Questions about the concept of air traffic rights? 20

In accordance with international practice.

The first air traffic right refers to the "right to overfly the airspace";

The second right of navigation is the "right of technical stop";

The third air traffic right refers to the right of an airline of a country or region to carry passengers and goods from its registered country or region to another country or region;

The fourth right of air traffic refers to the right of an airline of one country or region to carry passengers and goods from another country or region back to its registered country or region.

The fifth air right refers to the fifth air right of a country or region that obtains the permission of a third country to make a stopover, and to load and unload passengers and load and unload goods while operating an international route.

Summary. Air traffic rights are a national air transport right formulated by the world aviation industry through the International Civil Aviation Organization, because as long as air transport exceeds its own national borders, it involves the sovereignty of other countries, and international air transport needs a unified regulation within the global industry, and air traffic rights are part of this provision.

Aviation sovereignty is mainly manifested in the fact that the state can prevent any foreign flight to fight the airspace.

The relationship between aviation sovereignty and air traffic rights.

Air traffic rights are a national air transport right formulated by the world aviation industry through the International Civil Aviation Organization, because as long as air transport exceeds its own national borders, it involves the sovereignty of other countries, and international air transport needs a unified regulation within the global industry, and air traffic rights are part of this provision.

Aviation sovereignty is mainly manifested in the fact that the state can prevent any foreign flight to fight the airspace.

Yes. What about the definition of aviation sovereignty.

Aviation sovereignty is mainly manifested in the fact that the state can prevent any foreign flight to fight the airspace.

If you describe the relationship between the definition of national aviation sovereignty and air traffic rights, I don't have a clue about how to write an 800-word ** ah.

You can start with their definitions and explain their differences and connections in detail.

What is the best topic?

Hello, I think you can call the topic: On the Difference and Connection between National Aviation Sovereignty and Air Traffic Rights. I hope mine can help you and have a great life!

Can you write it in 800 words.

Hello, it is recommended that you write this yourself, so that you can understand the differences and connections between them more thoroughly.

Summary. Sovereignty over airspace means that countries can arrange their own airspace flight and transportation policies according to their own needs, whether political or other considerations, and the operation of international civil aviation transport can be developed as their own aviation resources. Although a country's sovereignty over its airspace is "complete and exclusive" in language, if a country accedes to an international treaty for a certain purpose, it is natural that its sovereignty over its airspace may also be subject to certain restrictions.

Some scholars have said that "international air law is the branch of international law most closely related to national sovereignty3". In the field of civil aviation, due to the international nature of transportation, all countries hope to be able to enter the airspace of other countries and engage in certain air transport business.

To this end, each sovereign state restricts its own airspace sovereignty through some form of agreement, that is, a concession or concession of some kind of airspace sovereignty for ground countries, so as to achieve the purpose of opening up the air transport market to a certain extent, that is, the exchange of air traffic rights.

What is the relationship between air traffic rights and airspace rights and the significance of their setting?

Sovereignty over airspace is the theoretical cornerstone of the exchange of air traffic rights.

Air transport is naturally international, and it is necessary to properly resolve the relationship between countries in the sovereignty of the airspace in the international air transport industry. What is "sovereignty of the airspace", as the Latin adage says: "Whoever occupies the land, occupies the sky above the land" (cujus est solum, ejus est usque ad coelum 1), the sovereign saying of the airspace has a long history.

The Convention on the Administration of Aviation, the first international air code concluded at the Paris Peace Conference in 1919, declared sovereignty over airspace as a universal rule of customary international law in Article 1: "The Contracting States recognize that each State has complete and exclusive sovereignty over the airspace above its territory."

