Journal articles on the topic 'Airspace (International law)'
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1
Kareng, Yaya. "INTERNATIONAL AVIATION/AIRSPACE LAW AN OVERVIEW." International Journal of Law Reconstruction 4, no. 1 (April 28, 2020): 56. http://dx.doi.org/10.26532/ijlr.v4i1.10941.
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Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations. In the United States and in most European nations, aviation law is considered a federal or state-level concern and is regulated at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to Federal laws and case law for this function instead. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern. Aviation law, however, is not in the United States held under the same Federal mandate of jurisdiction as admiralty law; that is, while the United States Constitution provides for the administration of admiralty,[1] it does not provide such for aviation law. States and municipalities do have some indirect regulation over aviation. For example, zoning laws can require an airport to be located away from residential areas, and airport usage can be restricted to certain times of day. State product-liabilitys law are not preempted by Federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products. Space law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law but one that already has its own journals and academic support. Much of space law is connected to aviation law.
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Barus, Yan Jefri. "Jurisdiction Of A Country’s Air Territorry In International Law Perspective." Journal of Law Science 3, no. 3 (July 30, 2021): 102–8. http://dx.doi.org/10.35335/jls.v3i3.1673.
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The sovereignty of a country is no longer absolute or absolute, but at certain limits it must respect the sovereignty of other countries, which are regulated through international law. This is what became known as the relative sovereignty of the state. In the context of international law, a sovereign state must essentially obey and respect international law, as well as the sovereignty and territorial integrity of other countries. The problem in this research is How is the JURISDICTION of a country's airspace? What are the principles of air law adopted by nations in the world (internationally)? How is the JURISDICTION of a country's airspace in the perspective of international law? Its basic function is to show the way to solve research problems. The airspace contained above the land area, inland waters, and territorial sea is included in the jurisdiction of a country. This can be seen from article 1 of the Chicago Convention 1944 concerning International Civil Aviation: "State sovereignty in the air space above its territorial area is complete and exclusive sovereignity". This provision is one of the main pillars of international law governing air space. The principles of international air law include the principle of airspace sovereignty, the principle of JURISDICTION of air space, and the principle of responsibility. The principles in jurisdiction are the principle of territorial, national, passive personality, protection or security, universality, and crime according to applicable legal criteria. In relation to state jurisdiction in airspace, very closely related to law enforcement in the airspace. With jurisdiction, the country concerned has the authority and responsibility in the air to carry out law enforcement in air space.
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ERKARA, Mustafa Burak, and Polathan KÜSBECİ. "Ege Hava Sahası:Türkiye ve Yunanistan Sorunları." Journal of Social Research and Behavioral Sciences 9, no. 19 (June 25, 2023): 185–99. http://dx.doi.org/10.52096/jsrbs.9.19.14.
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Discussions on the width of the national airspace have been a frequent topic on the agenda of Turkish-Greek relations after 1974. Discussions on this issue arise, in particular, from the difference between the width of the Greek national territorial sea and the width of its airspace. The rules of international law, while regulating the rights related to the sovereignty of the states, stipulated that the sovereignty of the state covers the territorial lands, the territorial seas forming the coasts of these lands, and the airspace over these regions as a whole. In short, the territorial sea border of a state and the width of its national airspace must be the same; It is accepted that the state has exclusive sovereign rights over these areas. Although airspace problems are not a problem that directly affects the relations between Turkey and Greece, they come to the fore at various times as a secondary problem among other problems. Airspace issues, which is a problem of international law, is a research subject that is suitable for obtaining many findings related to international politics. There are previous studies on this subject in Turkey. However, in this study, it has tried to deal with the issue from the perspective of international relations as much as possible. Keywords: Turkey, Greece, International Law, Airspace, Aegean Sea
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Tiwery, Zepty Fence, Irma Halima Hanafi, and Welly Angela Riry. "Pelanggaran Wilayah Udara Indonesia Oleh Pesawat Asing Menurut Hukum Internasional." Balobe Law Journal 4, no. 1 (April 30, 2024): 35. http://dx.doi.org/10.47268/balobe.v4i1.2046.
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Introductioan: Indonesian airspace violation committed by a foreign aircraft in the case of the forced landing of a Boeing 777 foreign cargo plane on January 14, 2019. The aircraft entered Indonesian airspace without permission or Flight Clearance (FC) so it had to be forcibly landed by the Indonesian Air Force at Hang Nadim International Airport, Batam, Riau Islands. Such violations are clearly contrary to applicable law.Purposes of the Research: Know the regulation of Indonesian airspace according to international law and how law enforcement in Indonesian airspace.Methods of the Research: Normative juridical which conducts research on law based on laws and regulations related to the problem under study. The research approach carried out is the concept approach, legislation approach and case approach.Results of the Research: The regulation of Indonesian airspace according to international law must use the provisions of international law such as the Chicago Convention of 1944 and Law No.1 of 2009, Government Regulation No.4 of 2018 and Law No.34 of 2004. Law enforcement in Indonesian airspace still experiences limitations and obstacles due to the fact that foreign aircraft can enter. Therefore, there are still many obstacles in surveillance and defense equipment because it does not have radar that has the ability to detect incoming foreign aircraft so that the TNI must coordinate first..
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Doroshenko, Dmytro. "Some issues of regulation of international flights by the legislation of Ukraine." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 498–502. http://dx.doi.org/10.36695/2219-5521.2.2020.98.
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The article reveals the interpretation of the concept of “international flights” in accordance with the legislation of Ukraine andsubstantiates the opinion that it is advisable to fix the corresponding definition in the provisions of the Air Code of Ukraine. In addition,the concepts of “legal regime of international flight” and “airspace of Ukraine” are analyzed, in particular, attention is paid to the problemsof establishing the boundaries of state sovereignty over airspace and various approaches to their solution and the author’s positionwith respect to this phenomenon are considered.In addition, the study of national legislation and international legal regulation of international flights provides an opportunity toidentify commonalities and differences and understand at what stage of the flight state legal regulation ceases to operate, and internationalnorms are gaining strength.The norms of international air law regulate the relations of states regarding the implementation of international flights by theiraircraft, which should be understood as flights through the airspace over the territory of more than one state. From the point of view of law, the sphere of international law covers two levels: 1) legal regulation of international flights in the airspace of a number of states;2) legal regulation of flights in international airspace. Each state independently determines the procedure for admission of foreign aircraftto its airspace. Such a permit system is the basis of the legal regime of the airspace of all states today, which is mandatory for bothscheduled and non-scheduled international flights.Note that no differences were found. The article also reveals the features of aviation and characterizes its types, which includecivil and state aviation. The author also examined the problems existing in the legislation of Ukraine in the field of safety of internationalflights and suggested possible solutions.
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Vodolaskova, Kateryna, and Svitlana Holovko. "HISTORICAL ASPECTS AND OVERVIEW OF LEGAL UNDERSTANDING OF AIRSPACE SOVEREIGNTY CONCEPT." Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" 1, no. 66 (March 31, 2023): 9–16. http://dx.doi.org/10.18372/2307-9061.66.17411.
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Goal: define different ideas of the concept of "sovereignty in aviation space" and consider the stages of development of the concept of airspace sovereignty in the context of the airspace bordering the territory of the state. Research methods: documentary analysis and synthesis, comparative analysis, cognitive and analytical, as well as methods of systematization and generalizations. Results: the analysis of legal acts of international significance in the field of aviation law, which determined the modern understanding of the concept of sovereignty in airspace, was carried out. Discussion: deep analysis made it possible to determine that the official recognition of airspace sovereignty under international law gave all states the right to establish rules and exercise sovereign control of any power over their sovereign airspace.
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Virág, Enikő. "International Air Law – Airspace Rules in Three Dimensions." Hungarian Yearbook of International Law and European Law 5, no. 1 (December 2017): 575–77. http://dx.doi.org/10.5553/hyiel/266627012017005001031.
