International Air Law
The Paris Convention was the first international treaty to address the legal regime of airspace. It recognized the principle of complete and exclusive sovereignty of states over the airspace above their territory, including land territory and territorial waters. At the same time, it acknowledged freedom of navigation over the high seas and recognized, subject to certain limitations, the right of innocent passage for civil aircraft of contracting states.
The Convention also restricted member states from concluding air transport agreements with non-member states.
Settlement of International Disputes in Air Law
Following revisions to the Paris Convention, the 1929 amending protocol allowed third states to accede and removed certain privileges previously granted to major powers. It also recognized the right of member states to conclude agreements with non-member states.
After the adoption of the Chicago Convention in 1944, earlier air law treaties, including the Paris and Havana Conventions, were effectively superseded.
The Chicago Convention entered into force in 1947 and has since been widely accepted by the international community.
The principal features of the Chicago Convention include the following:
- Recognition of the complete and exclusive sovereignty of each state over the airspace above its territory, including land territory, territorial sea, and protected areas.
- Recognition of freedom of flight over the high seas.
- Prohibition of state aircraft of member states from flying over or landing in the territory of another state without special agreement or authorization.
- Prohibition of the use of weapons against civil aircraft in flight.
- Freedom of flight and landing for non-state aircraft of member states, except for aircraft engaged in scheduled international air services, which require special authorization.
- Exclusive right of each state over domestic air transport services within its territory, which is non-transferable.
- Authority of member states to impose necessary and non-discriminatory restrictions or prohibitions.
- Recognition of the right to inspect aircraft and related documents.
- Discretion of member states in times of war.
- Establishment of the International Civil Aviation Organization.
Recognized Freedoms in International Air Law
The international community has generally accepted the following freedoms:
- The freedom to fly over the territory of member states without landing.
- The freedom to land for non-commercial purposes.
- The right to unload cargo, mail, and disembark passengers.
- The right to load cargo, mail, and embark passengers.
The Hague Convention of 1970
The Hague Convention of 1970 was the first international instrument specifically adopted to suppress the unlawful seizure of aircraft. Under this Convention, the state of registration of the hijacked aircraft has jurisdiction to prosecute the offense.
Where the aircraft is registered jointly or internationally, the interested states shall designate a competent state to exercise jurisdiction.
Frequently Asked Questions Regarding International Air Law
The legal regime of airspace consists of international rules and principles governing state sovereignty over airspace and the freedom of navigation by aircraft. It is primarily derived from treaties such as the Paris Convention and the Chicago Convention.
Under the Paris and Chicago Conventions, every state has complete and exclusive sovereignty over the airspace above its land territory and territorial waters, and may regulate its use subject to international law.
Freedom of flight over the high seas allows civil aircraft of member states to navigate the airspace above international waters without interference, subject to applicable international regulations.
Non state aircraft of member states may fly over and land in the territory of other member states, except for aircraft engaged in scheduled air services, which require special authorization.
The Hague Convention of 1970 addresses the suppression of unlawful seizure of aircraft. It grants jurisdiction to the state of registration of the hijacked aircraft, or to a designated state in cases of joint or international registration.
Recognized freedoms include overflight without landing, landing for non commercial purposes, unloading and embarking passengers and cargo, and related transit rights, subject to treaty provisions and national regulations.
International disputes in air law are generally resolved in accordance with treaty mechanisms such as those contained in the Chicago Convention, as well as through diplomatic negotiations or international adjudication where applicable. What is the legal regime of airspace?
How is state sovereignty over airspace defined?
What does freedom of flight over the high seas mean?
What rights do non state aircraft of member states have?
What does the Hague Convention of 1970 address?
What freedoms are recognized in international air law?
How are international disputes in air law resolved?
