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1
Mendes de Leon, Pablo. "National Reflexes Following the COVID-19 Outbreak: Is Sovereignty Back in the Air?" Air and Space Law 45, Special issue (July 1, 2020): 17–38. http://dx.doi.org/10.54648/aila2020047.
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States have closed their national airspaces in the past for a variety of reasons which may pertain to environmental concerns, safety, security, politics or war. The global spreading of the Coronavirus disease 2019 (COVID-19) virus sheds a new light on closure of the airspace because, for the first time in the history of air law, measures are taken to protect the health of the resident population on a global scale. COVID-19, closure of airspace, national reflexes, sovereignty, European positions
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Setiani, Baiq. "Konsep Kedaulatan Negara di Ruang Udara dan Upaya Penegakan Pelanggaran Kedaulatan oleh Pesawat Udara Asing." Jurnal Konstitusi 14, no. 3 (January 9, 2018): 489. http://dx.doi.org/10.31078/jk1432.
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Pengakuan dunia internasional akan wilayah udara sebagai bagian dari kedaulatan negara memberikan legitimasi yang kuat bagi Indonesia sebagai suatu negara yang luas. Namun kondisi ini dapat berubah manakala Indonesia tidak mampu menguasai wilayah kedirgantaraannya sebagai penopang ekonomi dan pertahanan nasional. Ditambah dengan masalah pelanggaran batas kedaulatan yang sering dilakukan oleh pesawat militer negara asing. Penelitian ini dilakukan dengan mengidentifikasi tiga permasalahan, yaitu (1) bagaimana konsep kedaulatan negara di ruang udara menurut hukum internasional dan peraturan perundangan nasional, (2) apa saja bentuk pelanggaran kedaulatan negara di ruang udara nasional, dan (3) bagaimana upaya penegakan atas pelanggaran kedaulatan negara di ruang udara nasional dalam menjaga pertahanan negara. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan (statute approach), pendekatan konseptual (conceptual approach), serta pendekatan perbandingan (comparative approach). Hasil penelitian menyimpulkan bahwa (1) baik hukum internasional dan peraturan perundangan nasional telah mengukuhkan kedaulatan negara di ruang udara yang bersifat penuh dan utuh (complete and exclusive), (2) sejumlah insiden pelanggaran izin masuk dan melintasnya pesawat-pesawat asing ke wilayah udara Indonesia, di mana kebanyakan dari pesawat asing tersebut adalah pesawat militer, dan (3) upaya penegakan atas pelanggaran kedaulatan di wilayah ruang udara nasional, antara lain penegakan hukum terhadap pelanggaran wilayah udara kedaulatan Republik Indonesia dan pelanggaran terhadap kawasan udara terlarang, baik kawasan udara nasional maupun asing.International recognition of airspace as part of state sovereignty gives strong legitimacy to Indonesia as a wide country. However, this condition can be changed when Indonesia can’t control the airspace territory as a pillar of the economic and national defense. The problem increase with several sovereignty violations where that often perpetrated by military aircraft of foreign countries. This research was conducted by identifying three issues, those are (1) how does the concept of state sovereignty over the airspace according to international law and national legislation, (2) what kind of state sovereignty violation over the national airspace, and (3) how does the enforcement efforts on state sovereignty violations in the national airspace maintaining the country’s defense. The method of this research used normative legal research with statute approach, conceptual approach, and comparative approach. This research concluded (1) both the international law and national legislation have confirmed the country’s sovereignty over the airspace are complete and exclusive, (2) number of incidents of breach entry and passage of the foreign aircrafts to Indonesian airspace, which most of the foreign aircraft are military aircraft, and (3) the enforcement effort of sovereignty violations over the national airspace is law enforcement against sovereignty violations over the Republic of Indonesia airspace and the violation of prohibited airspace, both of national and foreign airspaces.
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Kareng, Yaya. "INTERNATIONAL AVIATION/AIRSPACE LAW AN OVERVIEW." International Journal of Law Reconstruction 4, no. 1 (April 28, 2020): 56. http://dx.doi.org/10.26532/ijlr.v4i1.10941.
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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 also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations. In the United States and in most European nations, aviation law is considered a federal or state-level concern and is regulated at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to Federal laws and case law for this function instead. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern. Aviation law, however, is not in the United States held under the same Federal mandate of jurisdiction as admiralty law; that is, while the United States Constitution provides for the administration of admiralty,[1] it does not provide such for aviation law. States and municipalities do have some indirect regulation over aviation. For example, zoning laws can require an airport to be located away from residential areas, and airport usage can be restricted to certain times of day. State product-liabilitys law are not preempted by Federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products. Space law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law but one that already has its own journals and academic support. Much of space law is connected to aviation law.
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Kaiser, Stefan A. "UAVs and Their Integration into Non-segregated Airspace." Air and Space Law 36, Issue 2 (April 1, 2011): 161–72. http://dx.doi.org/10.54648/aila2011019.
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Unmanned Aerial Vehicles (UAVs) have become a reality in military aviation. It is only a matter of time before we see civilian UAVs in manifold roles. Unlike military UAVs, operations of civilian UAVs cannot rely on specially designated and reserved (military) airspace. Therefore, one of the key issues for using UAVs for civilian purposes will be their integration into non-segregated common airspace. The author proposes a multi-tier approach for integrating different classes of UAVs into different classes of airspace. Certification of airworthiness is linked to this solution. Depending on the class of UAVs, regulatory parameters relating to airspace, flight rules, and certification are discussed. The goal is a realistic road map for the integration of UAVs into non-segregated airspace.
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Gaveika, Artūrs. "THE INSTITUTIONAL COMPETENCE OF THE BORDER CONTROL OF THE AIRSPACE OF LATVIA." Latgale National Economy Research 1, no. 5 (October 21, 2013): 84. http://dx.doi.org/10.17770/lner2013vol1.5.1153.
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This paper reflects the problematic issues regarding the legal framework of Latvian airspace border control. Currently the legal framework in relation to airspace border control in Latvia is rather confusing and incomplete since there is no specific division between responsibilities of certain authorities and compliance to international airspace regulations as well as the competence of the NATO in the control of national airspace regime. Therefore it is essential to evaluate the functions and available resources of the State Border Guard as a law enforcement institution within the context of Border Guard law regarding the responsibility of the State Border Guard together with National Armed Forces in prevention and repelling of attacks on the airspace of the territory of Latvia.
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Barus, Yan Jefri. "Jurisdiction Of A Country’s Air Territorry In International Law Perspective." Journal of Law Science 3, no. 3 (July 30, 2021): 102–8. http://dx.doi.org/10.35335/jls.v3i3.1673.
