ch 13 air and space law

4. Where is the dividing line between air and outer space?

No internationally accepted boundary line

1971 montréal convention to discourage acts of violence against civil aviation

Unanimously accepted by the representatives of 30 countries, agreed that hijackers could be tried if found in the territory of a state other that the state in which the aircraft in question had been registered

international air transport association

a private organization that serves as a representative of the airline industry with respect to issues of mutual concern

Treaty on open skies

an agreement permitting surveillance flights over north america, europe, and the former Soviet Union to ensure compliance with arms-control agreements

peace of the port doctrine

convention developed to address possible gaps in jurisdiction by making sure that at least one state will have basis to assert jurisdiction no matter where the aircraft was flying at the time of the incident, as well as being the first treaty to address skyjacking

1919 Paris Convention for the regulation of Aerial Navigation

first treaty to embody the idea of full sovereignty over airspace, but also contained a right of innocent passage for private aircraft subject to the rules of the convention

moon treaty

holds that the moon is the common heritage of mankind and thus, neither the surface nor the resources located in the moon's subsurface shall become the national property of any country

International telecommunication union

organization responsible for control of all varieties of telecommunications, and developing regulations to govern each mode of communication

pirate broadcasting

privately owned radio stations, located on vessels anchored or sailing outside the territorial sea or established on artifical islands beyond territorial jurisdictions for transmitting to states whose governments did not permit the transmission

outer space treaty

signed by 60 states in 1967, this treaty serves as a declaration that states will not claim title to the moon or other celestial bodies

1970 hague convention for the suppression of unlawful seizure of aircraft

the first convention specifically aimed at skyjacking

hijacking

the forcible seizure of an aircraft

International civil aviation organization

the operational arm of the chicago convention responsible for promoting technical and administration cooperation among the state parties to the convention

Doctrine of absolute sovereignty

the principle that aircraft have no right of innocent passage to national airspace

1963 Tokyo Convention offenses and certain other acts on board aircraft

the principle that in normal circumstances, a territorial state may no interfere with an aircraft in flight unless the offense has some dimension that affects security or traffic rules

convention on registration of objects launched into outer space

treaty requiring the registration of objects launched into space. Treaty was necessary to keep track of space debris

1944 Chicago Convention on Civil Aviation

treaty that still provides the essential structure for modern commercial and private aviation operations

What four jurisdictional principles over airspace were proposed and which was chosen?

• Complete freedom as on high seas. • Territorial jurisdiction for 1000' then freedom as on high seas. • Territorial jurisdiction & right of innocent passage. • Absolute territorial jurisdiction.—This is the one that applies to today

6. Explain the issues or problems that have arisen thus far concerning outer space exploration

• Harmful biological contamination of outer space • Allocation of electromagnetic spectrum • Meteorites and asteroids • Space debris

If aircraft enters nation's airspace, state has following options

• Ignore. • Destroy. • Get it to leave, change course, or land in designated area. • May exercise administrative & judicial authority over once aircraft has landed.

What are the general principles of airspace & rights states possess when confronted with an aerial intrusion.

• States possess complete and exclusive sovereignty over airspace including over the territorial sea. • May assign air lanes, designate areas closed to aircraft, designate areas extending 100s of miles out from territorial sea • May require aircraft to land & have registrations checked. • Grant innocent passage through treaties or conventions. • May insist on designated routes, file flight plans, & require special treatment for military planes. • Area over high seas is free.

List six possible motivations for hijacking an aircraft

•Harbors some grudge against their own government. •Personal reason for wishing to leave their country of residence and to go to another place. •Ransom for the plane or passengers. •Bring about the release of certain political or other types of prisoners. •Draw attention to a political or social cause. •Desire to escape from a regime that is objectionable to them.

Explain the actions that a state may take if a foreign aircraft intrudes their airspace without permission

•Ignore the intruder •In the event of a landing may attempt to exercise administrative and possibly judicial authority over the craft and its occupants •Attempt to destroy the craft after intrusion has become a fact •Attempt to force the craft to leave the sovereign's airspace, change course, or land in a designated area.

Summarize the six legal principles regarding outer space established by the General Assembly in 1963

•Space exploration and the use of space were to be the benefit of all humankind. •States conducting activities related to space would be responsible for their acts. •All activity in space was to be guided by the principles of cooperation and mutual assistance. •States launching objects and personnel were to retain jurisdiction over them in space and on the return to Earth, no matter where they might land. •States were to be liable for any damages on earth, in the airspace, or in outer space caused by objects launched by them into outer space. •Astronauts were to be considered envoys of mankind and, in case of accident, all states were to be bound to render them all possible assistance and to return them promptly to the state in which their space vehicle was registered.

list the four theories initially advanced regarding national jurisidiction over airspace

•States possess complete freedom over all air space - as on the high seas •Claim of territorial jurisdiction up to 1,000 feet; above = to high seas •Claim of entire jurisidiction with right of innocent passage given to friendly foreign aircraft •Absolute & unlimited sovereignty with no upper limites

what concepts emerged from the chicago conference known as the five freedoms of the air

•The privilege of flying over the territory of another state without landing. •The privilege of landing in another state for technical reasons only. •The privilege of landing in another state to discharge passengers, cargo, or mail picked up in one's own state. •The privilege of landing in another state to pick up passengers, cargo, or mail destined for one's own state. •The privilege of landing in another state to pick up or discharge passengers, cargo, or mail from a third state.