Yu 2007 International Forum

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# The Author 2007. Published by Oxford University Press. All rights reserved.

Advance Access publication 24 October 2007

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International Forum on Air and Space Law


FU Yu

Downloaded from http://chinesejil.oxfordjournals.org/ at Virginia Tech on October 9, 2013

Abstract
This note describes the activities of the International Forum on Air and Space Law held in Beijing on 25 28 June 2007.

1. The International Forum on Air and Space Law was held in Beijing on 25 28 June 2007, which was sponsored by the Faculty of International Law, China University of Political Science and Law (CUPL) and the Institute of Air and Space Law at the CUPL. 2. The rst session of the Forum concerned the aviation policy of China and Asia. MA Zheng, Deputy Director-General of Policy and Law Department of China Civil Aviation Administration Bureau, delivered a speech on The System of Law, Regulation & Policy of Chinas Aviation Industry. In addition to the introduction of the history and development of Chinas civil aviation, he analysed the existing challenges that Chinas civil aviation currently confronts, and he also proposed solutions to meet these challenges. Robert Luke, Minister-Counselor for Economic Affairs at the United States Embassy in Beijing, introduced the US air transport policy towards Asia and China. He emphasized that the United States endeavoured to sign bilateral aviation agreements with other countries in order to promote interaction for mutual benet. Then, Julio Arias, Senior Ofcer of the Delegation of European Economic Commission to Peoples Republic of China, introduced EU air transport policy towards Asia, expressing a wish for a unied aviation market. Andrew Herdman, Secretary-General of the Association of Asia Pacic Airlines (AAPA), gave a speech on Asia Pacic Airlines: Responding to competitive challenges and opportunities. 3. The main theme of the second session of the Forum was the opening-up of the air and space market. HUANG Jiefang, legal ofcer of the International Civil Aviation Organization, delivered a speech on international civil aviation organization and safety. LIU Fang, Deputy Director-General of International Department of CAAC, spoke on Chinas bilateral aviation transport agreements and the developing trend, in which she explained the connotation of Open Sky. She pointed out that it could only be applied to the international aviation transport market, not the national market. She introduced the bilateral and regional agreements that

Graduate student of international law, China University of Political Science and Law, Beijing.

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Chinese Journal of International Law (2007), Vol. 6, No. 3, 795 796 doi:10.1093/chinesejil/jmm036

796

Chinese JIL (2007)

China had already concluded. She stressed that China should conclude bilateral aviation transport agreements of further exibility with the other countries according to the realities in China. NIE Ying from the China Aviation Group discussed the current legal issues for the aviation industry of China. He also made some suggestions on legislation. Then, Prof. John MO Shijian, Dean of the International Law Faculty, CUPL, analysed the obligations under World Trade Organization (WTO) to open aviation markets. He pointed out that there is no explicit stipulation on the aviation markets in WTO Agreements and that there are grey areas among different limitations on the opening-up of air transport services in GATS, which would lead to uncertainty and bring short-, mid- or long-term impact. 4. The next session was a workshop on air and space law education. Prof. LING Yan, Deputy Director of China Institute of Air and Space Law, CUPL, and Prof. Joanne Gabrynowicz, Director, National Remote Sensing and Space Law Center, School of Law, University of Mississippi, USA, together with two other professors introduced their experiences in the teaching and in research in air and space law. 5. In the fourth session, the speakers discussed outer space policy and legal system. MA Xinmin, Director of Section 2 of Department of Treaty and Law, Ministry of Foreign Affairs, Peoples Republic of China, discussed the prospects of future space lawmaking in the world. Prof. Joanne Gabrynowicz expounded remote-sensing law in the United States and elaborated on the steps in the licensing process in the United States. QI Yongliang, the Secretariat of the Institute of China Air and Space Law, commented on the prospect of the legislation of space law in China. 6. The fth session is about some specic issues on air and space law. Dr LI Qi, from the Center on Civil Aviation Safety and Technology, Civil Aviation Administration of China, gave a speech on the topic of the legal framework of the international air emission reduction. DU Xinli, Deputy Director of China Institute of Air and Space Law, CUPL, introduced the legal regulations on the access of foreign capital to Chinas aviation industry. 7. In the sixth session, the speakers addressed the commercialization of activities in outer space. Prof. Stephan Hobe, Director of the Institute of Air and Space Law, Cologne University, Germany, spoke on Space tourism activities: Emerging challenge to Air and Space Law, emphasizing the conict between the two kinds of authorization procedures for space travel, and the compensation liability for travelers and third persons on the ground. Prof. GAO Guozhu, Law School of Beijing University of Aeronautics and Astronautics, discussed the legal status and denition of the launching state. Prof. LI Juqian, Deputy Director of China Institute of Air and Space Law, CUPL, discussed the liability system under air and space law. 8. The last session was about the practice of Air and Space Law. ZHANG Qihuai, lawyer of Beijing Lan Peng Law Firm, George N. Tompkins of the USA, GAO Feng, Senior Partner of Beijing Guo Hao Law Firm, ZHU Ziqin, Deputy Director of China Institute of Air and Space Law, CUPL, discussed various aspects of the topic and the bilateral dealings between China and the USA.

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