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Otília Kiss, Krisztina. "Reopening the Upper Airspace over Kosovo for Civil Air Traffic: The Road Thereto." Air and Space Law 46, Issue 4/5 (September 1, 2021): 603–32. http://dx.doi.org/10.54648/aila2021034.
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Over twenty years have passed since the insurrection in Kosovo which ended with the introduction of the North Atlantic Treaty Organization (NATO), in June 1999. The establishment of the State of Kosovo has raised multiple questions and challenged public international law doctrines in different ways. The validity of unilateral State succession in the post-colonial era, the international legal personality of international intergovernmental organizations, and the exercise of sovereign rights by other entities than States are among the questions that the international community has had to contend with. The present essay elaborates the aviation law-related aspects of these challenges, more precisely the reopening of the upper airspace of Kosovo, with a special focus on the legal solutions of the Implementing Agreement Between Hungary and the International Security Force in Kosovo (KFOR) (Implementing Agreement Between the Government of Hungary and International Security Force in Kosovo (KFOR) for the Provision of Air Navigation Services (ANS) and Other Relevant Activities in the Designated Airspace over Kosovo as promulgated by Act No. CCXLVIII of 2013 on Promulgation of the Implementing Agreement Between the Government of Hungary and International Security Force in Kosovo (KFOR) for the Provision of ANS and Other Relevant Activities in the Designated Airspace over Kosovo.). airspace, sovereignty, NATO, Kosovo, Hungary
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Lamont, Christopher K. "Conflict in the Skies: The Law of Air Defence Identification Zones." Air and Space Law 39, Issue 3 (June 1, 2014): 187–202. http://dx.doi.org/10.54648/aila2014014.
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Air Defence Identification Zones (ADIZs), designated areas of non-territorial airspace where States impose reporting obligations on civil and military aircraft, constitute a highly contentious security practice, and in the absence of an international legal framework to regulate unilateral ADIZ declarations by States, find themselves increasingly contested with States advancing competing claims on the limits of their scope and reporting obligations. China's 23 November 2013 declaration of an East China Sea ADIZ highlights two important questions that arise from this contested security practice. The first question stems from conflicting positions on the extent to which States can impose reporting obligations on aircraft operating outside of territorial airspace, while the second question revolves around what, if any, impact the exercise of administrative control in airspace can have upon territorial claims advanced by States. In order to explore both of the above questions this article will provide an introduction to the practice and law of ADIZs before examining two distinct ADIZ regimes, those maintained by the United States and China. This article will observe that while international law does not prohibit States from declaring ADIZs in non-territorial airspace, it does prohibit States from restricting air navigation outside of territorial airspace and thus certain reporting requirements demanded on the part of States may extend beyond what is permissible under international law.
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Setiani, Baiq. "Konsep Kedaulatan Negara di Ruang Udara dan Upaya Penegakan Pelanggaran Kedaulatan oleh Pesawat Udara Asing." Jurnal Konstitusi 14, no. 3 (January 9, 2018): 489. http://dx.doi.org/10.31078/jk1432.
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Pengakuan dunia internasional akan wilayah udara sebagai bagian dari kedaulatan negara memberikan legitimasi yang kuat bagi Indonesia sebagai suatu negara yang luas. Namun kondisi ini dapat berubah manakala Indonesia tidak mampu menguasai wilayah kedirgantaraannya sebagai penopang ekonomi dan pertahanan nasional. Ditambah dengan masalah pelanggaran batas kedaulatan yang sering dilakukan oleh pesawat militer negara asing. Penelitian ini dilakukan dengan mengidentifikasi tiga permasalahan, yaitu (1) bagaimana konsep kedaulatan negara di ruang udara menurut hukum internasional dan peraturan perundangan nasional, (2) apa saja bentuk pelanggaran kedaulatan negara di ruang udara nasional, dan (3) bagaimana upaya penegakan atas pelanggaran kedaulatan negara di ruang udara nasional dalam menjaga pertahanan negara. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan (statute approach), pendekatan konseptual (conceptual approach), serta pendekatan perbandingan (comparative approach). Hasil penelitian menyimpulkan bahwa (1) baik hukum internasional dan peraturan perundangan nasional telah mengukuhkan kedaulatan negara di ruang udara yang bersifat penuh dan utuh (complete and exclusive), (2) sejumlah insiden pelanggaran izin masuk dan melintasnya pesawat-pesawat asing ke wilayah udara Indonesia, di mana kebanyakan dari pesawat asing tersebut adalah pesawat militer, dan (3) upaya penegakan atas pelanggaran kedaulatan di wilayah ruang udara nasional, antara lain penegakan hukum terhadap pelanggaran wilayah udara kedaulatan Republik Indonesia dan pelanggaran terhadap kawasan udara terlarang, baik kawasan udara nasional maupun asing.International recognition of airspace as part of state sovereignty gives strong legitimacy to Indonesia as a wide country. However, this condition can be changed when Indonesia can’t control the airspace territory as a pillar of the economic and national defense. The problem increase with several sovereignty violations where that often perpetrated by military aircraft of foreign countries. This research was conducted by identifying three issues, those are (1) how does the concept of state sovereignty over the airspace according to international law and national legislation, (2) what kind of state sovereignty violation over the national airspace, and (3) how does the enforcement efforts on state sovereignty violations in the national airspace maintaining the country’s defense. The method of this research used normative legal research with statute approach, conceptual approach, and comparative approach. This research concluded (1) both the international law and national legislation have confirmed the country’s sovereignty over the airspace are complete and exclusive, (2) number of incidents of breach entry and passage of the foreign aircrafts to Indonesian airspace, which most of the foreign aircraft are military aircraft, and (3) the enforcement effort of sovereignty violations over the national airspace is law enforcement against sovereignty violations over the Republic of Indonesia airspace and the violation of prohibited airspace, both of national and foreign airspaces.
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Gaveika, Artūrs. "THE INSTITUTIONAL COMPETENCE OF THE BORDER CONTROL OF THE AIRSPACE OF LATVIA." Latgale National Economy Research 1, no. 5 (October 21, 2013): 84. http://dx.doi.org/10.17770/lner2013vol1.5.1153.
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This paper reflects the problematic issues regarding the legal framework of Latvian airspace border control. Currently the legal framework in relation to airspace border control in Latvia is rather confusing and incomplete since there is no specific division between responsibilities of certain authorities and compliance to international airspace regulations as well as the competence of the NATO in the control of national airspace regime. Therefore it is essential to evaluate the functions and available resources of the State Border Guard as a law enforcement institution within the context of Border Guard law regarding the responsibility of the State Border Guard together with National Armed Forces in prevention and repelling of attacks on the airspace of the territory of Latvia.
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Su, Jinyuan. "Is the Establishment of Air Defence Identification Zones Outside National Airspace in Accordance with International Law?" European Journal of International Law 32, no. 4 (November 1, 2021): 1309–34. http://dx.doi.org/10.1093/ejil/chab088.
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Abstract Whereas the right of a state to establish an air defence identification zone (ADIZ) in national airspace falls squarely within its sovereignty, the question whether coastal states may claim such zones outside national airspace remains a matter of controversy. The latter category, referred to as ‘offshore ADIZs’, usually do not amount to sovereignty claims over the open airspace outside national airspace or involve threat or use of force. The right of coastal states to identify aircraft in the open airspace near coastal areas has arguably become part of customary international law. This customary right, however, only extends to ‘passive identification’ by radar detection, radio communication or close visual checks, which thus is only capable of justifying the establishment of offshore ADIZs for this purpose. The identification of aircraft in offshore ADIZs, through either voluntary or passive measures, is nevertheless within the parameters of the obligation of paying due regard to the freedom of overflight. This explains why ‘passive identification’ is ‘permissible’ under customary international law, while ‘voluntary identification’ is at least ‘tolerated’ albeit in the absence of a permissive customary rule.
