Notes11-18 - 1 International Law Chapter 5: - Law of...

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International Law Chapter 5: P. 298 GB - Developed after law of the sea because balloons, then airplanes developed from the latter part of the 19 th century on, - The law of the sea began in the 1200-1300. - P. 298: “The twentieth century saw a rise of the technology of both air & space flight, & a concomitant evolution & creation of legal principles.” What is fundamentally different about airspace & the Law of the Sea? - There is no physical boundary, airspace goes on forever. Difference between a Ship & an Airplane? - Hard to stop an airplane, faster, airplane more of a security risk than ship - Aircraft more expensive, may carry more passengers than boats. Understand the differences in the Technology. From Theory to Treaty Law P. 300 - Theories about Airspace, who owns the space above the ground: - At this time had a lot of balloons, beginning of the aircraft, fighter planes. 3. Third theory was that a State has complete sovereignty in its superincumbent airspace to an unlimited height. - The notion that go up all the way & you never stop & that is what the State owns. All the air above it it owns up to the heavens. #3 was the one that was accepted into law. How do we have international flights? What makes it possible for anyone to go from Dallas & land in Germany? - There is a treaty between those nations that allows for commercial traffic between them. - So the exception is created by treaty. - But the general rule is that all airspace above the State is owned by the State to the heavens. Military Traffic? - It is generally treated to a different set of treaty agreements, something the State does not have to consent to or perhaps, even at an ad hoc basis. The Chicago Convention P. 304 - A landmark event in the history of international aviation. - A convention where nations of the world got together & created The 2 most important air treaties. The International Air Services Transit Agreement “Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services: 1. The privilege to fly across its territory without landing; 2. The privilege to land for non-traffic purposes. - The notion that by treaty nations are giving all the other signatory parties the right to fly over their State for scheduled international air service. The International Air Transport Agreement It provides for the” 5 Freedoms for scheduled air service: Each contracting State grants to the other contracting States the following freedoms of the air in respect of scheduled international air services: (this means commercial jets 1. The privilege to fly across its territory without landing; 2. The privilege to land for non-traffic purposes; 3. The privilege to put down passengers, mail & cargo destined for the territory of the State whose [aircraft’s] nationality the aircraft possesses; 4. The privilege to take on passengers, mail & cargo destined for the territory of any other contracting State. -
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Notes11-18 - 1 International Law Chapter 5: - Law of...

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