JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2016, Vol. 29 ›› Issue (1): 47-57.DOI: 10.13766/j.bhsk.1008-2204.2015.0461

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On Rights to Use Low Altitude Airspace in the Content of Low Altitude Open-up Policy

CHEN Xuejun   

  1. School of Law, Beijing University of Aeronautics and Astronautics, Beijing 100083, China
  • Received:2015-09-23 Online:2016-01-25 Published:2016-01-21

Abstract:

Low-altitude airspace reform in China has reached the most crucial stage. At this moment, the reform should change from public management mode to mode of private rights. Establishing people's rights to use low-altitude airspace will contribute to constraint power of intervention from the government on the one hand; on the other hand will provide a theoretical support to the current reform of "civil-military co-management". State ownership of airspace is merely a declaratory right in public law. In the sense of private law, it should be considered as equivalent to "public goods" in Roman law. Therefore, rights to use low-altitude airspace are not conflict with the state ownership of airspace.

Key words: low altitude open-up policy, right to use low altitude airspace, airspace resources, state ownership, declaratory right, public goods

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