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Vrbaski, Lazar. "Liability of Air Navigation Service Providers: Towards an International Solution." Air and Space Law 38, Issue 1 (February 1, 2013): 33–46. http://dx.doi.org/10.54648/aila2013003.
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The rapid growth of air traffic is inevitably leading to congested skies, which may cause more flight delays, and more alarmingly, jeopardize the safety of air navigation. For this reason, the provision of air navigation services is undergoing constant modernization, necessitating a solid legal framework. This paper examines the adequacy of the current legal framework, characterized by predominantly national regulation, with respect to traditional and cross-border arrangements for the provision of air navigation services. The Single European Sky legislative package, while reconfiguring European airspace into functional airspace blocks, does not address the liability of air navigation service providers. As will be discussed in this paper, complex cross-border services provision scenarios, such as those envisaged by the Single European Sky project, require a clear liability framework, which, in our view, would best be achieved through lawmaking on the regional level. This could serve as a basis for an international convention which would be desirable, should concepts such as the Single European Sky develop in other regions of the world.
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Hardianti, Hardianti, Irma Halimah Hanafi, and Welly Angela Riry. "Pengaturan Tentang Penerbangan Komersial Dan Tanggung Jawab Negara." TATOHI: Jurnal Ilmu Hukum 3, no. 10 (December 30, 2023): 962. http://dx.doi.org/10.47268/tatohi.v3i10.1958.
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Introduction: In transportation activities, the risk of an accident is an unavoidable thing so that unification of arrangements regarding this matter is an absolute thing to do.Purposes of the Research: This study aims to find out and examine how the regulation regarding the flight of commercial aircraft in the air space of a country is reviewed from international law and how the form of state responsibility when a commercial aircraft is shot down is reviewed from international law Methods of the Research: This writing uses a normative type of legal research, which is carried out by studying theories, concepts, legal principles, and laws and regulations. In this study, the author used 2 approaches, namely the statutory approach, and the case approach.Results of the Research: The results showed that the International air law Regulation related to the parties' obligation to regulate the safety of commercial flights crossing its airspace must be in accordance with the Chicago Convention of 1944. These arrangements are made so that flights that cross the airspace of other countries can be kept safe and secure. Iran's shooting down of Ukrainian plane PS752 has violated provisions in the 1944 Chicago Convention on its airspace in an armed dispute. Therefore, Iran must take responsibility for this incident. In the future, firmness and increased cooperation with various parties are needed so that safety and security in international flights and national flights can be achieved.
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Hanafi, Irma Halimah. "Analisis Kasus Penembakan Pesawat Udara Ukraina oleh Militer Iran." Balobe Law Journal 1, no. 2 (October 28, 2021): 91. http://dx.doi.org/10.47268/balobe.v1i2.651.
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Introductioan: Aviation is an activity that many people are interested in at this time, because it can cover one place in a fast time. In international law, aviation is divided into civil aviation and military aviation. The shooting down of the Ukrainian plane by the Iranian military is a unique case because the one shot was a scheduled civilian plane flying over the airspace of a country that is at war or armed conflict.Purposes of the Research: Therefore, the purpose of this paper is to analyze in depth how international air law regulates the shooting of civilian aircraft in the airspace of countries that are in situations of war or armed conflict.Methods of the Research: by using normative legal research methods that use secondary data consists of primary, secondary and tertiary legal materials with a statutory approach and historical approach.Results of the Research: The result of this paper is that the shooting of a civilian aircraft gives a lesson that in situations of war and armed conflict, Countries involved in war or armed conflict should establish a no-fly zone in their airspace and notify the international community about their country being in a state of war or armed conflict.
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Nisa, Candra Ulfatun, and Hari Sutra Disemadi. "Yurisdiksi Kriminal Terhadap Black Flight Di Ruang Udara Wilayah Indonesia." SASI 26, no. 3 (September 8, 2020): 365. http://dx.doi.org/10.47268/sasi.v26i3.289.
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The state in its capacity as one of the subjects of international law, has the rights and obligations associated with sovereignty. The state is free and independent to exercise its sovereignty rights in full but also has an obligation to pay attention to its limits in not exercising its sovereignty in the territory of other countries. Regarding the sovereignty of the territory of the Republic of Indonesia, even though it has clearly established its boundaries and has been recognized by international law, violations of sovereignty territories often occur that are not intentional or intentional to achieve certain goals. One of them is a violation of the sovereignty of Indonesian airspace, namely black flight. The method of research using the normative juridical approach, with descriptive research specifications. The results of this study are that Indonesia's sovereignty over its national airspace boundaries is full, exclusive and fully closed to foreign aircraft or aircraft belonging to other countries. With regard to black flight, Indonesia by TNI-AU carries out criminal jurisdiction with a lighter action preceded in the form of a warning to get out and immediately leave the Indonesian airspace, to the more severe act of forcing a landing.
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Cherevatiuk, Viktoriya, and Givi Lobzhanidze. "SUBORBITAL AND COSMIC SPACES LEGISLATIVE DIVISION PROBLEM IN INTERNATIONAL AIRSPACE LAW (GEORGIA - UKRAINE)." Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" 3, no. 60 (September 30, 2021): 9–16. http://dx.doi.org/10.18372/2307-9061.60.15947.
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Purpose: the purpose of the scientific article is to reveal the main problems associated with the legal regulation of suborbital space. Attention is paid to the problem of suborbital flight organization and the legal regime of air and space international navigation. Methods: to achieve a certain goal were used general and special scientific (special) methods: analysis, synthesis, induction, deduction, abstraction, concretization, generalization, etc. Results: it is important to consolidate the international legal treaty on the delimitation of air, space and suborbital spaces, which will contribute, in particular, to the progressive development of international space law, as well as to ensure proper international space law. Space borders are as untouchable as land and sea borders. Each state gains the right to defend its air space from the illegal irruption of the other countries’ aircrafts. The issue of the delimitation of borders between the air space (sovereign and international) and cosmic space is discussed in the UN Organizations committee. Discussion: today the issue of regulating the provisions of international law, which would legalize the existence and separation of space tourists from astronauts, define them as space tourists, regulate the legal status and general features of the legal regime of their activities.
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Pramono, Agus. "AIR SOVEREIGNTY AND NO-FLY ZONES." Diponegoro Law Review 1, no. 1 (October 7, 2016): 99. http://dx.doi.org/10.14710/dilrev.1.1.2016.99-112.
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Sovereignty of a state in essence is an embedded, basic element of a state as a supreme power. However, the sovereignty of a state can only be applied within its own borders, where outside of its own territory the sovereignty of another country takes over. This research was carried out based on the approach of current legal regulations and review of literature. The study showed that airspace sovereignty is, in principle, embedded to a state of which ownership is exclusive in nature. No-fly zones are airspace in which a sovereign state determines to be restricted for flight traffic based on the existing international and national regulations. Keywords: State sovereignty, No-fly zone, International law
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Macpherson, Ewen. "Is the World Ready for Drones?" Air and Space Law 43, Issue 2 (April 1, 2018): 149–78. http://dx.doi.org/10.54648/aila2018011.
