| Around World War II, significant progress in technologies of international civil aviationas well as business operations and management of international cooperation was made. TheInternational Civil Aviation Covenant signed in Chicago in1944which replaced ParisAviation Convention has developed a series of principles and provisions of international civilaviation activities. International Air Transport Agreement and International Air ServiceTransit Agreement were signed at the same time, which are constitutional parts of the"Chicago Convention". Member countries of the International Air Transport Agreement mademutual exchange among the five operating rights, which is also known as the "the FifthTraffic Right". The first two of the rights are as same as that in the International Air ServicesTransit Agreement, and the followed three refer to commercial transport business between theStates Parties directly. The Fifth Traffic Right between two countries agreed in bilateralagreements or bilateral agreements is to allow the exercise of the rights of a third-country’stransportation. The Fifth Traffic Right of air traffic rights is complex because it exists in anumber of bilateral agreements, and in different agreements it means a different way tooperate the different types of traffic rights. The opening of the Fifth Traffic Right traffic rightsmeans that the foreign airline is not only to share the market in the two countries in agreement,but also to share the resources of the third country’s market which is not in the agreement.The Fifth Traffic Right, which is also referred to as beyond rights, allows an airline tocarry revenue traffic between foreign countries as a part of services connecting the Airline’sown country. It is a right to carry passengers from one’s own country to a second country, andfrom that country to a third country (and so on). The "unofficial ’seventh freedom’", is avariation of the Fifth Traffic Right and allows international services wholly outside of anairline’s origin. Fifth Freedom rights were instrumental to the economic viability of long-haulflight until the early1980s when advances in technology and increases in passenger volumeallowed the introduction of more non-stop services. It was not uncommon for carriers toschedule multiple stops in foreign countries on the way to a direct flight’s final destination,especially those connecting Europe with Africa, South America and the Far East. On the basis of accessing to a large number of books and papers on information, the useof knowledge of the International law, the theory and knowledge of international relations andinternational politics, the writer use historical research methods, comparative researchmethods, empirical analysis on the study of the fifth traffic rights opening, including the statusof opening, the way to open, and the process of opening. Through historical research, thewriter study the context of the fifth traffic rights, its development, and the problem of opening,including the attitude of the main countries to open up aviation rights, the overall idea and thelegal system; through a comparative study, the writer uses comparative analysis of nationaltreatment of the Fifth Traffic Right the right to study the different attitude between the causesand manifestations; by empirical analysis, the writer analyze the different effects arising fromthe comparison of national implementation of the different air traffic control system. Finally,returning to the sky of China, the writer draw a series of conclusions related to the problem ofthe opening of fifth traffic rights of China on the basis of conclusion made by the previousanalysis. The conclusions are emphasized on the attitudes of opening skies and the opening upof the fifth traffic rights in accordance with the system and methods. Through the analysis ofthe existing legal system, and according to the characteristics of the fifth traffic rights forChina’s opening up to the fifth traffic rights, the writer not only finds the most feasible andmost effective way to solution, but also concerns about China’s economic and strategicorientation in the air the open questions of the right to put forward their own ideas.In addition to the introduction and conclusion, the paper is divided into six parts, andabout thirty thousand words.The first part of the paper focuses on the historical background of the development of thetraffic rights, and the writer analyze the fifth traffic rights’ concept, content and its legalcharacteristics in special. On this basis, the dispute about the nature of the right of the FifthTraffic Right grows in divided views. Analysis of the nature of the fifth traffic rights is thebasis of the discussion of its opening.The second part focuses on the evolution of the opening of the fifth traffic rights in theworld. Several major economies in the world have different historical procession to open fifthtraffic rights. Then the writer makes some brief introduction about how China does.The third part, according to the theory of international law and economic theory, the prosand cons to open the fifth Traffic rights is analyzed. When possible problems is put forwardon a theoretical basis with economic rationale, the problem how to open the fifth traffic rights come into being. Also the reasons in practical version are included by the previous analysis,the fifth aviation right’s opening is on the realistic basis.Part IV discusses the legal basis of the fifth traffic rights’ opening.1944ChicagoConference on the formation of Chicago Agreement makes the cornerstone of the legalsystem on International Civil Aviation. As one of the members of the Chicago Agreement,China should actively promote the development of national civil aviation industry under theinternational circumstances. Aviation services in the GATS trade agreement is also China’slegal basis to open up aviation rights. In addition, the domestic civil aviation law, althoughthere is no direct traffic rights muddy to make specific provisions, the policy makes one of thebases to open the fifth traffic rights China’s national conditions.Part V, the main form of the fifth traffic rights at this stage the world open the trafficrights is introduced according to the fourth part’s bedding. And the main ways of opening upits fifth traffic rights is discussed in according with China’s national conditions.Part VI discusses the Chinese national interests of the opening of the fifth traffic rights.After the analysis of these aspects, China has joined the Chicago Agreement and theWorld Economic Trade Organization (WTO) Framework Agreement on air services. Thegradual opening procession of China’s civil aviation rights in the international situation isirreversible, and after careful comparison and analysis, the conclusion of the opening upChina’s economic development more good than harm can draw. Today’s air traffic rights’opening is affected by the country’s economic policy, economic policy, the laws andregulations which are used to regulate the open skies. Almost no air law focused on thecontent of the specification following the opening of the domestic aviation services is found.China’s reform and opening up policy is promoted and economic development is made, therapid development and opening up the intensity of the General Administration of CivilAviation of China is increasing. China’s opening up of aviation rights is relied on regionaleconomic development and the formation of volatile mode. China could actively promote themodel of the bilateral system from the structure of economic co-operation partners to protectthe right of the Fifth Traffic Right open smoothly. |
