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Non Consensual Aerial Surveillance In The Airspace Over The Exclusive Economic Zone For Military And Defence Purposes

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Chapter Summary

The fundamental principles of flight are to be found in the Chicago Convention on International Civil Aviation concluded in 1944, the successor treaty to the Paris Convention for the Regulation of Air Navigation of 1919. The United Nations Convention on the Law of the Sea (UNCLOS) of 1982 was drafted and seen to fruition by the Third UN Conference on the Law of the Sea which began debating the general text and rules of the Convention at the Second Session; or, as Castañeda puts it, its first 'substantive session' at Caracas between June and August 1974, grounding itself primarily on the 1958 Conventions on the territorial sea, continental shelf and the high seas. Before definitive conclusions are drawn, it is important, indeed necessary, to evaluate the situation from the point of view of State practice.

Keywords: Caracas; continental shelf; International Civil Aviation; territorial sea; UNCLOS



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