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Remotely Piloted Aircraft (RPA) are revolutionizing the world. RPA, Unmanned Aerial Vehicles (UAVs), Unmanned Aircraft Systems (UAS) or ‘drones’ present many new opportunities for a diverse range of industries and practices. Drones are a new way for a closer societyaviation relationship, transportation of goods and data gathering. These opportunities present corresponding challenges: safety around people, infrastructure and other airspace users; privacy, and international uniformity. It is only a matter of time before drones will need integration with non-segregated airspace. Very soon drones could make international flights, particularly in regions with many countries in close proximity (e.g. Europe, South East Asia). Despite these exciting prospects, drone technology is outpacing national and international law. International aviation regulations are governed by the Chicago Convention 1944 and administered by the International Civil Aviation Organization (ICAO). Countries around the world are waiting for the first drone Standards and Recommended Practices (SARPs) from ICAO due in 2018. In the meantime, countries have received from ICAO a 2011 Circular Advisory, the 2015 Manual on Remotely Piloted Aircraft Systems (RPAS’) and Annex 2 Appendix 4 of the Chicago Convention. Working with this limited guidance, research to date on New Zealand, the United States and Singapore demonstrates great divergence in regulatory approaches and overall shows current State drone regulations are inadequate or failing on the current concerns. Therefore, clear guidance and uniformity is needed from ICAO.
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Lee, Sanghoon. "Back to Air in Disarray?: Disparity in Practices and Interpretations on ADIZs Disrupting the Safety of Civil Aviation." Journal of Air Law and Commerce 87, no. 2 (2022): 271. http://dx.doi.org/10.25172/jalc.87.2.3.
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The interconnectivity of civil aviation has been long praised with the success of the International Civil Aviation Organization (ICAO) in harmonizing navigation standards and procedures, along with the utilization of Flight Information Regions (FIRs). However, continuing geopolitical tensions with different implementations of Air Defense Identification Zones (ADIZs) have belittled the technical achievement. Among different State practices, some ADIZs have expanded beyond territorial airspace and even overlapped with other FIRs, requiring overflying air- craft to submit flight plans and abide by procedures separate or in addition to air traffic control obligations. The purpose of this Article is to review the ongoing political tensions that are common in issues with ADIZs beyond territorial airspace and to explore different legal schemes put forth by States. While there is no prevailing rule of law that defines the scope and procedure of ADIZs, this Article further revisits the due regard principle under international law and State practices beyond territorial airspace. Due to its reciprocal characteristic, this principle does not solely advocate for the coastal State to arbitrarily put limitations on the freedom of flight beyond its territorial airspace. Rather, the established FIRs have already given considerable certainty and accountability to the overflown State, where the principle also directs both the overflying and overflown States to actively engage in communication and practices involving liaisons. This principle envisions regional confidence-building measures on aerial communication and the technical leadership of ICAO to support these States in reducing the relational gap and facilitating civil–military cooperation.
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Sopamena, Chairussani Abbas. "THE GLOBAL IMPACT OF RUSSIAN AEROSPACE CLOSURE." Jurnal Dinamika Global 7, no. 01 (June 28, 2022): 161–77. http://dx.doi.org/10.36859/jdg.v7i01.984.
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The war between Russia and Ukraine has a long tail and has spawned sanctions between countries. Aggressive Russia has taken the decision to close their airspace for many countries which became a policy that brought the world back to the similar conditions that happen in the cold war era. This article is written to answer the question, what is the impact of the closure of Russian airspace on the airline industry and the world economy? With using realism and structural functionalist approach this research shows that Russia's actions are taken to as a way deter other countries which support Ukraine. Thus, it is a clear indication that the existing international institutions along with their international law are indeed failed in dealing with the tendency of states (Russia) to act aggressively and halt their misconduct on their international interactions.
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Wijayanto, Setiawan, I. Wayan Midhio, and Afrizal Hendra. "Optimization of the Universal Defense System with Strengthening Air Sovereignty in the Republic Of Indonesia." IAR Journal of Humanities and Social Science 3, no. 01 (February 28, 2022): 66–72. http://dx.doi.org/10.47310/iarjhss.2022.v03i01.010.
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The international recognition of airspace as part of state sovereignty provides strong legitimacy for Indonesia to fully and exclusively regulate its air space. Unfortunately, this has not been done optimally by Indonesia, which can be seen from the lack of adequate facilities, infrastructure and human resources that affect the ability to maintain national airspace sovereignty. Even though the regulation regarding regional borders has been clearly regulated through the 1944 Chicago Convention. Based on these problems, the purpose of this study is to identify and analyze efforts to strengthen airspace sovereignty that can be done by Indonesia in order to maintain the sovereignty of the Indonesian state. This study uses a descriptive qualitative approach by collecting secondary data sources through literature study. From the review conducted, it was found that the efforts that can be made by the Indonesian government to strengthen the sovereignty of the airspace of the Indonesian state are by optimizing aspects of the universal defense system in accordance with Law no. 3 of 2002, which was then followed by a strategy of strengthening airspace sovereignty in the form of improving and optimizing the resources owned.
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Purwanto, Harry. "Safeguarding the National Airspace of Indonesia under the Framework of International Air Law." Jurnal Hukum Novelty 12, no. 2 (October 5, 2021): 191. http://dx.doi.org/10.26555/novelty.v12i2.a18528.
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Pradana, Muhamad Reza Ichsan, Lina Rosmayanti, and Dwi Lestary. "Providing Air Traffic Services to Unmanned Aircraft Vehicles in Banda Aceh’s Airspace." Proceeding of International Conference on Artificial Intelligence, Navigation, Engineering, and Aviation Technology (ICANEAT) 1, no. 1 (January 15, 2024): 81–85. http://dx.doi.org/10.61306/icaneat.v1i1.185.
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Nowadays, aircraft are becoming more and more important and talked about due to the rapid development of aircraft in the past few decades. In addition, we must also remember that this aircraft is an important object under air law. Aircraft that were once the result of modifications from hot air balloons have now far developed into aircraft that can be flown remotely, or currently known as drones. Even with the rapid development of drones in the last few decades, it cannot be matched by the progress of air law arrangements both internationally and nationally. With such conditions, both international air law and national air law have not been able to fully guarantee flight safety (safety first), which is the spirit of aviation as contained in the 1944 Chicago Convention, which states that the convention mandates that the growth of safe and orderly international civil aviation be guaranteed. The 1944 Chicago Convention obliges the state to ensure flight safety, including Indonesia. The intended flight safety is where every flight must be guaranteed safety by the country concerned, including civil aviation, military aviation, and drone flights or unmanned aircraft, because their operation using remote pilots has the potential to cause accidents.
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Lykhova, Sofiia, and Natalya Semchuk. "SOME FEATURES OF AVIATION CRIMES DURING MARTIAL TIME." Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" 2, no. 63 (June 30, 2022): 18–22. http://dx.doi.org/10.18372/2307-9061.63.16704.
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The purpose of this article is to analyze aviation crimes in martial time and develop theoretical and practical recommendations to combat this phenomenon. Methods: general and special scientific methods were used to achieve this purpose. The use of these methods allowed to outline the problems of combating of aviation crimes from a criminal law point of view and to offer practical recommendations for combating this phenomenon. Results: during the preparation of the article, martial state was declared in Ukraine in connection with the attack of the Russian Federation. Contrary to international law, Russia has not officially declared war on Ukraine. In Ukraine war crimes introduced additional responsibility only for the Ukrainian military, there are special features of qualification. As Ukraine has now closed the airspace to all aircraft except Ukrainian state military aircraft, all Russian military pilots who perform combat sorties in Ukrainian airspace are liable both as ordinary airspace violators and as criminals against humanity. The article considers 3 main situations of war aviation crimes: investigation; flight with ammunition; bombing of non-residential buildings and bombing of civilian objects from the point of view of the criminal law and given practical recommendations on the possible qualification of such actions under the laws of Ukraine.
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Tian, Yong, Bojia Ye, Lili Wan, Minhao Yang, and Dawei Xing. "Restricted Airspace Unit Identification Using Density-Based Spatial Clustering of Applications with Noise." Sustainability 11, no. 21 (October 26, 2019): 5962. http://dx.doi.org/10.3390/su11215962.
