THE UTILITY OF AIR SPACE AND OUTER SPACE LAW TO STATES AND PRIVATE ENTITIES (original) (raw)
This paper examines how air law and space law can provide useful guidelines on the efficient and lawful use of Air and Outer Space by States and private entities.Air law is examined first as it provides clarification on the nexus between territorial sovereignty of States and the use or exploitation of their own airspace, aircraft nationality, and international dispute resolution of conflicts arising from international aviation, registration and ownership of aircraft. The paper also deals with conventional and emerging concepts which include Exclusive Sovereignty (EZ), No Fly Zones, hot pursuits, creation of International Aviation Organisation (ICAO) and other ancillary aspects. It motivates the argument that there is a contestation regarding the sanctity of air and law when regard is had to issues such as Air Defence Identification Zones (ADIZ) and regulation of emerging technologies such as drones and other Unmanned Aerial Vehicles (UAVs). Space law is explained from the perspective of aspects such as the freedom of use and exploration of outer space, the declaration of space as a non-territorial zone of any State, liabilities for damages, registration, jurisdiction and ownership of space objects, prohibition of national appropriation of outer space, avoidance of contamination of outer environment, licensing of satellites, and regulation of space tourism. Essentially, the paper moves the argument that both air and space law contain peremptory norms which have also morphed greatly into obligations erga omnes. Illustratively, examples from international environmental law, international water law and humanitarian intervention are used.
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