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The sovereignty of a country is no longer absolute or absolute, but at certain limits it must respect the sovereignty of other countries, which are regulated through international law. This is what became known as the relative sovereignty of the state. In the context of international law, a sovereign state must essentially obey and respect international law, as well as the sovereignty and territorial integrity of other countries. The problem in this research is How is the JURISDICTION of a country's airspace? What are the principles of air law adopted by nations in the world (internationally)? How is the JURISDICTION of a country's airspace in the perspective of international law? Its basic function is to show the way to solve research problems. The airspace contained above the land area, inland waters, and territorial sea is included in the jurisdiction of a country. This can be seen from article 1 of the Chicago Convention 1944 concerning International Civil Aviation: "State sovereignty in the air space above its territorial area is complete and exclusive sovereignity". This provision is one of the main pillars of international law governing air space. The principles of international air law include the principle of airspace sovereignty, the principle of JURISDICTION of air space, and the principle of responsibility. The principles in jurisdiction are the principle of territorial, national, passive personality, protection or security, universality, and crime according to applicable legal criteria. In relation to state jurisdiction in airspace, very closely related to law enforcement in the airspace. With jurisdiction, the country concerned has the authority and responsibility in the air to carry out law enforcement in air space.
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Zhao, Hong Chao, Xiu Xia Yang, and Zhao Qing Song. "Variable Structure Guidance Law for Supersonic Missile to Maneuver in Large Airspace." Applied Mechanics and Materials 433-435 (October 2013): 986–90. http://dx.doi.org/10.4028/www.scientific.net/amm.433-435.986.
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The large airspace varying trajectory is modified to large airspace spiral maneuver trajectory, in order to improve the penetration effect of a supersonic anti-warship missile against enemy long-distance ship-to-air missile (LDSAM). In the descent phase the missile may suffer the interception of LDSAM, so the descent phase is modified to spiral maneuver descent trajectory. A variable structure guidance law is designed firstly. On the basis of it, a variable structure guidance law with spiral maneuver is proposed, in order to realize the large airspace spiral maneuver trajectory. The simulation results show that the proposed guidance law can guide the supersonic anti-warship missile to realize the large airspace spiral maneuver trajectory. The entire missiles performance indexes satisfy the flight requirement.
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Tiwery, Zepty Fence, Irma Halima Hanafi, and Welly Angela Riry. "Pelanggaran Wilayah Udara Indonesia Oleh Pesawat Asing Menurut Hukum Internasional." Balobe Law Journal 4, no. 1 (April 30, 2024): 35. http://dx.doi.org/10.47268/balobe.v4i1.2046.
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Introductioan: Indonesian airspace violation committed by a foreign aircraft in the case of the forced landing of a Boeing 777 foreign cargo plane on January 14, 2019. The aircraft entered Indonesian airspace without permission or Flight Clearance (FC) so it had to be forcibly landed by the Indonesian Air Force at Hang Nadim International Airport, Batam, Riau Islands. Such violations are clearly contrary to applicable law.Purposes of the Research: Know the regulation of Indonesian airspace according to international law and how law enforcement in Indonesian airspace.Methods of the Research: Normative juridical which conducts research on law based on laws and regulations related to the problem under study. The research approach carried out is the concept approach, legislation approach and case approach.Results of the Research: The regulation of Indonesian airspace according to international law must use the provisions of international law such as the Chicago Convention of 1944 and Law No.1 of 2009, Government Regulation No.4 of 2018 and Law No.34 of 2004. Law enforcement in Indonesian airspace still experiences limitations and obstacles due to the fact that foreign aircraft can enter. Therefore, there are still many obstacles in surveillance and defense equipment because it does not have radar that has the ability to detect incoming foreign aircraft so that the TNI must coordinate first..
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Vodolaskova, Kateryna, and Svitlana Holovko. "HISTORICAL ASPECTS AND OVERVIEW OF LEGAL UNDERSTANDING OF AIRSPACE SOVEREIGNTY CONCEPT." Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" 1, no. 66 (March 31, 2023): 9–16. http://dx.doi.org/10.18372/2307-9061.66.17411.
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Goal: define different ideas of the concept of "sovereignty in aviation space" and consider the stages of development of the concept of airspace sovereignty in the context of the airspace bordering the territory of the state. Research methods: documentary analysis and synthesis, comparative analysis, cognitive and analytical, as well as methods of systematization and generalizations. Results: the analysis of legal acts of international significance in the field of aviation law, which determined the modern understanding of the concept of sovereignty in airspace, was carried out. Discussion: deep analysis made it possible to determine that the official recognition of airspace sovereignty under international law gave all states the right to establish rules and exercise sovereign control of any power over their sovereign airspace.
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Mendes de Leon, Pablo. "The End of Closed Airspace in the Middle East: A Final Move on the Regional Chess Board?" Air and Space Law 46, Issue 2 (April 1, 2021): 299–308. http://dx.doi.org/10.54648/aila2021015.
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Closure of airspace has become a new topic on the aviation agenda of the twenty-first century. States adopted this measure to begin with on 11 September 2002. The US closed its airspace for about five days after the occurrence of this tragedy in New York for all air traffic. European States did the same after the eruption of the Icelandic volcano Eyjafjallajökull in 2010. Pakistan shut its airspace in February 2019 after India carried out an air strike against a presumably terrorist training camp in Pakistani territory. While the above measures could be labelled as ‘incidental’ in terms of time period, the closures of airspace implemented in the second half of the second decade of this century are more ‘systematic’. They last longer and have a deeper background. Reference is made to the closure of airspace in the Middle East, and in practically all States following the outbreak of the Coronavirus disease 2019 (COVID-19) pandemic. This brief paper will focus on the closure of airspace in the Middle East, which came to an end in January 2020, and pay attention to the regulatory proceedings surrounding it. These can only be understood against the wider political, historical and perhaps also religious background. Those factors contribute to the fragility of the legal arrangements underpinning the diplomatic deal. closure of airspace, sovereignty and territorial jurisdiction, non-discrimination, air traffic services, compensation of damages
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ERKARA, Mustafa Burak, and Polathan KÜSBECİ. "Ege Hava Sahası:Türkiye ve Yunanistan Sorunları." Journal of Social Research and Behavioral Sciences 9, no. 19 (June 25, 2023): 185–99. http://dx.doi.org/10.52096/jsrbs.9.19.14.
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Discussions on the width of the national airspace have been a frequent topic on the agenda of Turkish-Greek relations after 1974. Discussions on this issue arise, in particular, from the difference between the width of the Greek national territorial sea and the width of its airspace. The rules of international law, while regulating the rights related to the sovereignty of the states, stipulated that the sovereignty of the state covers the territorial lands, the territorial seas forming the coasts of these lands, and the airspace over these regions as a whole. In short, the territorial sea border of a state and the width of its national airspace must be the same; It is accepted that the state has exclusive sovereign rights over these areas. Although airspace problems are not a problem that directly affects the relations between Turkey and Greece, they come to the fore at various times as a secondary problem among other problems. Airspace issues, which is a problem of international law, is a research subject that is suitable for obtaining many findings related to international politics. There are previous studies on this subject in Turkey. However, in this study, it has tried to deal with the issue from the perspective of international relations as much as possible. Keywords: Turkey, Greece, International Law, Airspace, Aegean Sea
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Lamont, Christopher K. "Conflict in the Skies: The Law of Air Defence Identification Zones." Air and Space Law 39, Issue 3 (June 1, 2014): 187–202. http://dx.doi.org/10.54648/aila2014014.