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This paper first calculates the departure delay and arrival delay of each flight by mining historical flight data. Then, a new method based on density clustering for identification and visualization of restricted airspace units that considers this activity is proposed. The main objective is to identify the restricted airspace units by calculating the average delay time according to the accumulative delay time of airspace units and the accumulative delay flight. Therefore, the density-based spatial clustering of applications with noise (DBSCAN) clustering method is utilized to match the latitude and longitude coordinates of each spatial domain unit with its delay time to construct a feature matrix, and then clustering analysis is conducted according to the time period. The method aims at identifying the most severe restricted units in each period. The reliability and applicability of the proposed method are validated through a real case study with flight information from Beijing Capital International Airport, Hongqiao International Airport, and Baiyun International Airport during a typical day. The investigation shows that the DBSCAN clustering method can identify the restricted spatial units intuitively on the six flight paths between Beijing Capital International Airport, Hongqiao International Airport, and Baiyun International Airport.
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Arnold, Kinga, Iván Arnold, and Zoltán Papp. "The Difficult Present and Uncertain Future of the Single European Sky Network Manager: The Challenges We Are Facing and Why They Matter." Air and Space Law 42, Issue 2 (April 1, 2017): 185–213. http://dx.doi.org/10.54648/aila2017014.
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In order to ensure the safe and continuous flow of air traffic in European airspace, while avoiding congestion and minimizing delay and the impact on the environment, the Member States of EUROCONTROL have been jointly providing a centralized flow management function to airspace users for more than twenty years, through the Central Flow Management Unit and, more recently, the Network Manager. The future arrangement of this key function has lately become the subject of intensive discussions and some controversies. The parallel legal bases in EU law and international public law, the dual governance arrangements, and the differing views of the stakeholders on the future organization of the function, create a complex environment and pose a challenge for industry stakeholders, Member States of the EU, and EUROCONTROL. While the discussions have been going on for a considerable time, the legal aspect remains obscure and is a topic that is usually avoided. We suggest that clarification of the legal issues relevant to the central flow management/network management function is crucial for finding a lasting solution. We consider that the parallel legal bases in EU law and international public law should be reconciled. We will attempt to identify the basic questions that need to be considered going forward. We will also briefly address the relevance of the new legal concept of ‘industrial partnerships’ of the SES 2 proposal.
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Gaveika, Arturs. "THE REPUBLIC OF LATVIA WITHIN THE DIMENSIONAL FRAMEWORK OF INTERNATIONAL LEGAL SUBJECT." Latgale National Economy Research 1, no. 7 (October 21, 2015): 58. http://dx.doi.org/10.17770/lner2015vol1.7.1180.
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In operations of public administration, and especially law enforcement agencies, a particular understanding of the definition of national territory is necessary, especially having in mind the various sovereignty differentiation of national territory into sea areas and airspace, resulting from the modern international and European Union law and which would not be contrary to Article 3 of the Constitution generally determining the meaning of the Latvian State territory. Sometimes the national territory is understood as land or water surface. But setting national borders and border treaties and the national regulatory framework of the state border concept, states include the concept of national borders within their jurisdiction spread in space – technical capabilities of land and deep-water in depth and in airspace to the space limit. The main purpose of the research was to analyse the Latvian national framework of legal subject or international and national regulatory frameworks of territory and to offer a clearer and more comprehensive definition of the national territory. The author developed the dimensional framework definition of national territory in the result of research that would be necessary in the national regulatory framework in the context of national security and not in conflict with the international regulatory framework.
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Baitukayeva, Baitukayeva Dana Umirbekovna, and Philippe Achilleas. "INTERNATIONAL LEGISLATIVE EXPERIENCE IN THE SPHERE OF REGULATION OF AIRSPACE AND OUTER SPACE LEGAL REGIME." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 2, no. 73 (June 30, 2023): 168–75. http://dx.doi.org/10.52026/2788-5291_2023_73_2_168.
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The article considers the experience of regulating the established legal regime for the use of airspace and outer space from the point of view international law norms and legislation of the Republic of Kazakhstan and other countries. During the research of this issue, legal norms were analyzed, as well as the features of the legislations development in these fields. The boundary of space is given increasing importance because air law and space law have differences in their rules. These branches of international law are based on different principles and have different legal regimes. And these differences must be taken into account, in connection with new developments in space operations, including space tourism (flights), and the increasingly ambitious and far-reaching programs of some space powers. The relevance of the subject matter is determined by the risen interest of the majority of states in the world to the use of these areas for commercial purposes and more recently for military purposes. These processes have created new legal challenges to space law. This study reveals the need to adopt specific legal provisions in the field of exploration and use of outer space. As a result of the rapid pace of technological development, as well as taking into consideration the trends in developing commercial space activities, it became necessary to adopt international documents, specific legal provisions regarding the control of the activities of states in this sphere. The study also concludes, that the current airspace concept, needs to be updated in terms of its flexibility and adaptability to current changes.
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Siraji, Hafizh. "The Sovereignty of the Air Space and Its Protection in the Perspective of International Law: Some Aliens Intervention in Southeast Asian Countries." International Law Discourse in Southeast Asia 1, no. 2 (July 31, 2022): 159–84. http://dx.doi.org/10.15294/ildisea.v1i2.58397.
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State sovereignty in international law is not a solution, in the international world as a legal entity that acts as a subject of international law. This also happens between one country or another, which can then be announced the deeds agreed to by each country are not appropriate, because they must be approved by the deeds of other countries or we can call it the Relativity of State.There are three thoughts in understanding the concept of state sovereignty over developing air space. The first is that air space cannot be used or used by anyone because in principle, the state does not have sovereignty. Secondly, special rights such as freedom of air that do not limit the height of the airspace boundary are obtained by the State of the Netherlands. And finally, the principle that the state has freedom of airspace, but there is a territory or territorial zone that gives certain rights to the under the state that can be implemented. This research has the purpose of being able to know and analyze how the regulation and accountability of the state in an effort to protect and maintain the country's sovereignty over air space viewed from the perspective of international law. The research method used in this study is the normative juridical library method, where this normative juridical research is a study using literature with primary data such as laws and regulations, the scientific work of scholars, as well as from several books. Then it will be explained or described in a deductive description supported by literature study. Based on the results of research and discussion, we can find out that the thinking on the concept of state sovereignty territory starts from the three theoretical ideas mentioned earlier. Then put together in international agreements as stated in the 1944 Chicago International Civil Aviation Convention especially the definition of state sovereignty over air space, paragraph 1 which reads "the contracting states recognize that every state has complication and exclusive sovereignty over the airspace above its territory". The state is fully responsible for the maintenance and protection of the country's sovereign territory over air space.
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Su, Jinyuan. "The Practice of States on Air Defense Identification Zones: Geographical Scope, Object of Identification, and Identification Measures." Chinese Journal of International Law 18, no. 4 (December 1, 2019): 812–35. http://dx.doi.org/10.1093/chinesejil/jmaa001.
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Abstract This note provides a survey of the practice of States on ADIZs. It is found that while some ADIZs are entirely within territorial airspace, most extend beyond the outer limit into the airspace above the EEZs and even the high seas; and in the part beyond territorial airspace, transiting aircraft are prevalently subject to identification. Transiting military aircraft, which most of the time refuse to identify themselves voluntarily by submitting a flight plan or reporting their positions, may nevertheless be identified passively through radar detection, radio communication or close visual check. As most ADIZs are within the claiming State’s FIRs, transiting civil aircraft can be identified “unconsciously” through civil air traffic control. Where an ADIZ extends beyond the claiming State’s FIRs, most transiting civil aircraft comply with voluntary identification measures, presumably due to the light extra burden incurred. The non-compliant are easy to identify through passive means such as radar detection and radio communication, with the use of close visual check highly unnecessary.
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Hackett, Jim. "Onboard Electronic Fraud: Piracy in the Twenty-First Century?" Air and Space Law 36, Issue 6 (December 1, 2011): 453–76. http://dx.doi.org/10.54648/aila2011042.
