Air sovereignty

Air sovereignty is a concept in international law and political science that refers to a nation's control over the airspace above its territory. It is a principle that has been recognized by various international treaties and conventions, such as the Chicago Convention on International Civil Aviation of 1944.

History

The concept of air sovereignty emerged in the early 20th century, with the advent of aviation. Prior to this, the airspace was considered to be free and open to all, similar to the high seas. However, with the development of aircraft capable of crossing national borders, the need for regulation and control became apparent.

The first formal recognition of air sovereignty came in the 1919 Paris Convention, which stated that each country has complete and exclusive sovereignty over the airspace above its territory. This principle was later reaffirmed in the 1944 Chicago Convention.

Legal basis

The legal basis for air sovereignty is derived from the principle of territorial sovereignty, which holds that a state has the right to control and regulate all activities within its territory. This includes the airspace above the land and territorial waters.

Under international law, the airspace is considered to be an integral part of the territory of a state, and is subject to its jurisdiction. This means that a state has the right to regulate the entry and exit of aircraft, and to enforce its laws in the airspace.

Limitations

While air sovereignty gives a state the right to control its airspace, it is not absolute. There are certain limitations imposed by international law, such as the right of overflight for civil aircraft. This right, recognized in the Chicago Convention, allows aircraft to fly over a state's territory without obtaining prior permission, provided they are not used for military, customs or police purposes.

In addition, air sovereignty does not extend to outer space. The Outer Space Treaty of 1967 established that outer space is free for exploration and use by all states, and is not subject to national appropriation.

See also

• Airspace
• Territorial waters
• International law
• Chicago Convention on International Civil Aviation
• Paris Convention (aviation)