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Air Defence Identification Zones (ADIZs), designated areas of non-territorial airspace where States impose reporting obligations on civil and military aircraft, constitute a highly contentious security practice, and in the absence of an international legal framework to regulate unilateral ADIZ declarations by States, find themselves increasingly contested with States advancing competing claims on the limits of their scope and reporting obligations. China's 23 November 2013 declaration of an East China Sea ADIZ highlights two important questions that arise from this contested security practice. The first question stems from conflicting positions on the extent to which States can impose reporting obligations on aircraft operating outside of territorial airspace, while the second question revolves around what, if any, impact the exercise of administrative control in airspace can have upon territorial claims advanced by States. In order to explore both of the above questions this article will provide an introduction to the practice and law of ADIZs before examining two distinct ADIZ regimes, those maintained by the United States and China. This article will observe that while international law does not prohibit States from declaring ADIZs in non-territorial airspace, it does prohibit States from restricting air navigation outside of territorial airspace and thus certain reporting requirements demanded on the part of States may extend beyond what is permissible under international law.
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Franklin, Mark. "Sovereignty and Functional Airspace Blocks." Air and Space Law 32, Issue 6 (November 1, 2007): 425–30. http://dx.doi.org/10.54648/aila2007046.
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Su, Jinyuan. "Is the Establishment of Air Defence Identification Zones Outside National Airspace in Accordance with International Law?" European Journal of International Law 32, no. 4 (November 1, 2021): 1309–34. http://dx.doi.org/10.1093/ejil/chab088.
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Abstract Whereas the right of a state to establish an air defence identification zone (ADIZ) in national airspace falls squarely within its sovereignty, the question whether coastal states may claim such zones outside national airspace remains a matter of controversy. The latter category, referred to as ‘offshore ADIZs’, usually do not amount to sovereignty claims over the open airspace outside national airspace or involve threat or use of force. The right of coastal states to identify aircraft in the open airspace near coastal areas has arguably become part of customary international law. This customary right, however, only extends to ‘passive identification’ by radar detection, radio communication or close visual checks, which thus is only capable of justifying the establishment of offshore ADIZs for this purpose. The identification of aircraft in offshore ADIZs, through either voluntary or passive measures, is nevertheless within the parameters of the obligation of paying due regard to the freedom of overflight. This explains why ‘passive identification’ is ‘permissible’ under customary international law, while ‘voluntary identification’ is at least ‘tolerated’ albeit in the absence of a permissive customary rule.
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Saber, Hamed H., and Ali E. Hajiah. "Thermal Resistance of 30° Sloped, Enclosed Airspaces Subjected to Upward Heat Flow." Sustainability 14, no. 6 (March 10, 2022): 3260. http://dx.doi.org/10.3390/su14063260.
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Heat transmission across an enclosed space is determined by the type of filling gas, the temperatures and long-wave emissivities of all surfaces that define the space, and the heat flow direction. The ASHRAE Handbook of Fundamentals provides the thermal resistances (R-values) of enclosed airspaces with only five effective emittance values (E) for vertical, horizontal, and 45° airspaces. ASHRAE R-values do not include the case of 30° sloped airspaces. In addition, ASHRAE R-values ignore the impact of the airspace aspect ratio (A) on R-values. However, many previous studies, as well as this study, have shown that A can have a significant effect on the R-value. Previously, correlations were developed for determining the R-values for vertical (90°) airspaces subjected to horizontal heat flow, horizontal (0°) airspaces subjected to up and down heat flow, 45° airspaces subjected to up and down heat flow, and 30° airspaces subjected to downward heat flow. To the authors’ knowledge, no such correlation existed for determining the R-value of 30° airspaces subjected to upward heat flow, which is developed in this paper. The potential increase in R-value by placing a thin layer of varied emittance on both sides in the middle of the airspace was also considered. Architects and building designers can use the developed correlation to compute the R-values of airspaces of various values for A and E and various operating conditions. This correlation along with the previous correlations can be included in the current energy models (e.g., EnergyPlus, ESP-r, DOE, and Design Builder).
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Doroshenko, Dmytro. "Some issues of regulation of international flights by the legislation of Ukraine." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 498–502. http://dx.doi.org/10.36695/2219-5521.2.2020.98.
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The article reveals the interpretation of the concept of “international flights” in accordance with the legislation of Ukraine andsubstantiates the opinion that it is advisable to fix the corresponding definition in the provisions of the Air Code of Ukraine. In addition,the concepts of “legal regime of international flight” and “airspace of Ukraine” are analyzed, in particular, attention is paid to the problemsof establishing the boundaries of state sovereignty over airspace and various approaches to their solution and the author’s positionwith respect to this phenomenon are considered.In addition, the study of national legislation and international legal regulation of international flights provides an opportunity toidentify commonalities and differences and understand at what stage of the flight state legal regulation ceases to operate, and internationalnorms are gaining strength.The norms of international air law regulate the relations of states regarding the implementation of international flights by theiraircraft, which should be understood as flights through the airspace over the territory of more than one state. From the point of view of law, the sphere of international law covers two levels: 1) legal regulation of international flights in the airspace of a number of states;2) legal regulation of flights in international airspace. Each state independently determines the procedure for admission of foreign aircraftto its airspace. Such a permit system is the basis of the legal regime of the airspace of all states today, which is mandatory for bothscheduled and non-scheduled international flights.Note that no differences were found. The article also reveals the features of aviation and characterizes its types, which includecivil and state aviation. The author also examined the problems existing in the legislation of Ukraine in the field of safety of internationalflights and suggested possible solutions.
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Virág, Enikő. "International Air Law – Airspace Rules in Three Dimensions." Hungarian Yearbook of International Law and European Law 5, no. 1 (December 2017): 575–77. http://dx.doi.org/10.5553/hyiel/266627012017005001031.
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Otília Kiss, Krisztina. "Reopening the Upper Airspace over Kosovo for Civil Air Traffic: The Road Thereto." Air and Space Law 46, Issue 4/5 (September 1, 2021): 603–32. http://dx.doi.org/10.54648/aila2021034.
