The Authority of the States in Using the Airspace. А Military Aspect

Abstract

In the article the regulation of using the airspace for military purposes is defined. In matters of using the airspace above its territory, the state is empowered with the complete and exclusive authority. The research correlates the task of national defense with the principle of State sovereignty. The legal limitations for countries in using the airspace of other countries are investigated.It is noted that the international community keeps a certain restraint in creating law for civil aviation. Technological development is ahead of the legal aspect and the development of new rules within compulsory international law is a consuming process.It seems however, that in matters of aviation operations carried out by the aircrafts whose status is difficult to formulate the relevant standards such as ius cogens that should be adopted by the international community. Only then the civil aviation will develop in the proper direction.