Status Hukum Ruang Udara dan Ruang Angkasa dari Aspek Hukum Internasional

Summary

The lecture explores the legal status of airspace and outer space, highlighting the evolution of international treaties and Indonesia’s stance. It discusses key agreements such as the 1919 Paris Convention and the 1944 Chicago Convention, establishing airspace sovereignty. The Outer Space Treaty of 1967 is also covered, emphasizing that outer space cannot be claimed by any nation. Debates on the boundary between airspace and outer space continue, with various proposals, including Indonesia's position set by its National Space Law. The lecture examines the ongoing international discussions and Indonesia's contributions to defining these legal frontiers.

Takeaways

• 😀 The legal status of airspace and outer space is a central topic of international law, with distinct treaties governing each area.
• 😀 The 1910 Paris Conference marked an important diplomatic meeting where experts debated the legal status of airspace, leading to different schools of thought.
• 😀 The continental school, led by Pangsile, argued for the freedom of airspace, while the Anglo-Saxon school, led by Westle, supported national sovereignty over airspace with the right of peaceful transit.
• 😀 The Paris Convention of 1919 established that states have exclusive sovereignty over the airspace above their territory.
• 😀 The Chicago Convention of 1944 reaffirmed the sovereignty of states over their airspace, with similar language to the 1919 Paris Convention.
• 😀 According to Article 1 of the Chicago Convention, states have full and exclusive sovereignty over the airspace above their territory, which includes both land and territorial waters.
• 😀 The legal definition of a state's territory is outlined in Article 2 of the Chicago Convention, specifying that it includes land areas and territorial waters as per the United Nations Convention on the Law of the Sea (UNCLOS).
• 😀 Indonesia, as an archipelagic state, has several types of territorial waters, including internal waters, territorial seas, and archipelagic waters, which contribute to its national airspace.
• 😀 The 1967 Outer Space Treaty (Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space) sets the legal framework for outer space, prohibiting national claims of sovereignty or occupation of outer space and celestial bodies.
• 😀 There is ongoing international debate about the boundary between airspace and outer space, with various theories suggesting the boundary could be set at an altitude between 80 km and 120 km above the Earth's surface.
• 😀 Indonesia's national space policy, as reflected in its 2003 Space Council decision and the 2013 Space Law, proposes that outer space begins at an altitude of 110 km above sea level, a position also supported by some international proposals, such as Russia's draft treaty from 2007.

Q & A

What was the Paris Conference of 1910 about?

The Paris Conference of 1910 was a diplomatic meeting where experts discussed the legal status of airspace and space. There were differing opinions between the Continental group, which supported the theory of free airspace, and the Anglo-Saxon group, which recognized national sovereignty but allowed for the right of peaceful passage in airspace.

What principle did the Paris Convention of 1919 establish regarding airspace?

The Paris Convention of 1919 established that every state has complete and exclusive sovereignty over the airspace above its territory. This was affirmed in Article 1 of the Convention.

How did the Chicago Convention of 1944 impact the regulation of airspace?

The Chicago Convention of 1944 reaffirmed the principle of complete and exclusive sovereignty over airspace as outlined in the Paris Convention of 1919. It included a similar provision in Article 1, stating that every state has full sovereignty over the airspace above its territory.

What elements make up a state's territory under the Chicago Convention of 1944?

Under the Chicago Convention of 1944, a state's territory includes its land areas and territorial waters. Territorial waters are defined according to the United Nations Convention on the Law of the Sea (UNCLOS).

How does Indonesia’s geography affect its national airspace?

Indonesia, as an archipelagic state, has multiple elements in its territorial waters, including internal waters, territorial seas, and archipelagic waters. Therefore, Indonesia’s national airspace includes airspace above its land territory, internal waters, territorial seas, and archipelagic waters.

What international treaty governs outer space and celestial bodies?

The governing treaty for outer space and celestial bodies is the 1967 Outer Space Treaty, which lays out principles for the exploration and use of outer space, ensuring that space is free for all humanity and not subject to national appropriation.

What does Article 1 of the Outer Space Treaty of 1967 state?

Article 1 of the Outer Space Treaty of 1967 states that outer space, including the moon and other celestial bodies, is free for exploration and use by all countries and is not subject to national appropriation, either by sovereignty, occupation, or any other means.

What are the main legal concerns regarding the boundary between airspace and outer space?

The main concern is the lack of international consensus on where the boundary between airspace and outer space lies. Different theories suggest varying altitudes for this boundary, but no agreement has been reached. Some propose 80 km, while others suggest 100 km or even a higher elevation.

What is Indonesia’s position on the boundary between airspace and outer space?

Indonesia’s position, as reflected in the 2003 National Space Council session and the 2013 Space Law, is that outer space should begin at 110 km above sea level. This aligns with Indonesia's political stance on the definition and delimitation of outer space.

What proposal did Russia make regarding the definition of outer space?

In 2007, Russia proposed a draft treaty during a UN session that defined outer space as starting from approximately 100 km above Earth's surface. This proposal aimed to establish a clear boundary for outer space.