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Over twenty years have passed since the insurrection in Kosovo which ended with the introduction of the North Atlantic Treaty Organization (NATO), in June 1999. The establishment of the State of Kosovo has raised multiple questions and challenged public international law doctrines in different ways. The validity of unilateral State succession in the post-colonial era, the international legal personality of international intergovernmental organizations, and the exercise of sovereign rights by other entities than States are among the questions that the international community has had to contend with. The present essay elaborates the aviation law-related aspects of these challenges, more precisely the reopening of the upper airspace of Kosovo, with a special focus on the legal solutions of the Implementing Agreement Between Hungary and the International Security Force in Kosovo (KFOR) (Implementing Agreement Between the Government of Hungary and International Security Force in Kosovo (KFOR) for the Provision of Air Navigation Services (ANS) and Other Relevant Activities in the Designated Airspace over Kosovo as promulgated by Act No. CCXLVIII of 2013 on Promulgation of the Implementing Agreement Between the Government of Hungary and International Security Force in Kosovo (KFOR) for the Provision of ANS and Other Relevant Activities in the Designated Airspace over Kosovo.). airspace, sovereignty, NATO, Kosovo, Hungary
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Xiang, Zheng, Yu Tang, and Feng Kang. "A Traffic Allocation Algorithm Base on Airline’s Profit Maximization in Multi-Aerodrome Terminal Airspace." Applied Mechanics and Materials 713-715 (January 2015): 1560–63. http://dx.doi.org/10.4028/www.scientific.net/amm.713-715.1560.
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Due to the capacity constraint on traffic flow in multi-aerodrome terminal airspace, an algorithm to allocate traffic flow according to capacity in multi-aerodrome terminal airspace is studied by exploring collaborative decision making and law of economics. First, considering factors such as airline’s gross income, operation cost and delay cost, a traffic optimization model to maximize total airline’s profit is established, and constraints including capacity of multi-aerodrome terminal airspace are imposed as well. Then, an improved genetic algorithm to obtain optimal solutions to the optimization model is developed. Traffic flow can be better allocated according to capacity in multi-aerodrome terminal airspace by using the proposed strategy, while airline’s profit is increased simultaneously.
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Yustitianingtyas, Levina, Basuki Babussalam, and Asri Wijayanti. "Pengendalian Keselamatan Penerbangan Sebagai Upaya Penegakan Kedaulatan Negara di Ruang Udara dan Implikasinya di Indonesi." Jurnal Komunikasi Hukum (JKH) 7, no. 1 (February 2, 2021): 252. http://dx.doi.org/10.23887/jkh.v7i1.31474.
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The main concept that applies to the national airspace of a country is that the national airspace is closed to the flight of foreign aircraft. This is a further consequence of the acceptance of a state's complete and exclusive sovereignty over its air space. Therefore it is necessary to control the air space as one of the ways to enforce state sovereignty in air space. Even so, despite efforts to control air space, there are still frequent violations of Indonesian airspace. In writing this law, the focus of the problem to be studied is related to the occurrence of violations of a country's airspace if the foreign aircraft is in the Indonesian airspace without a permit or carries out flight activities not through a flight path that has been determined based on Indonesian national legislation as an effort to enforce sovereignty state in air space.
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Xiang, Zheng, Yu Tang, and Feng Kang. "A Collaborative Traffic Optimization Strategy to Maximize Airline’s Net Income in Single-Aerodrome Terminal Airspace." Applied Mechanics and Materials 713-715 (January 2015): 1487–90. http://dx.doi.org/10.4028/www.scientific.net/amm.713-715.1487.
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Due to the impact of capacity change on traffic flow in single-aerodrome terminal airspace, a strategy to balance traffic flow and capacity in single-aerodrome terminal airspace is studied by introducing the idea of collaborative decision making and law of economics. First, considering factors such as airline’s gross income, operation cost and delay cost, an optimization model based on traffic flow to maximize total airline’s net income is established, and constraints including capacity of single-aerodrome terminal airspace are imposed as well. Then, a genetic algorithm to optimize the above model is proposed and realized. Traffic flow and capacity in single-aerodrome terminal airspace can be balanced by using the proposed strategy, while the total airline’s net income is increased at the same time.
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Sulastri, Lusia. "Politik Tindak Pidana Penerbangan: Tinjauan Pelanggaran Kedaulatan Negara di Ruang Udara Indonesia." Jurnal Keamanan Nasional 7, no. 2 (January 20, 2022): 230–53. http://dx.doi.org/10.31599/jkn.v7i2.508.
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This research is intended to examine the regulation of punishment and prosecution for violations of state sovereignty in Indonesian airspace. The legal vacuum of clear regulation regarding the sovereignty of air space that is firm becomes the urgency of punishment for violations of state sovereignty in Indonesia's air space. Indonesia has Law Number 1 of 2009 concerning Aviation where Article 414 states that anyone who operates a foreign aircraft in the territory of the Unitary State of the Republic of Indonesia without a permit shall be punished with imprisonment for a maximum of 5 (five) years or a fine of a maximum of Rp. 2,000,000. .000,00 (two billion rupiah). However, this arrangement has not been effective in ensnaring people who violate state sovereignty in Indonesian airspace so that violations of State Sovereignty in Indonesian Airspace have increased. Air violations that often occur in the territory of the Republic of Indonesia suggest weaknesses in law enforcement.
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Abbas, Ilham, Andi Bangsawan, Sufirman Rahman, and La Ode Husen. "LA NATURALEZA DE LA VIGILANCIA DEL ESPACIO AÉREO MEDIANTE LA INTELIGENCIA PARA LA DEFENSA Y LA SEGURIDAD DEL TERRITORIO DE LA REPÚBLICA DE INDONESIA." Revista de Gestão Social e Ambiental 18, no. 7 (June 11, 2024): e06263. http://dx.doi.org/10.24857/rgsa.v18n7-107.
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Objective: This research aims to analyze, criticize, and determine the nature of airspace surveillance through intelligence concerning the Defense and Security of the Territory of the Republic of Indonesia. It further seeks to assess the effectiveness of such surveillance and identify the factors influencing its success. Theoretical framework: In line with its objectives, this research adopts a descriptive approach with a normative legal research methodology, supplemented by sociological legal research. By employing this framework, the study endeavors to provide a comprehensive understanding of airspace surveillance within the Indonesian context. Method: To achieve its objectives, this study utilizes descriptive research methods, drawing upon normative legal research complemented by sociological legal research. Through this methodological approach, the research aims to gather empirical data and analyze legal frameworks to shed light on airspace surveillance practices. Results and conclusion: The findings of this research indicate several key insights. Firstly, the nature of airspace surveillance through intelligence is primarily framed within the context of preventive measures within the Air Defense Identification Zone (ADIZ). Secondly, while efforts are made, the effectiveness of airspace surveillance concerning the Defense and Security of the State Territory of the Republic of Indonesia is deemed inadequate. Thirdly, factors impacting effectiveness range from legal limitations to challenges in human resources coordination, infrastructure issues, community dynamics, and cultural attitudes. Implications of the research: The implications of this study are multifaceted. Firstly, it highlights the urgent need to optimize airspace surveillance conducted by the Indonesian Air Force, supporting the enhancement of air defense capabilities through equipment reinforcement. Secondly, it underscores the necessity of drafting legislation on Airspace Management to strengthen law enforcement against airspace violations. Finally, it emphasizes the importance of community involvement in airspace regulation, including participation in spatial development planning processes. Originality/value: This research contributes original insights into the nature and effectiveness of airspace surveillance through intelligence within the Indonesian context. By offering recommendations for improving airspace management strategies, the study provides valuable guidance for policymakers and stakeholders involved in national defense and security initiatives.
