The Study On Some Legal Issues Concerning The Direct Flight Across Taiwan Straits

The direct flight across Taiwan Straits is an important part of the process of communion and amalgamation between Mainland China and Taiwan. However the conflicts of the current aviation law of two regions, the restriction of the applicability of conventions by ICAO or WTO and the absence of a bilateral air transport agreement result in many legal problems to be settled. This article puts forward some advices and settlement schemes by comparing the active aviation law and analyzing the current situation of air transport between the Mainland and Taiwan.This article consists of four chapters besides the preface and conclusion.Chapter 1 introduces the current situation of the direct flight across the Taiwan Strait and some correlative factors (in the aspects of economics, politics and legal affairs).The aviation law and relevant legal instruments of Mainland and Taiwan are compared in Chapter 2. This chapter will also introduce and expound some major conventions made by ICAO, The Liberalization and"Open Skies"Policy in international air transport and WTO General Agreement on Tariffs and Trade. All these legal instruments and conventions will be the basis and references for the settlement of cross-strait problems and disputes.And then, Chapter 3 will analyze in detail the legal problems regarding to the direct flight across Taiwan Straits in the aspects of public law, private law and technical issues. A new settlement scheme with the idea of the construction of Cross-strait Common Aviation Area (CCAA) will be brought forward afterwards. The major legal problems about the direct flight across Taiwan Straits such as the legal definition of the direct flight, the exchange of traffic rights and other relevant problems will be discussed and settled within the framework of CCAA and inter-regional conflict of laws. At the end of this chapter, there will be a plot of FIR/ADIZ and a blue print of the cross-strait flight route.In Chapter 4, a draft of the bilateral Air Transport Agreement between Mainland and Taiwan will be put forward, this agreement embodies the concept of CCAA while conform with ICAO regulations and the principle of active bilateral air transport agreements.