Abstract:
The rapid development of the low-altitude economy has triggered structural conflicts between airspace development rights and citizens’ environmental human rights in three-dimensional space, leading to systemic failures in the traditional theory of adjacent relations rooted in horizontal easements and material nuisance. The essence of such conflicts has evolved from property rights friction between equal private subjects to a direct confrontation between fundamental rights with different levels, such as economic development rights, privacy rights, and the right to live in peace, in a three-dimensional space. By introducing an analytical framework for conflicts of fundamental rights, this paper advocates for a legal reconstruction of low-altitude adjacent relations: through the theory of “objectification and hierarchical differentiation of spatial tolerance obligations,” it delineates the boundaries between the “efficiency radius” of development rights and the “dignity radius” of environmental human rights; and constructs a three-dimensional legal regulatory system for achieving spatial justice, centered on refined rights allocation, proactive procedural participation, and diversified relief mechanisms. Only by balancing diverse rights demands under the guidance of constitutional values can a harmonious and orderly three-dimensional adjacent order be reshaped in the era of low-altitude economy.