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Majid, A. A. "Jural Aspects of Unauthorised Entry Into Foreign Airspace." Netherlands International Law Review 32, no. 02 (August 1985): 251. http://dx.doi.org/10.1017/s0165070x0001086x.
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Wijayanto, Setiawan, I. Wayan Midhio, and Afrizal Hendra. "Optimization of the Universal Defense System with Strengthening Air Sovereignty in the Republic Of Indonesia." IAR Journal of Humanities and Social Science 3, no. 01 (February 28, 2022): 66–72. http://dx.doi.org/10.47310/iarjhss.2022.v03i01.010.
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The international recognition of airspace as part of state sovereignty provides strong legitimacy for Indonesia to fully and exclusively regulate its air space. Unfortunately, this has not been done optimally by Indonesia, which can be seen from the lack of adequate facilities, infrastructure and human resources that affect the ability to maintain national airspace sovereignty. Even though the regulation regarding regional borders has been clearly regulated through the 1944 Chicago Convention. Based on these problems, the purpose of this study is to identify and analyze efforts to strengthen airspace sovereignty that can be done by Indonesia in order to maintain the sovereignty of the Indonesian state. This study uses a descriptive qualitative approach by collecting secondary data sources through literature study. From the review conducted, it was found that the efforts that can be made by the Indonesian government to strengthen the sovereignty of the airspace of the Indonesian state are by optimizing aspects of the universal defense system in accordance with Law no. 3 of 2002, which was then followed by a strategy of strengthening airspace sovereignty in the form of improving and optimizing the resources owned.
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Lykhova, Sofiia, and Natalya Semchuk. "SOME FEATURES OF AVIATION CRIMES DURING MARTIAL TIME." Scientific works of National Aviation University. Series: Law Journal "Air and Space Law" 2, no. 63 (June 30, 2022): 18–22. http://dx.doi.org/10.18372/2307-9061.63.16704.
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The purpose of this article is to analyze aviation crimes in martial time and develop theoretical and practical recommendations to combat this phenomenon. Methods: general and special scientific methods were used to achieve this purpose. The use of these methods allowed to outline the problems of combating of aviation crimes from a criminal law point of view and to offer practical recommendations for combating this phenomenon. Results: during the preparation of the article, martial state was declared in Ukraine in connection with the attack of the Russian Federation. Contrary to international law, Russia has not officially declared war on Ukraine. In Ukraine war crimes introduced additional responsibility only for the Ukrainian military, there are special features of qualification. As Ukraine has now closed the airspace to all aircraft except Ukrainian state military aircraft, all Russian military pilots who perform combat sorties in Ukrainian airspace are liable both as ordinary airspace violators and as criminals against humanity. The article considers 3 main situations of war aviation crimes: investigation; flight with ammunition; bombing of non-residential buildings and bombing of civilian objects from the point of view of the criminal law and given practical recommendations on the possible qualification of such actions under the laws of Ukraine.
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Konert, Anna, and Piotr Kasprzyk. "Drones Are Flying outside of Segregated Airspace in Poland." Journal of Intelligent & Robotic Systems 100, no. 2 (January 17, 2020): 483–91. http://dx.doi.org/10.1007/s10846-019-01145-4.
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Abstract Poland was one of the first European countries to adopt a national regulatory framework for the operation of drones. During its first years (2013–2016), the national regulator was more focused on VLOS operations, and BVLOS operations were possible only in segregated airspace. Since 2019, a new law has allowed for certain types of BVLOS operations to be conducted outside of segregated airspace, at very low levels. This paper will analyze how national legislation is dealing with this new technology, focusing on the new law on BVLOS operations. As the national regulation will be replaced in June 2020 by common European rules that have been adopted 2019, this paper also aims to highlight the most important provisions of the EU regulation.
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Żylicz, Marek. "Podstawowe elementy prawa astronautycznego (zagadnienia wybrane)." Studia Prawnicze / The Legal Studies, no. 1 (April 29, 2023): 175–210. http://dx.doi.org/10.37232/sp.1960.1.5.
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Dynamicznie rozwijająca się nowa gałąź działalności człowieka, jakim jest astronautyka jest wyzwaniem dla teoretyków prawa. Autor artykułu przedstawia w niniejszej pracy powstające problemy prawne astronautyki i możliwe metody ich rozwiązywania takie jak np. możliwość zastosowania reguł prawa lotniczego. Przybliża czytelnikom pojęcie i zakres prawa astronautycznego. Definiuje przestrzeń lotów, wyjaśnia pojęcie i podział przestrzeni lotów, wskazuje na podstawowe zasady prawne takie jak np. zasada zwierzchnictwa państwa w terytorialnej przestrzeni powietrznej czy wskazuje na regulacje prawne dotyczące górnego zasięgu terytorialnej przestrzeni powietrznej. W trakcie analizy przedstawione zostaje pojęcie obiektów latających, zostają wyszczególnione rodzaje obiektów. Ponadto, autor artykułu przytacza przepisy dot. przynależności publicznoprawnej i własności obiektów latających.
The rapidly developing new branch of human activity that is astronautics is a challenge for legal theorists. The author of the article presents the emerging legal problems of astronautics and possible methods of solving them, such as the applicability of the rules of aviation law. He introduces readers to the concept and scope of astronautical law. The author defines the airspace, explains the concept and division of the airspace, points out basic legal principles such as the principle of state sovereignty in territorial airspace or points out the legal regulation of the upper limit of territorial airspace. In the course of the analysis, the concept of flying objects is introduced, the types of objects are detailed. In addition, the author of the article cites regulations on public ownership and ownership of flying objects.
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Fox, Sarah. "Single European Skies: Functional Airspace Blocks Delays and Responses." Air and Space Law 41, Issue 3 (May 1, 2016): 201–27. http://dx.doi.org/10.54648/aila2016018.
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This article considers the ‘Functional Airspace Blocks’ (FABs) – which are part of the European initiative for a Single European Sky (SES). The primary objective of the transport policy has been to complete the internal market for transport and facilitate the free movement of persons, good and services. Yet the significance of the transport policy to the wider objectives of the EU is often overlooked. Whilst deregulation of the air transport sector in the EU has created the world’s largest and most successful example of regional market integration and liberalization in air transport – the industry remains hampered by disjointed skies, which standard to compromise safety and impact upon economic development. And, whilst the FAB should have been completed – ‘by’ December 2012 – it is still not a reality. The research identifies the aims and advantages of a common European airspace and reviews the delays and consequences of implementation, specifically commenting on the use of the infringement process (or non-use) against Member States regarding the implementation of the FABs.