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Internet access is available on some international flights; this will become more commonplace in the future. Internet frauds abound. Already, most personal banking is performed using the Internet; it is easy to transfer funds from one account to another, including from a personal or trust account to that of a fraudster. For example, if a trustee who is both an Australian citizen and a Hong Kong permanent resident, on board an aircraft (Cathay Pacific, Virgin Atlantic, or Qantas) in international airspace flying from Hong Kong to Australia, uses a personal computer to access an Australia-based trust account and (while unauthorized) transfers money to a personal account, has the trustee committed any crime for which he/she may be arraigned in any jurisdiction? It will be argued that the answer may be 'no'. What if the trustee is flying Cathay Pacific? This is partly because the law of Hong Kong insists that Hong Kong has jurisdiction over acts committed by persons aboard Hong Kong-registered aircraft yet does not recognize Internet activity of the type indicated above as a crime if the perpetrator is in international airspace. Similarly, if the trustee is on Virgin Atlantic, the United Kingdom claims jurisdiction and holds that no crime has been committed unless a trust fund based in the home country has been plundered. However, the (Australian) Criminal Code 1995 (Cth) (hereinafter 'the Code') appears to forbid the type of fund transfer mentioned (whether the trustee is on Cathay Pacific, Virgin Atlantic, or Qantas); it thus seems at first blush that the trustee has committed a crime in Australia. The problem is that a Commonwealth prosecutor cannot (it is submitted) access the Code, because the Crimes (Aviation) Act 1991 (Cth) (promulgated earlier in time than the Code) effectively states that no non-violent act in which a person engages on an Australia-bound aircraft (Qantas or otherwise) in international airspace after takeoff from a foreign country is a crime. On such a flight, the Code is inapplicable. The maxim generalia specialibus non derogant is relevant. One solution is that concerned States should draft and sign a treaty that puts national law to one side to ensure that modern-day pirates (such as the errant trustee) are nowhere safe. Similar treaties are already in force to deal with high-seas pirates and aircraft hijackers; the meaning of piracy requires expansion in the twenty-first century.
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Kusumaningrum, Adi. "Recent Development in International Treaties Relating to Aviation: New Standardization of International Air Law." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 02 (2020): 268–88. http://dx.doi.org/10.22304/pjih.v7n2.a7.
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Globalization is identified with the development of treaties into national domain law. Initially, such treaties did not appear as legal regulations but as standard/harmonized-setting for member states. Since the establishment of Chicago Convention on Civil Aviation, 1944, treaties on aviation keep developing well both on the aviation operational technique and economic aspect. Those treaties nowadays have turned into the source of international aviation law. Treaty has been one of the bases of domestic law for almost nations in the world. As a result, the global requirements need to be adjusted into national law of states. States are bound both legally and politically to verdicts of International organizations. The process of regulation and decision making in International organizations should be based on democratic procedures of member states either in the construction of final draft or in negotiation and arrangement of regulation or resolution drafts. Specifically, this article discusses recent development of international treaties relating to aviation from both operational and economic aspects. Following Assembly 39th Session, ICAO, member states of ICAO, including Indonesia, made several multilateral agreements. The ratification of International treaties should consider the effects on legal, political, and security aspects. For Indonesia, one of the aspects that should never be neglected is strategic airspace, both geographically and geopolitically.
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Kusumaningrum, Adi. "Recent Development in International Treaties Relating to Aviation: New Standardization of International Air Law." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 02 (2020): 268–88. http://dx.doi.org/10.22304/pjih.v7n2.a7.
Full textAbstract:
Globalization is identified with the development of treaties into national domain law. Initially, such treaties did not appear as legal regulations but as standard/harmonized-setting for member states. Since the establishment of Chicago Convention on Civil Aviation, 1944, treaties on aviation keep developing well both on the aviation operational technique and economic aspect. Those treaties nowadays have turned into the source of international aviation law. Treaty has been one of the bases of domestic law for almost nations in the world. As a result, the global requirements need to be adjusted into national law of states. States are bound both legally and politically to verdicts of International organizations. The process of regulation and decision making in International organizations should be based on democratic procedures of member states either in the construction of final draft or in negotiation and arrangement of regulation or resolution drafts. Specifically, this article discusses recent development of international treaties relating to aviation from both operational and economic aspects. Following Assembly 39th Session, ICAO, member states of ICAO, including Indonesia, made several multilateral agreements. The ratification of International treaties should consider the effects on legal, political, and security aspects. For Indonesia, one of the aspects that should never be neglected is strategic airspace, both geographically and geopolitically.
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Betts, Richard K. "Striking First: A History of Thankfully Lost Opportunities." Ethics & International Affairs 17, no. 1 (March 2003): 17–24. http://dx.doi.org/10.1111/j.1747-7093.2003.tb00414.x.
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It is unlikely that George W. Bush feels constrained by international law when deciding whether to use military force abroad. Nevertheless, many of the United States' allies are reluctant to cooperate with and participate in military actions that cannot reasonably be justified under international law. And supportive allies, while perhaps not strictly necessary to the United States in its recent and foreseeable military campaigns, do make the military option easier to pursue. A war against Iraq would be difficult without access to bases and airspace in countries as diverse as Turkey, Saudi Arabia, Germany, and Canada. For this reason, at least, it would seem to be worth the president's while to adhere to international law where possible and, where this is not possible, to seek to change the rules.
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Florea, Dumitrita, and Narcisa Gales. "Affirming the Principle of Good Neighborliness in International Relations." Logos Universality Mentality Education Novelty: Law 8, no. 2 (December 12, 2020): 01–10. http://dx.doi.org/10.18662/lumenlaw/8.2/40.
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The territory is the fundamental part of a state. It is the geographical space where a state exercises its full sovereignty, asserts its authority and possesses its national resources and wealth. A state territory is a land area under the sovereignty of a given state, in other words, an area in which the state exercises supreme power and which it controls, organizing itself in an administrative relationship and establishing its legal regime. One of the components of a state's sovereignty is its territorial supremacy. The nature of the territorial supremacy of state sovereignty and of the state as a whole cannot be derived from any legal category. The territory of a state includes the land, inland waters and the territorial sea, the airspace above the state. There are also international rivers, streams and canals, which may lie within the territory of one or more states. An international territory is an area of international law which is not subject to the sovereignty of any state and which is open to all states in accordance with international legal standards, the airspace above it as well as over an exclusive economic zone, the seabed and ocean floor outside the country, outer space including the Moon and other celestial bodies.
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Abu-Bonsra, Nana Agyeman. "Summary Report of the International Institute of Air and SpaceLaw’s (IIASL) International Air Law Conference on Aviation Cybersecurity, Leiden, Netherlands on 11 th of May 2023." Air and Space Law 48, Issue 4 /5 (September 1, 2023): 515–26. http://dx.doi.org/10.54648/aila2023057.
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This report provides an overview of the International Institute of Air and Space Law's (IIASL) International Air Law Conference on Aviation Cybersecurity held in Leiden, Netherlands, on May 11th, 2023. The conference focused primarily on aviation cybersecurity, highlighting major insights and emerging trends in safeguarding the safety and security of the airspace within the context of cybersecurity. The conference assembled scholars, experts, policymakers, regulators, industry players as well as students to address the growing challenges and threats posed by cybersecurity in the aviation sector. The report consolidates the discussions, presentations, and keynote addresses from the conference, highlighting international perspectives, solutions, oppor- tunities and developments in the cyberspace and their impact on the aviation sector. Furthermore, it emphasizes the importance of all stakeholders implementing and adhering to measures in a bid to protect aviation infrastructure and operations. aviation cybersecurity,cyberthreats,challenges,aviationsafety,aviationsecurity
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Erotokritou, Chrystel, and Sofia Michaelides-Mateou. "Flying into the Future with UAVs: The Jetstream 31 Flight." Air and Space Law 39, Issue 2 (April 1, 2014): 111–29. http://dx.doi.org/10.54648/aila2014009.
