LCP4801 FINAL ASSIGNMENT 1
YEAR 2022 SEMESTER 2
WE ALIGHT TUTORIALS
CALL, SMS OR APP +27611279778
EMAIL;
, Research based assignment: students should edit!!!
QUESTION 1
The captain and five crew of Ryanair flight FR4978 from Athens
to Vilnius were put under armed guard in Minsk after being
forced to divert the plane for a fake bomb threat – apparently
staged to allow the Belarus government to capture an
opposition journalist among the 126 passengers. As counsel
who specialises in international law, you are approached by
the European Union to offer advice. In a clearly articulated
essay, provide a legal opinion to, making sure to cover the
following important points:.
Does a state’s sovereignty extend to the airspace above its
land or territorial waters?
State Sovereignty is a fundamental principle of international law.
However, the term is very often used in a political sense, with
differing interpretations depending on context and intention. The
notion of sovereignty is dynamic, evolving with the development of
the global institutional environment. In aviation, sovereignty refers to
the ownership of airspace. In other words, to the exclusive
competence of a State to exercise its legislative, administrative and
judicial powers within its national airspace.
Sovereignty in relation to territory means “the right to exercise
therein, to the exclusion ofany other State, the functions of a State”1
A basic principle of international air law is that every state has
complete and exclusive sovereignty over the airspace above its
territory, including its territorial sea. By international law, a state
"has complete and exclusive sovereignty over the airspace above
its territory", which corresponds with the maritime definition of
1 Island of Palmas Case (1928) 2 RIAA 829, 838; Harris, 163
YEAR 2022 SEMESTER 2
WE ALIGHT TUTORIALS
CALL, SMS OR APP +27611279778
EMAIL;
, Research based assignment: students should edit!!!
QUESTION 1
The captain and five crew of Ryanair flight FR4978 from Athens
to Vilnius were put under armed guard in Minsk after being
forced to divert the plane for a fake bomb threat – apparently
staged to allow the Belarus government to capture an
opposition journalist among the 126 passengers. As counsel
who specialises in international law, you are approached by
the European Union to offer advice. In a clearly articulated
essay, provide a legal opinion to, making sure to cover the
following important points:.
Does a state’s sovereignty extend to the airspace above its
land or territorial waters?
State Sovereignty is a fundamental principle of international law.
However, the term is very often used in a political sense, with
differing interpretations depending on context and intention. The
notion of sovereignty is dynamic, evolving with the development of
the global institutional environment. In aviation, sovereignty refers to
the ownership of airspace. In other words, to the exclusive
competence of a State to exercise its legislative, administrative and
judicial powers within its national airspace.
Sovereignty in relation to territory means “the right to exercise
therein, to the exclusion ofany other State, the functions of a State”1
A basic principle of international air law is that every state has
complete and exclusive sovereignty over the airspace above its
territory, including its territorial sea. By international law, a state
"has complete and exclusive sovereignty over the airspace above
its territory", which corresponds with the maritime definition of
1 Island of Palmas Case (1928) 2 RIAA 829, 838; Harris, 163