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Porter, Sarah. "Sovereignty over Airspace and the Chicago Convention: Northern Cyprus." Air and Space Law 35, Issue 1 (February 1, 2010): 63–70. http://dx.doi.org/10.54648/aila2010006.
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Nisa, Candra Ulfatun, and Hari Sutra Disemadi. "Yurisdiksi Kriminal Terhadap Black Flight Di Ruang Udara Wilayah Indonesia." SASI 26, no. 3 (September 8, 2020): 365. http://dx.doi.org/10.47268/sasi.v26i3.289.
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The state in its capacity as one of the subjects of international law, has the rights and obligations associated with sovereignty. The state is free and independent to exercise its sovereignty rights in full but also has an obligation to pay attention to its limits in not exercising its sovereignty in the territory of other countries. Regarding the sovereignty of the territory of the Republic of Indonesia, even though it has clearly established its boundaries and has been recognized by international law, violations of sovereignty territories often occur that are not intentional or intentional to achieve certain goals. One of them is a violation of the sovereignty of Indonesian airspace, namely black flight. The method of research using the normative juridical approach, with descriptive research specifications. The results of this study are that Indonesia's sovereignty over its national airspace boundaries is full, exclusive and fully closed to foreign aircraft or aircraft belonging to other countries. With regard to black flight, Indonesia by TNI-AU carries out criminal jurisdiction with a lighter action preceded in the form of a warning to get out and immediately leave the Indonesian airspace, to the more severe act of forcing a landing.
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Miller, Brian M. "Drone Delivery and the Takings Clause." Texas A&M Journal of Property Law 6, no. 2 (May 2020): 169–76. http://dx.doi.org/10.37419/jpl.v6.i2.3.
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Amazon, Inc.’s fledgling drone shipping service, “Prime Air,” and similar services, may pose a new threat to private property rights. Companies that ship by drone would likely have to fly the drones over private land. But who owns the low-altitude airspace above private land? That issue is unsettled, but the common law supports the view that low-altitude airspace belongs to the landowners beneath. If that is correct, companies like Amazon have two main options to get drone shipping off the ground: (1) pay the landowners on the intended routes for an easement through their low-altitude airspace, or (2) count on the government to compel easements through these spaces. The second option presents a Takings Clause problem. Because forced easements of flight intrude on landowner rights, landowners burdened by drone easements could potentially prove a per se taking. But even if drone easements are not per se takings, case law and the “character of the government action” factor in the Penn Central analysis give landowners a fighting chance to prove a regulatory taking. Overall, the Takings Clause could be a valuable tool for both economic efficiency and equity, requiring beneficiaries of drone easements to compensate those burdened by the easements. If drone shipping takes off in the U.S., current law may ensure that the negative externalities will not fall solely on the surface landowners.
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Koloay, Jorry Soleman. "Kekosongan Hukum dalam Pengelolaan Ruang Udara di Indonesia." Jurnal Keamanan Nasional 7, no. 1 (August 13, 2021): 60–70. http://dx.doi.org/10.31599/jkn.v7i1.494.
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Indonesia's airspace is a sovereign area with strategic value because it is utilized for various functions and dimensions of interest. As an inseparable part of the land, sea, and under the earth space, the air space should be arranged for security, safety, service and prosperity. However, the absence of a law that underlies the management of air space, makes the interests of using air space overlap, not properly synchronized, and it seems that there is a lack of collaboration. This study uses a qualitative approach with content analysis methods, to discuss theories, analyze policies and analyze expert opinions on the vacuum of airspace management policies in Indonesia, to then draw conclusions and recommendations. It is hoped that this study will be of use to efforts to formulate a very strategic and needed national airspace management policy.
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Lee, Sanghoon. "Back to Air in Disarray?: Disparity in Practices and Interpretations on ADIZs Disrupting the Safety of Civil Aviation." Journal of Air Law and Commerce 87, no. 2 (2022): 271. http://dx.doi.org/10.25172/jalc.87.2.3.
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The interconnectivity of civil aviation has been long praised with the success of the International Civil Aviation Organization (ICAO) in harmonizing navigation standards and procedures, along with the utilization of Flight Information Regions (FIRs). However, continuing geopolitical tensions with different implementations of Air Defense Identification Zones (ADIZs) have belittled the technical achievement. Among different State practices, some ADIZs have expanded beyond territorial airspace and even overlapped with other FIRs, requiring overflying air- craft to submit flight plans and abide by procedures separate or in addition to air traffic control obligations. The purpose of this Article is to review the ongoing political tensions that are common in issues with ADIZs beyond territorial airspace and to explore different legal schemes put forth by States. While there is no prevailing rule of law that defines the scope and procedure of ADIZs, this Article further revisits the due regard principle under international law and State practices beyond territorial airspace. Due to its reciprocal characteristic, this principle does not solely advocate for the coastal State to arbitrarily put limitations on the freedom of flight beyond its territorial airspace. Rather, the established FIRs have already given considerable certainty and accountability to the overflown State, where the principle also directs both the overflying and overflown States to actively engage in communication and practices involving liaisons. This principle envisions regional confidence-building measures on aerial communication and the technical leadership of ICAO to support these States in reducing the relational gap and facilitating civil–military cooperation.
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Hardianti, Hardianti, Irma Halimah Hanafi, and Welly Angela Riry. "Pengaturan Tentang Penerbangan Komersial Dan Tanggung Jawab Negara." TATOHI: Jurnal Ilmu Hukum 3, no. 10 (December 30, 2023): 962. http://dx.doi.org/10.47268/tatohi.v3i10.1958.
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Introduction: In transportation activities, the risk of an accident is an unavoidable thing so that unification of arrangements regarding this matter is an absolute thing to do.Purposes of the Research: This study aims to find out and examine how the regulation regarding the flight of commercial aircraft in the air space of a country is reviewed from international law and how the form of state responsibility when a commercial aircraft is shot down is reviewed from international law Methods of the Research: This writing uses a normative type of legal research, which is carried out by studying theories, concepts, legal principles, and laws and regulations. In this study, the author used 2 approaches, namely the statutory approach, and the case approach.Results of the Research: The results showed that the International air law Regulation related to the parties' obligation to regulate the safety of commercial flights crossing its airspace must be in accordance with the Chicago Convention of 1944. These arrangements are made so that flights that cross the airspace of other countries can be kept safe and secure. Iran's shooting down of Ukrainian plane PS752 has violated provisions in the 1944 Chicago Convention on its airspace in an armed dispute. Therefore, Iran must take responsibility for this incident. In the future, firmness and increased cooperation with various parties are needed so that safety and security in international flights and national flights can be achieved.
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Hanafi, Irma Halimah. "Analisis Kasus Penembakan Pesawat Udara Ukraina oleh Militer Iran." Balobe Law Journal 1, no. 2 (October 28, 2021): 91. http://dx.doi.org/10.47268/balobe.v1i2.651.
