The European-American open skies treaty was signed today. Assuming the U.S. Senate ratifies it (as expected), the deal goes into effect in March 2008.

The big news is that American airlines can fly into any European city, and vice versa. Plus, American airlines can fly passengers between countries within Europe. European airlines can’t fly domestically within the U.S., so you won’t see Air France or Lufthansa flying from Orlando to Memphis.

Overall, this deal should lead to greater competition and lower prices. That’s good!

But… the devil is in the details. As the treaty is written, there are some concerns, as Ed Hasbrouck points out:

The “Open Skies” agreement [Article 8, Section 3] requires compliance with all “recommended practices” of the International Civil Aviation Organization (ICAO). By making ICAO recommendations mandatory, the “Open Skies” agreement effectively delegates to ICAO the legislative power of the E.U. and the US. This is especially problematic because national delegations to ICAO have never included data protection, civil liberties, or human rights authorities.

Less legalese translation: An unelected international organization can dictate the aviation policy (including aviation security policy) of the US and the EU.

Governments ceding some of their sovereign authority to international organizations isn’t anything new. But considering how much importance security issues have in the American consciousness, it’s startling that our leaders were willing to hand off so much authority.

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