STATE CONTROL OF THE AIR SPACE OVER THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE

Abstract

The Chicago Convention affirmed that the territorial sea and air space above it are part of the territory of the state and fall under its sovereignty. The extent of the territorial sea, however, is not established. This article considers the extent to which it is, and the author argues that the three-mile limit is not a universal rule established by international law, but a minimum limit recognized generally. He considers the basis of certain rights in the contiguous zone according to maritime law, and whether a corresponding right in the contiguous air space exists. Finally, he analyses recent Canadian and American security regulations under which both countries have claimed the right to control air traffic outside their territorial waters and over portions of the high seas.