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Introductioan: Aviation is an activity that many people are interested in at this time, because it can cover one place in a fast time. In international law, aviation is divided into civil aviation and military aviation. The shooting down of the Ukrainian plane by the Iranian military is a unique case because the one shot was a scheduled civilian plane flying over the airspace of a country that is at war or armed conflict.Purposes of the Research: Therefore, the purpose of this paper is to analyze in depth how international air law regulates the shooting of civilian aircraft in the airspace of countries that are in situations of war or armed conflict.Methods of the Research: by using normative legal research methods that use secondary data consists of primary, secondary and tertiary legal materials with a statutory approach and historical approach.Results of the Research: The result of this paper is that the shooting of a civilian aircraft gives a lesson that in situations of war and armed conflict, Countries involved in war or armed conflict should establish a no-fly zone in their airspace and notify the international community about their country being in a state of war or armed conflict.
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Mukti Setiyawan, Wahyu Beny, Nurul Hidayah, and Andi Chaerul Sofyan. "Urgensi Penerapan Interdependent Airspace Governance Untuk Optimalisasi Tata Kelola Ruang Udara Nasional Sebagai Antisipasi Open Sky Policy." Wajah Hukum 4, no. 2 (October 19, 2020): 494. http://dx.doi.org/10.33087/wjh.v4i2.252.
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Indonesia as an archipelago state has a national airspace of 5,180,053 km². Indonesia's airspace is located in a strategic position between the continents of Asia and Australia which makes Indonesia one of the busiest air routes in the world. Therefore, the management of air space is a vital matter that must be emphasized through various legal instruments. The sovereignty of Indonesian air space is affirmed in Article 49 paragraph (2) of the 1982 International Law of the Sea Convention which was ratified by Law Number 17 of 1985 concerning Ratification of the United Nations Convention on the Law of the Sea. This article explicitly regulates the legal status of archipelagic waters, air space over archipelagic waters and the seabed as well as the land below. So far, territorial sovereignty that is complete and exclusive is regulated in Law Number 1 of 2009 concerning Aviation, but it does not specifically regulate the boundaries of Indonesia's sovereign air space, either vertically or horizontally. The national airspace of a country is completely closed to foreign aircraft, both civilian and military, so it must be with the permission of the underworld, either through bilateral agreements or multilateral agreements, so that a country's national air space can be traversed by foreign aircraft. Such closed nature can be understood considering that air space is a very vulnerable medium of movement when viewed from the point of view of under-state defense and security. Attacks using aircraft have many advantages and conveniences that can exploit the vulnerability of an air space, such as its fast (speed), wide range, surprise, optimal penetration. This is what prompts each country to adopt its national airspace protection standards which are strict and rigid. Flights between countries are fully regulated through the Bilateral Air Transport Agreement (BATA). Without BATA, the state cannot provide air transportation services to a country. BATA itself is a form of implementation of state sovereignty in air space that is complete and exclusive in the midst of globalization challenges, such as aviation liberalization (Open Sky Policy). Referring to the Open Sky Policy, this policy allows air carriers to make decisions on routes, capacities, prices and various options for flight activities.
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Su, Jinyuan. "The Practice of States on Air Defense Identification Zones: Geographical Scope, Object of Identification, and Identification Measures." Chinese Journal of International Law 18, no. 4 (December 1, 2019): 812–35. http://dx.doi.org/10.1093/chinesejil/jmaa001.
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Abstract This note provides a survey of the practice of States on ADIZs. It is found that while some ADIZs are entirely within territorial airspace, most extend beyond the outer limit into the airspace above the EEZs and even the high seas; and in the part beyond territorial airspace, transiting aircraft are prevalently subject to identification. Transiting military aircraft, which most of the time refuse to identify themselves voluntarily by submitting a flight plan or reporting their positions, may nevertheless be identified passively through radar detection, radio communication or close visual check. As most ADIZs are within the claiming State’s FIRs, transiting civil aircraft can be identified “unconsciously” through civil air traffic control. Where an ADIZ extends beyond the claiming State’s FIRs, most transiting civil aircraft comply with voluntary identification measures, presumably due to the light extra burden incurred. The non-compliant are easy to identify through passive means such as radar detection and radio communication, with the use of close visual check highly unnecessary.
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Abeyratne, Ruwantissa. "Responsibility and Liability Aspects of the Icelandic Volcanic Eruption." Air and Space Law 35, Issue 4/5 (August 1, 2010): 281–92. http://dx.doi.org/10.54648/aila2010029.
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The fallout from the Icelandic volcano in April 2010 brought to bear yet another burden on the airline industry and issues and questions on responsibility for stranded passengers worldwide. The most curious outcome of the closure of airspace over some European States and the subsequent grounding of flights worldwide, resulting in hundreds of thousands of passengers being left to their own devices in instances where the airlines did not, or could not, provide assistance, was the noticeable silence on the part of States concerned with regard to their responsibilities to travelling citizens. Although under ordinary circumstances airlines are liable to look after their passengers, particularly in circumstances within their control, the volcano was completely unexpected and air carriers were faced with State action, which closed the airspace of several European States. This article discusses the nature and effects of a volcanic eruption on aircraft in flight, along with regulatory issues connected thereto and two issues of liability: State liability and air carrier liability, with a focus on European law and practice.
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Vrbaski, Lazar. "Liability of Air Navigation Service Providers: Towards an International Solution." Air and Space Law 38, Issue 1 (February 1, 2013): 33–46. http://dx.doi.org/10.54648/aila2013003.
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The rapid growth of air traffic is inevitably leading to congested skies, which may cause more flight delays, and more alarmingly, jeopardize the safety of air navigation. For this reason, the provision of air navigation services is undergoing constant modernization, necessitating a solid legal framework. This paper examines the adequacy of the current legal framework, characterized by predominantly national regulation, with respect to traditional and cross-border arrangements for the provision of air navigation services. The Single European Sky legislative package, while reconfiguring European airspace into functional airspace blocks, does not address the liability of air navigation service providers. As will be discussed in this paper, complex cross-border services provision scenarios, such as those envisaged by the Single European Sky project, require a clear liability framework, which, in our view, would best be achieved through lawmaking on the regional level. This could serve as a basis for an international convention which would be desirable, should concepts such as the Single European Sky develop in other regions of the world.
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Gurtner, Gérald, and Andrew Cook. "The hidden cost of uncertainty for airspace users." Journal of Air Transport Management 91 (March 2021): 102002. http://dx.doi.org/10.1016/j.jairtraman.2020.102002.
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Vaaben, Bo, and Jesper Larsen. "Mitigation of airspace congestion impact on airline networks." Journal of Air Transport Management 47 (August 2015): 54–65. http://dx.doi.org/10.1016/j.jairtraman.2015.04.002.
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Gurtner, Gérald, and Andrew Cook. "The hidden cost of uncertainty for airspace users." Journal of Air Transport Management 91 (March 2021): 102002. http://dx.doi.org/10.1016/j.jairtraman.2020.102002.
