the Sovereignty of the State over the Air Space

The development of aviation as from the early years of the present century immediately raised problems as to the sovereignty of States over their air space.
Before the First World War (1914-1918) the only point on which there was universal agreement was that the air space over the open sea and over unappropriated territory was absolutely free and open.in regard to the air space over occupied territory and over waters subject to State sovereignty,there were a number of different theories,but upon the outbreak of the First World War in 1914.it was found,that the only theory commanding acceptance by States was theory of sovereignty of the State over the air space to an unlimited hight.this was adopted and enforced not merely by the belligerents,but also by neutral States.it was confirmed in Article 1 of the Paris Convention of 1919 for the Regulation of Aerial Navigation,where by the parties recognised that every State has complete and exclusive sovereignty over the air space above its territory and territorial waters.
The prodigious increase in trans-continental and inter oceanic aviation,following on technical developments both before and during the Second World War,raised new problems as to freedom of air transit and landing rights for international airlines.these and allied questions formed the subject of an International Civil Aviation Conference which met at Chicago in Nuvember 1944.the object of this Conference,at which over forty States were represented,was conclude world-wide arrangements governing commercial air traffic rights as well as technical and navigational matters relating to international aviation.the main discussion were concerned with obtaining agreement by all States to the concession of the Five Freedom of the Air,namely the rights of the airlines of each State to:
(1)-fly across foreign territory without landing.
(2)-land for non-traffic purpose.
(3)-disembark in a foreign country traffic originating in the State of origin of the aircraft.
(4)-pick up in a foreign country traffic destined for the State of origin of the aircraft.
(5)-carry traffic between two foreign countries.
Only the first two Freedoms appeared to obtain the support of  a majority of the States represented. accordingly,the Conference was constrained to draw up two Agreements:
(a)-The International Air Services Transit agreement providing for the first two freedoms.namely,flying without landing and landing rights for non-traffic purpose in foreign territory.
(b)-The International Air Transport Agreement embodying all Five Freedoms.
Besides these two Agreements the Conference drew up a Convention on International Civil Aviation setting out general principles of International Air Law and establishing a permanent International Civil Aviation Organisation.
The above-mentioned principles represent the main general rules of the International Law of the Air.
these leaves finally the problems of abuse of the air,already,so far as radio-communications are concerned.  the principles are emerging :
a-that every State has a right to prevent its air space being traversed by injurious transmissions of radio waves.
b-that every State is under a duty not to allow and to prevent its territory being used for the transmission of radio waves injurious to other States.
c-then there is the Moscow Treaty of 5 August 1963,banning unclear weapon tests in the atmosphere,in outer space and under water,under this Treaty the contracting States undertake to prohibit to prevent and not to carry out any unclear weapon test explosion,at any place under their jurisdiction or control in the atmosphere,beyond the limits of the atmosphere,including outer space or under water including territorial waters of the high seas.other modern technological developments appear to require some principles for the protection of all States from injury throgh the air space,for example,the use of atomic energy for certain purpose,may cause dangerous radiations affecting the air or clouds above the territory of neighboring States.the trend towards strct liability in this connection is reflected in the Treaty on the Principles Governing the Activities of States in Outer Space,including the Moon and Celestial Bodies,19 December 1966.