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Freedom of Overflight: A Study of Coastal State Jurisdiction in International Airspace


ISBN13: 9789403538044
Published: October 2021
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £124.00



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Freedom of Overflight is a revolutionary book that delves deep into the ambiguous areas at the nexus of air law and the law of the sea concerning the balance between coastal State jurisdiction and freedom of overflight, thus providing greater legal certainty regarding State actions involving overflight in international airspace.

The author discerns and reviews in detail three striking issues that impact overflight in international waters:

  • the right of a State to establish safety zones around maritime constructions and the legitimacy of extending these safety zones to the airspace
  • what, if anything, under international civil aviation law specifically, prohibits a State from discriminating against the aircraft of another State in international airspace within its flight information region, and
  • whether air defence identification zones can be justified as customary international law

The law of the sea concerning transit passage through international straits and archipelagic sea lanes as applied to airspace users are also explored in this book.

This book is the pioneer in-depth analysis of overflight that blends the perspectives of international civil aviation law and the law of the sea. It offers a comprehensive study of the legality of attempts by coastal States to exercise jurisdiction in international airspace over aircraft registered in other States, thus taking a giant step towards determining what freedom of overflight entails by establishing its legitimate limitations. It will be highly appreciated by practitioners, policymakers and academics concerned with international transportation, national defence, international trade and other areas of international law.

Subjects:
Air and Space Law
Contents:
List of Figures
List of Tables
List of Abbreviations
Chapter 1. Introduction
Chapter 2. The International Legal Framework
Chapter 3. Overflight of Maritime Constructions in International Airspace
Chapter 4. Flight Information Regions and Air Defence Identification Zones
Chapter 5. Overflight of International Straits and Archipelagic Sea Lanes
Chapter 6. Conclusions and Recommendations
Bibliography
Table of Cases
Table of Legislation
Table of Treaties
EU Documents
United Nations Documents
Documents of Intergovernmental Organisations