The air sovereignty follows from the state's sovereignty and describes the fundamental right of a State , the use of its air space to regulate it ( Aviation Law = Luftverkehrsrecht = Air Law) in Germany, for example, through the Aviation Act . Air police measures, such as surveillance flights, are carried out by fighter planes kept ready for these tasks.
The airspace over the entire land and sea area of a state belongs to the sovereign territory . The extent of the national airspace therefore usually corresponds to the border. Parts of the airspace can also be assigned to other countries for use. Entry into the airspace of a UN member state does not require a permit for civil aircraft ( Chicago Convention on International Civil Aviation ).
The upper limit of the airspace is not clearly defined by law. The usual boundaries (such as the Kármán line ) are not relevant under international law for the delimitation of the air space subject to air sovereignty from the sovereign space . The legal gray area extends between 60 and 110 km above the earth's surface. Below 60 km, the airspace can undoubtedly be considered to belong to the national territory below, from 110 km it is without doubt a state-free area.
From the international concept of air superiority is (sometimes colloquially so confused) war tactical concept of air superiority (absolute air superiority ) delineate. For example, in an armed conflict, a state can no longer exercise its air sovereignty if another state has gained air control over its territory .
- Daniel-Erasmus Khan: The German state borders. Legal history basics and open legal questions. Mohr Siebeck, Tübingen 2004, ISBN 3-16-148403-7 , p. 641.