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Air sovereignty is the fundamental right of a sovereign state to regulate the use of its airspace and enforce its own aviation law – in extremis by the use of fighter aircraft. The upper limit of national airspace is not defined by international law.
The international use of aircraft brought up questions about air sovereignty. The arguments over air sovereignty at the time factored into one of two main viewpoints: either no state had a right to claim sovereignty over the airspace overlying its territory, or every state had the right to do so. [2]
The Paris International Air Navigation Conference of 1910, also known as the Conférence internationale de navigation aérienne, was the first diplomatic conference to consider formulating international law about aviation. It was proposed by the French government who were concerned about aircraft from foreign nations flying over their territory ...
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 ...
By international law, a state "has complete and exclusive sovereignty over the airspace above its territory", which corresponds with the maritime definition of territorial waters as being 12 nautical miles (22.2 km) out from a nation's coastline. [3]
Although there are numerous bilateral agreements, so-called 'air services agreements', which make more extensive agreements, including often tax exemption when refueling an aircraft that has come from another contracting state, these are independent from the Chicago Convention; moreover, some air services agreements do allow for the taxation of ...
The freedoms of the air are the fundamental building blocks of the international commercial aviation route network. The use of the terms "freedom" and "right" confers entitlement to operate international air services only within the scope of the multilateral and bilateral treaties (air services agreements) that allow them.
The Greco-German arbitration tribunal of 1927–1930 arguably established the subordination of the law of air warfare to the law of ground warfare. It found that the 1907 Hague Convention on "The Laws and Customs of War on Land" applied to the German attacks in Greece during World War I: [14] This concerned both Article 25 and Article 26.