国际法视野下的空域主权及其保护:东南亚国家的外国人干预

Hafizh Siraji
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引用次数: 0

摘要

国家主权在国际法中不是一种解决办法,在国际世界中作为一个法律实体即作为国际法的主体。这也发生在一个国家或另一个国家之间,然后可以宣布每个国家同意的契约是不合适的,因为它们必须得到其他国家的行为的批准,或者我们可以称之为国家的相对性。理解国家对发展中的空域主权的概念有三种思路。首先,任何人都不能使用或使用空域,因为原则上,国家没有主权。第二,不限制空气空间边界高度的飞行自由等特殊权利是由荷兰国获得的。最后,国家有领空自由的原则,但有一个领土或领土区域赋予了国家可以实施的某些权利。本研究的目的在于能够从国际法的角度了解和分析国家如何通过规制和问责来保护和维护国家对空域的主权。本研究采用的研究方法是规范性司法图书馆法,即利用法律法规等原始资料的文献、学者的科学工作以及多本专著进行研究。然后在文献研究的支持下,以演绎描述的方式对其进行解释或描述。根据研究和讨论的结果,我们可以发现,关于国家主权领土概念的思考始于前面提到的三个理论思想。然后把1944年《芝加哥国际民用航空公约》中规定的国际协定放在一起,特别是国家对空域主权的定义,第一段写道:“缔约国承认,每一个国家对其领土以上的空域拥有复杂的和排他性的主权”。国家全面负责维护和保护国家领空主权领土。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Sovereignty of the Air Space and Its Protection in the Perspective of International Law: Some Aliens Intervention in Southeast Asian Countries
State sovereignty in international law is not a solution, in the international world as a legal entity that acts as a subject of international law. This also happens between one country or another, which can then be announced the deeds agreed to by each country are not appropriate, because they must be approved by the deeds of other countries or we can call it the Relativity of State.There are three thoughts in understanding the concept of state sovereignty over developing air space. The first is that air space cannot be used or used by anyone because in principle, the state does not have sovereignty. Secondly, special rights such as freedom of air that do not limit the height of the airspace boundary are obtained by the State of the Netherlands. And finally, the principle that the state has freedom of airspace, but there is a territory or territorial zone that gives certain rights to the under the state that can be implemented. This research has the purpose of being able to know and analyze how the regulation and accountability of the state in an effort to protect and maintain the country's sovereignty over air space viewed from the perspective of international law. The research method used in this study is the normative juridical library method, where this normative juridical research is a study using literature with primary data such as laws and regulations, the scientific work of scholars, as well as from several books. Then it will be explained or described in a deductive description supported by literature study. Based on the results of research and discussion, we can find out that the thinking on the concept of state sovereignty territory starts from the three theoretical ideas mentioned earlier. Then put together in international agreements as stated in the 1944 Chicago International Civil Aviation Convention especially the definition of state sovereignty over air space, paragraph 1 which reads "the contracting states recognize that every state has complication and exclusive sovereignty over the airspace above its territory". The state is fully responsible for the maintenance and protection of the country's sovereign territory over air space.
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