ABSTRACT

A matter that has given rise to considerable discussion in the period since 1945 has been that of unauthorised aerial intrusion. If one starts from the assumption of state sovereignty in airspace, then it follows that an unauthorised intrusion is prima facie a trespass; in principle, such an intrusion would justify an interception and a request to land. However, it is clear from state practice that a distinction has to be drawn between cases concerning civilian aircraft and those pertaining to military flights.