional contexts and standards. It advocates a shift toward a more pluralistic and equitable international legal order that moves away from the unilateral imposition of Eurocentric standards.
Keywords: air law; air passenger rights; Brussels effect; imposition of Western norms; judicially broadened impact of Regulation (EC) No 261/2004; mitigating negative impacts of EC261 on ASEAN air carriers; third world approaches to international law
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