Air law theories there were a variety of theories prior to the first world war with regard to the status of the airspace above states and territorial waters one view was that the airspace was entirely free another that there was upon an analogy with the territorial sea a band of territorial air appertaining to the state followed by a higher . Air law and space law air law and space law are separate and distinct branches of law although they are occasionally treated as one quotaerospace lawquot air law the older of the 2 is the body of public and private law both national and international that regulates aeronautical activities and other uses of airspace. Air law in its current usage refers to the set of principles and series of rules governing the use of airspace and its benefits for aviation general public and different nations5 a number of multilateral as well as bilateral treaties have been formulated for the effective and peaceful usage of airspace. Air space in international law the space above a particular national territory treated as belonging to the government controlling the territory it does not include outer space which under the outer space treaty of 1967 is declared to be free and not subject to national appropriation the
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