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SM ISO690:2012 BURIAN, Alexandru. Unele aspecte privind reglementarea relaţiilor interstatale în domeniul aviaţiei civile
. In: Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale, 2008, nr. 4, pp. 11-17. ISSN 1857-1999. |
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Revista Moldovenească de Drept Internaţional şi Relaţii Internaţionale | ||||||
Numărul 4 / 2008 / ISSN 1857-1999 /ISSNe 2345-1963 | ||||||
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Pag. 11-17 | ||||||
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The interstate relations in the area of exploring and using of the aerial space are ruled by the international aerial law. The international aerial law is a branch of the international public law and constitutes ensemble of the legal norms and principles of law that have the goal to settle the relations between its subjects; relations,
which appear as consequence of exploring and using of the aerial space by the civil aviation. The problem of the state sovereignty of the aerial space acquired a practical significance only at the end of the XIXth century and the beginning of the XXth century, in the same period with appearance and developing of the aerial navigation, which initiated a battle between states regarding the air domination. At that period
existed two theories concerning the aerial space: the freedom of the air and the sovereignty on the aerial space. Thus, at the Grand Session of the International Law Institute in 1906, it was formulated a thesis “L’air est libre”, the state have only auto defense rights. At the Congress in Vienna from 1910, it is considered that the
atmosphere above the terrestrial space it is liable to the state sovereignty and that above the free sea constitute the free space. After the First World War, the battle between the two principles had finished with the definitive triumph of the sovereignty state principle above the air space. According to this principle, the state is sovereign on the aerial column in the limits of its territory, including the aerial space above the territorial sea. The principle of state sovereignty above the air space has been dedicated in a series of international conventions, as the Paris Convention from 1919, Havana Convention from 1928, and Chicago Convention
from 1944. |
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