294 COMPETITION LAW IN TOURISM the sector to forbid any concertedpracticewhichnegatively affects the liberalisation of air transport services and which has as its object or effect the prevention, restriction or distortion of competition within the continent of Africa. This study will examine the competition in air services within Africa and the African Union Regulations. As an additional note, while the term “competition” is normally used to cover topics such as competition rules and policies and fair competition, this study is focused only on competition rules (regulation) and fair competition, which used to be addressed in the context of “safeguards for the liberalisation of international air transport within Africa”. 2. DEFINITIONS, PURPOSE, OBJECTIVES AND THE SCOPE OF APPLICATION 2.1 Definitions a) Abuja Treaty: the Treaty Establishing the African Economic Community adopted at Abuja, Nigeria on 3 June 1991 and which entered into force on 12 May 1994. b) African Air Transport Executing Agency: the Executive Agency provided for in Article 9 of the Decision on the Implementation of the Yamoussoukro Declaration on the Liberalisation of Access to Air Transport Markets in Africa of 14 November 1999, adopted by the Conference of the Parties Heads of State and Government of the OAU and signed by its current President in Lomé on 12 July 2000. c) Lomé Treaty: the Constitutive Act of the African Union adopted in Lomé on 11 July 2000. d) Resolution 2005: Resolution on the follow-up to the implementation of the 1999 Yamoussoukro Decision, adopted by the First Conference of Ministers of the African Union responsible for Air Transport in Sun City, South Africa, in May 2005. e) African Court of Aviation: the Arbitral Tribunal established in Annex 2 to the Decision, established to settle disputes relating to aviation and air transport services. f ) Board of Appeal: the Board of Appeal established under Annex 2 to the Decision, to which the interested party refers its complaint to any decision taken by the Regulatory Agency.
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