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In April 2013, the first Remotely Piloted Aircraft System (RPAS) with two persons on board flew 500 miles in the non-segregated United Kingdom airspace at the same time as other commercial flights were being operated. On that day a new chapter in aviation history was written. This revolutionary flight reflects the rapidly expanding use of RPAS for civilian use and simultaneously raises several complex legal issues. The safe and legal operation of an aircraft is a complex task and even more so in cutting edge technological developments which thrust aviation into a new era. Proposed legislative enactments in Europe and in the United States are paving the way for the imminent integration of RPASs into non-segregated airspace by 2015 and 2016 respectively. The aim of this paper is to outline some of the complexities inherent in the operation of this pioneering flight related to, inter alia, safety, security, liability and insurance, privacy and protection of third parties. Furthermore, the paper highlights lacunae in the current legal framework and lastly, suggests possible ways to address these issues at the international, European and national level.
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Kaiser, Stefan A. "Legal Considerations about the Loss of Malaysia Airlines Flight MH 17 in Eastern Ukraine." Air and Space Law 40, Issue 2 (April 1, 2015): 107–21. http://dx.doi.org/10.54648/aila2015010.
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On 17 July 2014, Malaysia Airlines flight MH 17 from Amsterdam to Kuala Lumpur was lost in the Donetsk Oblast, Ukraine, while cruising at an altitude of 33,000 feet. All 298 persons on board were killed. Although the investigation is still ongoing, it can be deemed certain that the aircraft was downed as the result of the current armed conflict in Eastern Ukraine. The case of MH 17 shows how the established international order for the safe, regular and efficient navigation of international civil aviation can crumble, if a State cannot warrant its international obligations. The Chicago Convention1 is built upon the monolithic principle of State sovereignty. However, when a State cannot fully exercise its executive control over its entire territory, there are serious effects on the protection of civil aviation, aircraft accident investigation and the closing of airspace for security purposes.
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Mukti Setiyawan, Wahyu Beny, Nurul Hidayah, and Andi Chaerul Sofyan. "Urgensi Penerapan Interdependent Airspace Governance Untuk Optimalisasi Tata Kelola Ruang Udara Nasional Sebagai Antisipasi Open Sky Policy." Wajah Hukum 4, no. 2 (October 19, 2020): 494. http://dx.doi.org/10.33087/wjh.v4i2.252.
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Indonesia as an archipelago state has a national airspace of 5,180,053 km². Indonesia's airspace is located in a strategic position between the continents of Asia and Australia which makes Indonesia one of the busiest air routes in the world. Therefore, the management of air space is a vital matter that must be emphasized through various legal instruments. The sovereignty of Indonesian air space is affirmed in Article 49 paragraph (2) of the 1982 International Law of the Sea Convention which was ratified by Law Number 17 of 1985 concerning Ratification of the United Nations Convention on the Law of the Sea. This article explicitly regulates the legal status of archipelagic waters, air space over archipelagic waters and the seabed as well as the land below. So far, territorial sovereignty that is complete and exclusive is regulated in Law Number 1 of 2009 concerning Aviation, but it does not specifically regulate the boundaries of Indonesia's sovereign air space, either vertically or horizontally. The national airspace of a country is completely closed to foreign aircraft, both civilian and military, so it must be with the permission of the underworld, either through bilateral agreements or multilateral agreements, so that a country's national air space can be traversed by foreign aircraft. Such closed nature can be understood considering that air space is a very vulnerable medium of movement when viewed from the point of view of under-state defense and security. Attacks using aircraft have many advantages and conveniences that can exploit the vulnerability of an air space, such as its fast (speed), wide range, surprise, optimal penetration. This is what prompts each country to adopt its national airspace protection standards which are strict and rigid. Flights between countries are fully regulated through the Bilateral Air Transport Agreement (BATA). Without BATA, the state cannot provide air transportation services to a country. BATA itself is a form of implementation of state sovereignty in air space that is complete and exclusive in the midst of globalization challenges, such as aviation liberalization (Open Sky Policy). Referring to the Open Sky Policy, this policy allows air carriers to make decisions on routes, capacities, prices and various options for flight activities.
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Meredith, Pamela Louise. "The Legality of Launch Vehicle Passage Through Foreign Airspace." Nordic Journal of International Law 54, no. 1-2 (1985): 19–32. http://dx.doi.org/10.1163/187529385x00165.
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Dutton, Peter A. "Caelum Liberum: Air Defense Identification Zones Outside Sovereign Airspace." American Journal of International Law 103, no. 4 (October 2009): 691–709. http://dx.doi.org/10.1017/s0002930000159834.
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Gudev, P. "The Aegean Sea of Contradictions (Part I)." World Economy and International Relations 65, no. 10 (2021): 142–51. http://dx.doi.org/10.20542/0131-2227-2021-65-10-142-151.
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The Aegean Sea as part of the Eastern Mediterranean has been a clash of national interests between Greece and Turkey for decades. In particular, this process has intensified since 1974, and although there have been certain peaks and troughs along the way, now it seems to be at a point of new aggravation in bilateral relations. In general, this state of affairs is due to the particular geographical characteristics of the Aegean Sea, namely the large number of Greek islands, rocks and island formations scattered throughout its waters, often close to the Turkish coastline. Through them, Athens can lay claim to significant areas of both waters, seabed and subsoil, as well as airspace, over which its sovereignty, sovereign rights and jurisdiction would extend. Such rights and powers are granted to Greece under the current international law of the sea and, above all, under the 1982 UN Convention on the Law of the Sea, to which Greece is a full party. However, the Aegean will in any case continue to be a region where other countries, including extra-regional ones, have their own interests in shipping and other maritime activities. In particular, it applies to the Russian Federation and the U. S. Turkey, for its part, is directly dependent on unhindered passage of its ships and warships from the Aegean Sea to the Black Sea and vice versa. The first part of this paper analyzes the historical and documentary background of the Turkish-Greek controversy, based on different understandings of the provisions and language of international agreements, such as the Lausanne Peace Treaty of 1923 and the Paris Peace Treaty of 1947. Turkey’s reasons for linking the issue of Greek sovereignty over particular islands in the Aegean Sea to their demilitarized status as prescribed in these international treaties is described. The reasons why incidents between Greek and Turkish warplanes regularly occur in the Aegean airspace, which have different interpretations of the boundaries between national and international airspace, is explored. Special attention is paid to the legal basis for the formation of air defense identification zones and flight information regions by various states, including Greece. It is shown, which legal documents regulate the establishment of Air Defense Identification Zone (ADIZ) and Flight Information Area (FIR).
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Lestari, Endang Puji. "The Delegation of State Sovereignty over Air Space in the Implementation of Air Navigation: The Analysis of the Agreement between Indonesia and Singapore on Management of the Batam and Natuna Flight Information Region." FIAT JUSTISIA:Jurnal Ilmu Hukum 11, no. 2 (January 4, 2018): 173. http://dx.doi.org/10.25041/fiatjustisia.v11no2.813.
