Violation of the State’s Sovereignty over its Air Territory: A Master’s Thesis at the Faculty of Law

The Faculty of Law, University of Karbala, discussed the master’s thesis entitled “Violation of the State’s Sovereignty over its Air Region”, the thesis submitted by the student “Wissam Issa Rahm”.
The thesis aimed at introducing the airspace and clarifying the rules that must be followed by the countries that fly over it or invade it, and explain the types of violations that undermine the sovereignty of the state and threaten its security and limit it as much as possible, and seek to build stable relations with countries where respect and harmony prevail, and to indicate the extent of the responsibility that falls on The aggressor state, as well as a statement of diplomatic and judicial methods for resolving the problems resulting from this violation and an indication of the appropriate type of reparation that repairs the damage resulting from it.
The study also showed that after the Second World War, there was a development in the concept of this principle through direct and indirect military intervention in contravention of the principles of the Charter of the United Nations that prevent interference in internal affairs, which are at the heart of the work of the internal authority of the state. its territory, including its air territory, but we see that some countries today are violating the rights of the state over their air territory without taking into account those international restrictions
The researcher reached a number of results and recommendations, the most important of which is that violating air navigation and traffic rules is a violation of the state’s air territory, but it is not at the same level. The state is responsible and obligated to compensate for the damage it has caused. The researcher also recommended adding the phrase (on its land, water, and air territory) to Article One of Chapter One of the Constitution of the Republic of Iraq for the year 2005, so that the text would read: Parliamentary) and democratic, and this constitution is a guarantor of the unity of Iraq. This is in order to understand from the text of the text that sovereignty over the airspace is the complementary part of state sovereignty and reinforces the culture and society’s support for this direction.

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