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Armstrong, Alan. "Proposed revisions to America’s national airspace system: a crisis in leadership?" Air and Space Law 13, Issue 4/5 (August 1, 1988): 172–77. http://dx.doi.org/10.54648/aila1988026.
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Markiewicz, PhD, Assoc Prof Telesfor Marek. "ECONOMIC AND FINANCIAL ASPECTS OF AIR TRAFFIC MANAGEMENT IN POLISH AIRSPACE." Zeszyty Naukowe Akademii Sztuki Wojennej 114, no. 1 (November 17, 2019): 20–36. http://dx.doi.org/10.5604/01.3001.0013.5763.
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The article discusses selected provisions of EU aviation law concerning economic issues of air traffic management. This process in European airspace is carried out by air navigation service providers, which, unlike airport operators and air carriers, have a monopolistic position and do not operate under market conditions. Consequently, the lack of competition between air navigation service providers replaces the common charging system for airspace users established by European Union law. In order to increase the cost-effectiveness of the services provided while maintaining a high level of safety of air operations, the navigation charges system was linked to the parallel implementation of the Single European Sky performance scheme for air navigation services in 2010. In 2019, the rules governing both systems were consolidated into a single legal act. The study also looks at the basic indicators of economic efficiency of air traffic management based on the example of the Polish Air Navigation Agency.
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Pramono, Agus. "AIR SOVEREIGNTY AND NO-FLY ZONES." Diponegoro Law Review 1, no. 1 (October 7, 2016): 99. http://dx.doi.org/10.14710/dilrev.1.1.2016.99-112.
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Sovereignty of a state in essence is an embedded, basic element of a state as a supreme power. However, the sovereignty of a state can only be applied within its own borders, where outside of its own territory the sovereignty of another country takes over. This research was carried out based on the approach of current legal regulations and review of literature. The study showed that airspace sovereignty is, in principle, embedded to a state of which ownership is exclusive in nature. No-fly zones are airspace in which a sovereign state determines to be restricted for flight traffic based on the existing international and national regulations. Keywords: State sovereignty, No-fly zone, International law
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Pradana, Muhamad Reza Ichsan, Lina Rosmayanti, and Dwi Lestary. "Providing Air Traffic Services to Unmanned Aircraft Vehicles in Banda Aceh’s Airspace." Proceeding of International Conference on Artificial Intelligence, Navigation, Engineering, and Aviation Technology (ICANEAT) 1, no. 1 (January 15, 2024): 81–85. http://dx.doi.org/10.61306/icaneat.v1i1.185.
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Nowadays, aircraft are becoming more and more important and talked about due to the rapid development of aircraft in the past few decades. In addition, we must also remember that this aircraft is an important object under air law. Aircraft that were once the result of modifications from hot air balloons have now far developed into aircraft that can be flown remotely, or currently known as drones. Even with the rapid development of drones in the last few decades, it cannot be matched by the progress of air law arrangements both internationally and nationally. With such conditions, both international air law and national air law have not been able to fully guarantee flight safety (safety first), which is the spirit of aviation as contained in the 1944 Chicago Convention, which states that the convention mandates that the growth of safe and orderly international civil aviation be guaranteed. The 1944 Chicago Convention obliges the state to ensure flight safety, including Indonesia. The intended flight safety is where every flight must be guaranteed safety by the country concerned, including civil aviation, military aviation, and drone flights or unmanned aircraft, because their operation using remote pilots has the potential to cause accidents.
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Arnold, Kinga, Iván Arnold, and Zoltán Papp. "The Difficult Present and Uncertain Future of the Single European Sky Network Manager: The Challenges We Are Facing and Why They Matter." Air and Space Law 42, Issue 2 (April 1, 2017): 185–213. http://dx.doi.org/10.54648/aila2017014.
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In order to ensure the safe and continuous flow of air traffic in European airspace, while avoiding congestion and minimizing delay and the impact on the environment, the Member States of EUROCONTROL have been jointly providing a centralized flow management function to airspace users for more than twenty years, through the Central Flow Management Unit and, more recently, the Network Manager. The future arrangement of this key function has lately become the subject of intensive discussions and some controversies. The parallel legal bases in EU law and international public law, the dual governance arrangements, and the differing views of the stakeholders on the future organization of the function, create a complex environment and pose a challenge for industry stakeholders, Member States of the EU, and EUROCONTROL. While the discussions have been going on for a considerable time, the legal aspect remains obscure and is a topic that is usually avoided. We suggest that clarification of the legal issues relevant to the central flow management/network management function is crucial for finding a lasting solution. We consider that the parallel legal bases in EU law and international public law should be reconciled. We will attempt to identify the basic questions that need to be considered going forward. We will also briefly address the relevance of the new legal concept of ‘industrial partnerships’ of the SES 2 proposal.
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Defossez, Delphine. "The Single European Sky: What about the Liability Aspect?" Air and Space Law 40, Issue 3 (May 1, 2015): 209–29. http://dx.doi.org/10.54648/aila2015016.
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Following the liberation of European air transport in the 1990s, the Union has tried to implement dramatic changes by enacting the Single European Sky (SES) Regulations. The cornerstone idea of the SES Regulations is to create so-called Functional Airspace Blocks or FABs. These FABs will normally satisfy the growing capacity requirements of all airspace users and minimize delays by managing air traffic more dynamically. This will have as immediate consequences an increase in efficiency. This article will examine each of the Treaties establishing the FABs in detail with regard to the liability aspect only and, while acknowledging their advantages, it will point out the differences in the protection they offer and the consequences the author sees happening. This article will also suggest several improvements. The primary focus of the article is the liability aspect in the FAB Treaties, but references to agreements between air navigation service providers (ANSPs) will also be included. Through showing the advantages of the proposal, this article highlights the hypothesis that the SES will not bring any changes to the current liability framework; to the contrary, it will further blur the general picture by adding a layer of fragmentation.
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Erotokritou, Chrystel, and Sofia Michaelides-Mateou. "Flying into the Future with UAVs: The Jetstream 31 Flight." Air and Space Law 39, Issue 2 (April 1, 2014): 111–29. http://dx.doi.org/10.54648/aila2014009.
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In April 2013, the first Remotely Piloted Aircraft System (RPAS) with two persons on board flew 500 miles in the non-segregated United Kingdom airspace at the same time as other commercial flights were being operated. On that day a new chapter in aviation history was written. This revolutionary flight reflects the rapidly expanding use of RPAS for civilian use and simultaneously raises several complex legal issues. The safe and legal operation of an aircraft is a complex task and even more so in cutting edge technological developments which thrust aviation into a new era. Proposed legislative enactments in Europe and in the United States are paving the way for the imminent integration of RPASs into non-segregated airspace by 2015 and 2016 respectively. The aim of this paper is to outline some of the complexities inherent in the operation of this pioneering flight related to, inter alia, safety, security, liability and insurance, privacy and protection of third parties. Furthermore, the paper highlights lacunae in the current legal framework and lastly, suggests possible ways to address these issues at the international, European and national level.