Freedom of Overflight: A Study of Coastal State Jurisdiction in International Airspace

Freedom of Overflight is a revolutionary book that delves deep into the ambiguous areas at the nexus of air law and the law of the sea concerning the balance between coastal State jurisdiction and freedom of overflight, thus providing greater legal certainty regarding State actions involving overflight in international airspace.

The author discerns and reviews in detail three striking issues that impact overflight in international waters:

• the right of a State to establish safety zones around maritime constructions and the legitimacy of extending these safety zones to the airspace
• what, if anything, under international civil aviation law specifically, prohibits a State from discriminating against the aircraft of another State in international airspace within its flight information region, and
• whether air defence identification zones can be justified as customary international law

The law of the sea concerning transit passage through international straits and archipelagic sea lanes as applied to airspace users are also explored in this book.

This book is the pioneer in-depth analysis of overflight that blends the perspectives of international civil aviation law and the law of the sea. It offers a comprehensive study of the legality of attempts by coastal States to exercise jurisdiction in international airspace over aircraft registered in other States, thus taking a giant step towards determining what freedom of overflight entails by establishing its legitimate limitations. It will be highly appreciated by practitioners, policymakers and academics concerned with international transportation, national defence, international trade and other areas of international law.