Backgrounds of International Public Air Law Part I: Air Law: Section I: Doctrine: Chapter 1 1965 Yearbook of Air and Space Law 1965

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1965 Y.B. Air & Space L. 3 (1965)
Backgrounds of International Public Air Law

handle is hein.journals/yairspcl1965 and id is 33 raw text is:

SECTION I-DOCTRINE

Chapter 1

Backgrounds of

International Public Air Law

JOHN COBB COOPER*

International Public Air Law, or more accurately International Public Aero-
nautical Law, has developed historically by the adaptation and general acceptance
of four basic principles.
I. Territorial Sovereignty. Every State has, to the exclusion of all other States,
the unilateral and absolute right to permit or deny entry into the area recognized
as its territory and similar right to control all movement within such territory.
II. National Airspace. The territory of a sovereign State is three dimensional,
including within such territory the airspace above its national lands and its internal
and territorial waters.
III. Freedom of the Seas. Navigation on the surface of the high seas and flight
above such seas are free for the use of all.
IV. Nationality of Aircraft. Aircraft have the characteristic of nationality
similar to that developed in maritime law applicable to ships. Thus aircraft have
normally a special relationship to a particular State which is entitled to make
effective the privileges to which such aircraft may be entitled and such State is also
reciprocally responsible for the international good conduct of such aircraft.
The development and acceptance of the four principles stated above have pro-
vided the historic means under which aeronautical law has developed a series of
rules applicable to the legal status of the media and instrumentality used in normal
flight. The purpose of this article is to outline briefly the historical background of
these four principles and the general manner in which they have up to now been
applied to develop aeronautical law.
*A.B., LL.M., LL.D. (Hon.) Former Director, Institute of International Air Law and
Professor Emeritus, McGill University.