Airspace
What does Airspace mean in American Law?
The definition of Airspace in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
See air rights; navigable airspace.
Airspace in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of airspace.
Resources
See Also
- Law Enforcement Officer
- Police Officer
- Law Enforcement Agency
Further Reading
- airspace in A Dictionary of Law Enforcement (Oxford University Press)
- airspace in the Encyclopedia of Law Enforcement
- A Treatise on the Police of the Metropolis
Definition of Airspace
In the context of international law, the legal resource A Dictionary of Law, provides a definition of Airspace :
In English law and international law, the ownership of land includes ownership of the airspace above it, by application of the maxim cujus est solum ejus est usque ad coelum (whose is the soil, his it is even to heaven); outer space, however, is not considered to be subject to ownership.
In English law an owner has rights in as much of the airspace above his land as is necessary for the ordinary use of his land and the structures on it. Within these limits a projection over one’s land (such as a signboard) can be a trespass and pollution of air by one’s neighbour can be a nuisance. Pollution of air is also controlled by various statutes. There is no natural right to the free flow of air from neighbouring land, but *easements for the flow of air through a defined opening (such as a window or a ventilator) can be acquired. Civil aircraft flying at a reasonable height over land do not commit trespass, but damages can be obtained if material loss or damage is caused to people or property.
In international law, national airspace, including airspace above the internal waters and the territorial sea, is under complete and exclusive sovereignty of the subjacent state. As a result, apart from aircraft in distress, any use of national airspace by non-national aircraft requires the official consent of the state concerned. This can be granted unilaterally or more commonly (in respect of commercial flights) through a bilateral treaty, usually on conditions of reciprocity.
See territorial waters.
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