AIR AND SPACE LAW : Up until the early part of this century the law relating to air space was not settled. Certain writers suggested that there should be a territorial air space above a state’s territory with a similar regime to that of the territorial sea.

doi:10.4324/9781843143802-108

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ABSTRACT

Article 5 Each contracting state agrees that all aircraft of the other contracting states, being aircraft not engaged in scheduled international air service, shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the state flown over to require landing. Each contracting state nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.