Sovereignty over airspace means that countries can arrange their own airspace flight and transportation policies according to their own needs, whether political or other considerations, and the operation of international civil aviation transport can be exploited as their own aviation resources. Although a country's sovereignty over its airspace is "complete and exclusive" in language, if a country accedes to an international treaty for a certain purpose, it is natural that its sovereignty over its airspace may also be subject to certain restrictions. Some scholars say:

International air law is the branch of international law most closely related to the sovereignty of States3 ». In the field of civil aviation, due to the international nature of transportation, all countries hope to be able to enter the airspace of other countries and engage in certain air transport business. To this end, the sovereign states have adopted some form of agreement to limit their own airspace sovereignty, that is, to make concessions or concessions to the ground countries in terms of certain airspace sovereignty, so as to achieve the purpose of opening up the air transport market to a certain extent, that is, the exchange of air traffic rights.

First, the degree of openness in the field of civil aviation is unprecedented, the key words in the system design of the plan in the field of civil aviation are "freedom, convenience and openness", which mainly involve four aspects. First, in terms of building an international aviation hub, it is necessary to implement a highly free, convenient and open transportation policy, promote the construction of an international shipping hub and aviation hub for the new western land-sea corridor, and accelerate the construction of a modern comprehensive transportation system. Analysis:

Generally speaking, the passenger transfer rate of more than 30% is the standard configuration of aviation hubs, which is of great benefit to Haikou Meilan and Sanya Phoenix to build aviation hubs, and provides policy opportunities for local airlines to structure hub networks. Second, in terms of the policy of opening up air transport, on the basis of reciprocity, we will promote the opening of air transport to and from Hainan for both carriers in the bilateral air transport agreement.

3. The fourth air traffic right, and in accordance with China's overall air transport policy, expand the air traffic right arrangements necessary for the construction of Hainan Free ** Port, including the fifth air traffic right. Support the pilot opening of the seventh air traffic right in Hainan. Airlines from relevant countries and regions are allowed to carry passenger and cargo business from Hainan to third countries (regions).

Implement the intermodal transportation of international transit passengers and their baggage. Third air traffic right: the right to disembark passengers at the destination, and the domestic aircraft can unload passengers, mail or cargo within the territory of the agreement country.

Fourth air right: the right to board passengers at the destination, and the domestic aircraft can carry passengers, mail or cargo back within the territory of the agreement country. Fifth Navigation Rights:

The right of intermediate point or the right of extension can first be used as a transit station to load and drop off passengers and goods at the location of a third country, and the fifth right of navigation is to negotiate with two or more countries. Seventh air right: the right to transport to a third country, the right of an airline of a certain country or region to operate an independent route outside its own country or regional territory, and to carry passengers and goods between two countries or regions abroad.

First air traffic right: the right to overfly the airspace.

The first problem of flying out of a national border is to fly into or over the airspace of other countries, and the first right is formed by allowing it or not to allow it.

Second right of navigation: the right of technical stopover.

The first problem of flying out of a national border is to fly into or over the airspace of other countries, and the first right is formed by allowing it or not to allow it.

Third right of navigation: the right to disembark passengers at the destination.

Domestic aircraft may unload passengers, mail or cargo within the territory of the Agreement State.

Fourth right of navigation: the right to disembark passengers at the destination.

Domestic aircraft may carry passengers, mail or cargo back within the territory of the Agreement State.

Fifth traffic right: intermediate point right or extension right.

Passengers and cargo can be picked up and dropped off at a location in a third country as a transit point, and the fifth air traffic right is to negotiate with two or more countries.

Sixth right of navigation: the right of bridges.

The right of an airline of a country or region to carry passengers and goods between two countries or territories outside the territory of the country or territory of China through the country or territory in which it is registered (this is a combination of the third and fourth freedoms).

Seventh right of navigation: the right of transportation to a completely third country.

The right of an airline of a country or region to operate independent routes outside its own territory and to carry passengers and goods between two countries or regions outside of its home country or region.

Eighth air right: the right of domestic transportation.

The right of an airline of a country or region to carry passengers and goods between two places within the territory of another country or region (the right to operate within the territory).

Ninth air right: the right of domestic transportation.

Domestic aircraft may operate domestic routes to the countries of the agreement. The so-called ninth air traffic right means that the above-mentioned eighth air traffic right is divided into two types: continuous and non-continuous, and if it is a "non-continuous domestic carriage right", it is the ninth air right.

