Privatization generally means the transfer of ownership or business from
the governmental organization to the private company and there are many
methods to exercise ‘privatization’.
We have to think carefully and deeply on the methods of privatization
along with the risk and the ways of responsibility that the government and
local governments should take. It is because methods of privatization are the
key to think of the ways, fields and frameworks of providing services by the
central and local governments.
This paper takes up airport privatization among many fields where
privatization becomes an issue. After looking at several countries’ privatization
situations of airports from a viewpoint of legal system (mainly Japan, the U.S.,
the U.K. and Germany), it considers the nature of the system and ways of
preferable controlling of the airports.
Currently in 2016, privatization of airports is progressing in Japan. For
example, privatization of Kansai International Airport and Itami Airport
was carried out and they are operated as privatized airports from this April.
Plus, Sendai Airport has also been privatized early this year and the new
company which was founded by the new management rights holder is going
to run the airport from this June. In addition to above, there are many other
considerations of privatization are currently done for other airports.
Therefore, this paper looks at the methods and risk of privatization of
airports. In particular, what kind of approaches are adopted as methods of
privatization of airports, what kind of legal risks the methods would hold
are to be considered by comparing other countries’ methods and cases of
privatization of airports. Then the indication for future consideration on the
legal methods and risks of privatization of airports of Japan and other countries
are compared and basis for future consideration will be examined.
This paper first introduces the methods to privatize the airports and
consider the ways of privatization of airports. Then this paper will look at the
actual cases of other countries where privatization of the airport actually was
successful and not successful. Finally, this paper considers and analyzes the
risk of the governments how they should take the responsibility to guarantee
the outcome or service by thinking of the methods of the privatization of
airports which currently is also progressing in Japan on the comparison of the
legal systems of that of other countries.