Consequences of the Sovereingty Theory

Abstract

The theory extending the authority of the sovereign state to the airspace above the territory, involves as a first consequence that, where the surface of the globe is without a sovereign master, the airspace overhead has no sovereign either. Thus, above the open sea and above land as yet unoccupied the space is free. Thus far there is no difficulty in applying the principle that the airspace belongs to the land beneath it. But there are many other cases where the application may be less simple, we mean those cases where the sovereignty of the groundstate is more or less limited. There the question may arise as to whether such limitations include the air-domain or not. We should say that as a rule it all depends on the meaning of the stipulations, though some general indications may be given on the matter.