Traffic rights, commonly known as freedom of the air, are a national air transport right established by the world's aviation industry through the International Civil Aviation Organization (ICAO). Because air transport involves the sovereignty of other countries as long as it goes beyond its own national borders, it requires a unified regulation on a global scale, and the right to air traffic is part of this regulation.

To put it simply, air traffic rights are the right of a country's aircraft to fly in the airspace of another country or to take off and land in territory.

Air traffic rights are an important aviation right of a country. When exchanging these rights and interests in international air transport, the principle of reciprocity is generally adopted, and sometimes one party will propose higher exchange terms or charge compensation fees to appropriately protect the rights and interests of domestic aviation enterprises.

The right to air traffic has its origins in the International Air Services Transit Agreement (IIA) of the Chicago Conference in 1944, also known as the Two Freedoms Agreement, because it provides for two types of air freedom for scheduled international aviation – the "right to fly over its territory without stopping" and the "right to stop for non-transport operations."

There are nine basic concepts of air traffic rights, commonly known as the nine major air traffic rights, which are:

1) First air right: the right to overfly in the airspace;

2) Second right of navigation: right of technical stop;

3) Third air right: the right to disembark passengers at the destination;

4) Fourth air right: the right to board passengers at the destination;

5) Fifth navigation right: intermediate point right or extension right;

6) Sixth right of navigation: bridge right;

7) Seventh air right: the right of carriage of a completely third country;

8) Eighth air traffic right: the right of domestic transportation - the domestic aircraft can pick up passengers and cargo from two different places within the territory of the agreement country, but the aircraft terminates in the home country;

9) Ninth air right: the right of domestic transportation - domestic aircraft can go to the agreement country for domestic route operation.

Legal basis

Civil Aviation Law of the People's Republic of China.

Article 95: Public air transport enterprises shall take effective measures to improve the quality of transport services based on the principle of ensuring flight safety and normal flights and providing good services.

Article 126: The carrier shall be liable for any loss caused by delay in the carriage of passengers, baggage or cargo by air; However, the carrier shall not be liable if it proves that it or its employees or persons have taken all necessary measures in order to avoid the occurrence of losses or that it is impossible to take such measures.

Article 74: Civil aircraft shall obtain permission from the air traffic control unit to carry out flight activities in controlled airspace.

Article 75: Civil aircraft shall fly in accordance with the route and flight altitude designated by the air traffic control unit, and if it is necessary to deviate from the designated route or change the flight altitude for any reason, the permission of the air traffic control unit shall be obtained.

In international law, space is divided into airspace and outer space, and airspace and outer space have different legal statuses. The 1919 Paris Air Convention affirmed the principle of sovereignty over airspace in international law, and airspace became an integral part of a State's territory. It has the power to prohibit foreign aircraft from entering its airspace or to allow them to pass under certain conditions.

The airspace state has the right to take necessary coercive measures against foreign aircraft flying over the territorial airspace of another country without authorization in order to defend its sovereignty over its territorial airspace. Outer space does not fall within the scope of the sovereign jurisdiction of any State, and all States have the freedom to operate in outer space, and it is forbidden to possess outer space and celestial bodies as States. The Declaration on Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, adopted by the United Nations General Assembly in 1963, and the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, adopted in 1966.

A number of important principles and rules on the legal status of outer space have been identified. International Air Law (1) The main principles of the Chicago Convention on the Basic Regime of International Aviation include:1

Sovereignty of airspace (four main rights). Sovereignty over territorial airspace refers to the complete and exclusive sovereignty of the ground state over its territory and territorial airspace, and the state over its own territorial airspace. In accordance with the principle of sovereignty over airspace, the content of the sovereignty of the state over his own airspace:

1) The ground state has the complete exclusive right to occupy and use the resources in its own airspace, and foreign aircraft are not allowed to fly through or enter without the permission of the ground state. Thus, the state is based on the sovereignty of its airspace.