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The state sovereignty over airspace with its complete and exclusive nature experiences a significant dynamic in both its concept and implementation in the international air law. Sovereignty over the airspace not only provides legislative, executive, and judicialauthorities of the state but also puts an obligation on the state to provide facilities for aviation safety. The reason for aviation safety airspace of a sovereign state can be delegated to other states to manage the service of navigation, for example, Indonesian air spaces in the Natuna and Batam, are maintained by Singapore for the sake of aviation safety. The taking over of the management of FIR in Batam and Natuna had been carried out through several steps. First, establishing Civil Military Aviation Coordination (CMAC) as outlined in the Government Regulation (Ministry of Transportation Regulation Number 55 on 2016) concerning the order of the national airspace. Second, evaluating the implementation of air navigation by reformulating the institutional of LPPNPI, evaluating the cooperation agreement between the Government of Indonesia and Singapore, and providing air navigation service during the transition period in Natuna Islands. Third, conducting the taking over concept phase by phase, in which the first phase, Singapore only provides air navigation service, while Indonesia only monitors. The second phase, Indonesia provides air navigation services, while Singapore only monitors, and for the third phase, as the final implementation, Indonesia provides air navigation services fully. Keywords: Delegation, Sovereignty, Air Space, Air Navigation, Agreement
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Masutti, Anna. "Proposals for the Regulation of Unmanned Air Vehicle Use in Common Airspace." Air and Space Law 34, Issue 1 (February 1, 2009): 1–12. http://dx.doi.org/10.54648/aila2009001.
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In the past UAVs have mainly been used for military purposes. Recently, UAV applications for civil use have been developed, but a clear legal framework is needed so as to permit UAVs to fly outside segregated areas with other traffic, assuring the same safety and security standards as for manned aircraft. Modern UAVs are in effect an entire system, i.e. UAS (Unmanned Air System), which comprises the aircraft and the ground control station. The correct interpretation of EU Regulation 216/08 leads to the conclusion that even UAVs are subject to the same airworthiness requirements as those for manned aircraft. The certification of the system, while a fairly complex exercise, should not penalize this sector with excessive requirements. Beyond the need of a legal framework relating to the airworthiness and operations of UAVs, special attention should be given to further legal implications deriving from the use of these aircraft, such as civil liability regulations for damage to persons or property caused by an incident involving a UAV. The resolution of this problem would be a decisive contribution to increasing the use of UAVs for civil purposes outside segregated areas. One of the aims of this article is to identify the international and European Community legislation established for manned vehicles that could be applied also to UAVs.
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Byers, Michael. "Letting the Exception Prove the Rule." Ethics & International Affairs 17, no. 1 (March 2003): 9–16. http://dx.doi.org/10.1111/j.1747-7093.2003.tb00413.x.
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It is unlikely that George W. Bush feels constrained by international law when deciding whether to use military force abroad. Nevertheless, many of the United States' allies are reluctant to cooperate with and participate in military actions that cannot reasonably be justified under international law. And supportive allies, while perhaps not strictly necessary to the United States in its recent and foreseeable military campaigns, do make the military option easier to pursue. A war against Iraq would be difficult without access to bases and airspace in countries as diverse as Turkey, Saudi Arabia, Germany, and Canada. For this reason, at least, it would seem to be worth the president's while to adhere to international law where possible and, where this is not possible, to seek to change the rules.International lawyers in the Department of State, together with lawyers in other parts of the U.S. government, have excelled in shaping the law to accommodate the interests of the United States. One example, though by no means the only one, concerns the response to the September 11, 2001, terrorist attacks.
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Margolis, Justin. "When Jumbo Jets Share the Sky: Civil Aviation in the European Union and the United States of America." European Foreign Affairs Review 19, Issue 1 (February 1, 2014): 83–100. http://dx.doi.org/10.54648/eerr2014005.
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The global scope of civil aviation has increased at an exponential rate since the signature of the Chicago Convention in 1944. However, when it comes to recognizing zones of regional integration, such as the European Common Aviation Area (ECAA), international aviation law lags in progress. This article examines the new challenges in civil aviation arising for the European Union and Europe's relations with third countries, as seen through the lens of the EU-US Open Skies Agreement (OSA).The unification of European airspace and specifically the creation of the Schengen Area are clashing with traditional definitions of international and domestic flights. This incoherence between international air law and the European Union's novel creation is leading to inequalities in Europe's external air transport agreements. Open Skies liberalized civil aviation between the world's two largest aviation markets, but inequalities still remain, notably regarding the granting of air rights to passenger carriers and investment opportunities for European nationals in American air carriers. This article oversimplifies the technicalities of aviation law, and is destined for those with little or no knowledge of the subject.
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Łaski, Piotr. "State Borders in the Light of International Public Law. An Outline of the Issues." Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza 13 (December 31, 2021): 31–44. http://dx.doi.org/10.14746/ppuam.2021.13.02.
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Apportionment of authority among states in the space is one of the fundamental function of public international law and aim of that serves state borders institution. State borders are define as a line or surface separating state territories in land, martime and airspace. However exist different kind of borders that their establish in space bases on delimitation and demarcation. As long as do not give rise controversy establish land and maritime borders, while in spite of lack border determine in air space accept that sit height about 100–150 km. To sum up in the light of public international law exists and significant border is submit of principle of territorial integrity of states at the same time by their establish essential role plays crucial role effectiveness in carry out control of territory and borders. Therefore the principle of territorial integrity of States and effectiveness control over territory defines essence and role of state border.
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Wang, Lan. "A Brief Analysis of the Defining Standard of the National Territorial Boundary Treaty." Law and Economy 2, no. 2 (February 2023): 31–36. http://dx.doi.org/10.56397/le.2023.02.04.
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Territorial sovereignty refers to the supreme power a country has over its territory itself and the people and things within its territory, and its content includes ownership and jurisdiction. The state’s ownership of the territory means that the state has the right to possess, use and control all the land and resources within its territory, so the importance of territorial treaties is self-evident. The area under the jurisdiction of a sovereign state usually includes land (territorial land), internal waters (including rivers, lakes, and internal seas) within a country’s national borders (borders), as well as their sub beds, subsoils, and airspace (airspace). Sometimes it also includes territorial waters. There are often disputes over territorial disputes between different countries. Therefore, the International Court of Justice needs to make correct judgments based on the treaty. In judicial practice, a treaty accepted after analysis has a decisive weight in determining the territorial sovereignty and boundary of the disputed country. Therefore, the parties will provide a large amount of treaty evidence to the International Court of Justice based on their respective interests. In general, the case law of the International Court of Justice on territories reveals two common disputes. The first type of dispute is related to the existing territorial treaty; the second type of dispute involves not the existence of the territorial treaty itself, but its validity. Territorial sovereignty belongs to a country’s core interests. Based on the provisions of Articles 31-32 of the Vienna Convention on the Law of Treaties, the International Court of Justice adopted defining standards such as “substance superior to form” and “consent” when resolving disputes over national territorial border treaties. However, some treaties concerning territorial sovereignty will cause disputes, so the definition of territorial treaties needs to be further determined.
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Mangku, Dewa Gede Sudika, and I. Ketut Radiasta. "Tanggung Jawab Negara terhadap Penembakan Pesawat MH17 berdasarkan Hukum Internasional." Pandecta: Research Law Journal 14, no. 1 (August 12, 2019): 25–33. http://dx.doi.org/10.15294/pandecta.v14i1.18987.
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The purpose this research were to find out and analyze the form of the State of Ukraina accountability in shooting MH17 Malaysia Air Lines aircraft and knowing and analyzing the accountability of MH17 Malaysia Air Lines airliners to passengers. The type of research used is a type of normative legal research, the approach in this study is the law approach, case approach, and historical approach, the sources of legal material used are primary, secondary and tertiary legal materials. Legal material collection techniques used with document study techniques and legal materials are evaluated, interpreted, argued and discussed descriptively. The results of the study show (1) the responsibility of the Ukraina for Malaysia Air Lines MH17 Aircraft Shooting that the State of Ukraina must be responsible for providing safety and security services for the sovereignty of the air space over its territory by Malaysia Air Lines MH17 in the form of flight navigation services, (2) The Malaysia Airlines airline must be limited to 100,000 SDR for each passenger and Malaysia Airlines. The airline cannot be subject to unlimited liability or exceed 100,000 SDR. Every country is expected to always supervise the airspace which is the sovereignty of the airspace above which becomes the international civil aviation route and to coordinate well with the ICAO (International Civil Aviation Organozation) to maintain the security of international civil aviation.