Predicament And Outlet Of International Aviation Liberalization

Since the establishment of the Chicago system,the international air transport has been developing rapidly with the trend of more openness and freedom.Especially under the trend of globalization,the demand for airspace has been increasing,achieve a higher level of freedom of international aviation has become the consensus of the international community.Regrettably,however,that in recent years,due to the impact of large-scale epidemics,geopolitical conflicts and other factors,the decline in the willingness to open national airspace and the prevalence of aviation protectionism have resulted in the contradiction between supply and demand for the use of international airspace,even exacerbating conflicts between nations.In the face of international contradictions,the system of international aviation rules does not play its due role.On the contrary,due to the neglect of the necessary coordination with other international rules,it is unable to maintain the stable order of international air transport.At the same time,the shortcomings of the international aviation law in the aviation economic system and the international aviation dispute settlement mechanism,leading countries to be more concerned about the possible negative impact of aviation liberalization on national security and interests in a changing world,therefore,a vicious circle is formed between the contradiction between the supply and demand of international aviation resources,the failure of the regulation mechanism of international aviation law,and the strengthening of national aviation control.The liberalization of international aviation has fallen into the development predicament of blocked exchange of high-level air rights and tight control of international tariff rights and freight rights.Regional Aviation Cooperation is the key way out for international aviation liberalization.According to the existing practice of aviation regional cooperation in the international community,several representative models have been formed: the European Union has established a unified air transport control among member states by virtue of its strong core strength,and through the expansion of internal cooperation,the European continent has established a high degree of freedom of the“Open Sky.”.Under the leadership of ASEAN,Southeast Asia has established a single aviation market in ASEAN,and member states have achieved fruitful results in reducing aviation market barriers and opening up the fifth air rights.The Middle East and Latin represent emerging aviation markets,the former having established close cooperation between governmental and non-governmental aviation organizations,the latter has achieved good results in regional aviation liberalization through subregional aviation integration and regional aviation integration.From the current situation of international aviation system,it is necessary to transplant the system to promote the convergence of aviation rules in different regions and improve the efficiency of international governance.On the other hand,the targets of the above-mentioned regional cooperation cover developed countries,developing countries and developed and developing countries,it provides the feasibility for other countries and regions to use for reference and transplant the legal system.The success of regional aviation cooperation reveals the way out of the dilemma of international aviation liberalization: Firstly,some countries take the lead to achieve a higher degree of aviation liberalization within a certain range;As the institutional development of regional aviation cooperation matures,these regions will expand the scope of regional aviation integration cooperation by admitting more members or establishing inter-regional cooperation,move towards more multilateral freedom of international air travel.The realization of this process not only depends on the selfperfection of the regional system,but also needs to provide guidance and norms for the global aviation regional cooperation from the international law level.In this regard,the International Civil Aviation Organization,the World Trade Organization and the International Aviation Union can co-ordinate global regional aviation cooperation and harmonize interregional aviation economic rules,it plays an important role in filling the blank of regional aviation rules.In the wake of regional aviation liberalization,China has also combined advanced development concepts such as building a community with Chinese schemes such as the “Silk Road in the air”,free-trade ports and free trade area.On the whole,China’s aviation regional cooperation is still in its initial stage,and the excellent experience of world aviation regional cooperation is integrated into the construction of our country’s regional aviation cooperation,it can provide more powerful system support for China to realize the transformation from a big civil aviation country to a strong civil aviation country.Therefore,in the process of building a free trade area and free-trade port,China can draw on the experience of ASEAN and EU to explore the gradual opening up of the seventh air traffic right and build an international aviation dispute settlement mechanism.When expanding the“Air Silk Road”cooperation,China can refer to the EU airspace management system,the common carrier system and the aircraft data sharing mechanism to further integrate the community concept into the regional aviation cooperation,to contribute more to the improvement of the international aviation system.