Expert: international law permits to deny passage to a plane

Moscow July 3 – RAPSI. Associated Partner of the Law Firm "YUST" Advocate Alexander Bolomatov told RAPSI Wednesday that international air law agreements contain reservations, which callow France and Portugal to deny the plane of a head of state passage over their territories.

Wednesday night, the authorities of France and Portugal revoked their permissions to use their airspace and airports to the plane of Evo Morales, the president of Bolivia. The liner took off in Moscow and was forced to land in Vienna. Presumably, the authorities of those countries were concerned that the ex-CIA Edward Snowden could be in the plane. Later both France and Portugal allowed the plane of Morales to fly over their territories.

According to the expert, the existing information is not sufficient for full understanding of the motives of the denial. The advocate believes: “However, following the principle of complete sovereignty of a state over its airspace, France and Portugal may fairly easy refer to a number of provisions of the Chicago Convention on international civil aviation, which entitle them to limit the said custom”. According to Alexander Bolomatov, such denial is a violation of customs in the area of air travel, but may fully comply with the provisions of international law given enough grounds.

The expert pointed out that practice (custom) was formed applying to the plane carrying the head of a state, according to which no special permission is required to fly over the territory of another state. The expert said: “It should, however, be noted that the Convention contains many exceptions, which allow forcing to obtain permissions for certain non-commercial irregular flights”. For example, violation of the security regime and interests of law and order may be such motives.

According to A.Bolomatov, the general rules on flights have been set by international air law agreements. The Chicago Convention on international civil aviation is the main agreement. Bolivia, Portugal and France are parties it since 1947.

The source of the publication is here.