ISSN 1008-2204
CN 11-3979/C

海湾国家禁飞纠纷的国际法分析

Disputes Concerning the Gulf Ban on Flights from the Perspective of International Law

  • 摘要: 围绕首起多国针对特定国家关闭领空引发的“海湾国家禁飞纠纷”,在识别争端当事国主要程序争议和实体争议的基础上,研讨1944年《国际民用航空公约》(即《芝加哥公约》)和《国际航班过境协定》项下的约文解释与适用分歧。就程序问题,指出国际民航组织理事会和国际法院有争议受理权,且当前争议中不存在排除适用《芝加哥公约》之情形。就领空关闭问题,指出海湾四国虽可依据领空主权原则关闭领空,但其实施措施的方式涉嫌违反《芝加哥公约》项下的空中禁区规则和禁止滥用民用航空之规则。就过境权问题,指出海湾三国撤销或扣发过境许可是否符合《国际航班过境协定》,取决于卡塔尔航空公司是否存在违反海湾三国国内法的情势。

     

    Abstract: This paper focuses on the "disputes concerning the Gulf Ban on flights" caused by the closure of airspace by several Gulf States against a specific State, and discusses the differences in the interpretation and application of the Convention on International Civil Aviation (Chicago Convention) and the International Air Services Transit Agreement (Transit Agreement) of 1944 on the basis of identifying disputes over procedural and substantive issues between the parties involved. In terms of procedural issues, it is pointed out that the Council of International Civil Aviation Organization (ICAO) and the International Court of Justice (ICJ) are entitled to exercise their jurisdiction over the disputes, and there are no circumstances in the current disputes that preclude the application of the Chicago Convention. As for airspace closure, although four of the Gulf States are entitled to close their airspace based on the principle of airspace sovereignty, their closure is suspected of violating rules concerning prohibited areas under the Chicago Convention and the obligation "not to misuse international civil aviation". With regard to transit rights, whether three of the Gulf States are entitled under the Transit Agreement to revoke or withhold Qatar 's transit rights depends on the extent to which Qatar Airways complies with the laws and regulations of these three of the Gulf States.

     

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