Research on the Legal Empowerment Mechanism of the Pilot Policy of the Seventh Freedom of the Air in Hainan Free Trade Port: A Study Based on the Collaborative Regulation Path of Aviation Economy and Green Development

Abstract

In the context of the construction of Hainan Free Trade Port, the pilot policy of the seventh air rights is facing the dual system demand of aviation economic expansion and green low-carbon transformation. This study deconstructs the legal empowerment mechanism of the aviation right opening policy through the double dimension of international aviation law and domestic legislation: firstly, based on the innovation of the Chicago Convention system and the international rules of CORSIA, it puts forward the design paradigm of the “Green Aviation Right” clause applicable to the seventh aviation right; secondly, it applies the special legislation of the FTIP to construct the framework of synergistic regulation of the air transportation, market access negative list and environmental code, so as to solve the ecological externalities caused by the opening of the aviation right. Secondly, the special legislation of FTIP is used to build a synergistic regulatory framework between the Negative Market Access List and the Environmental Code to solve the ecological externality problems caused by the opening of aviation rights; and then, through the legal and economic analysis model and institutional experimental methodology, the quantitative correlation law between the aviation rights opening index (FAI) and the carbon intensity coefficient (CIC) is revealed, and the innovative design of the legal tools for the implementation of the carbon quota pledge financing and the mandatory blending of the Sustainable Aviation Fuel (SAF) is designed. Comparative law research shows that Hainan needs to construct “air traffic rights betting agreement” and three-level dispute resolution mechanism under the framework of RCEP rules, and finally form the system diffusion path of “policy pilot - legal confirmation - standard export”. The study provides a rule of law program with international compliance and local adaptability for the high-quality development of the aviation industry in the special economic zone of the free trade port.