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PIL - What is meant by

the vessel is registered. The same applies to


international waters and airspace? planes flying in international airspace.
What is international airspace?
Airspace is the area or portion of the
atmosphere above a countrys territory that is
controlled by that country. This includes the
airspace above a countrys territorial waters,
which is explained below.
Under international law, a countrys airspace is
considered to be 12 nautical miles out from the
coastline of the nation. However, there is no
international agreement on how far a countrys
airspace extends vertically towards outer space.
Airspace that does not fall within the territory of
any particular nation, such as that above the
high seas is known as international airspace.
Countries may sometimes make agreements to
control certain sections of international airspace,
for example, a significant part of the airspace
over the Pacific Ocean is controlled by the
United States of America, despite it being
international airspace.
What are international waters?
Under the 1982 United Nations Convention on
the Law of the Sea, territorial waters are waters
extending up to 12 nautical miles from a
coastal state, and they are considered to be
within the jurisdiction of that particular state or
territorial waters. If oceans, seas, rivers or
lakes extend beyond international boundaries
and are not territorial waters, they are classed
as international waters. They are also referred
to as the high seas.

This means that the laws of the county to


which the ship or plane is registered will
apply while in transit in international waters or
airspace
Therefore, airlines and ships have to comply
with the laws of the country of registration during
the flight, which means, for example, that an 18year-old flying from the UK to the United States
on a US-registered plane may not be served
alcohol as it is illegal for people under 21 to do
so in the US.
If a crime is committed aboard a ship or
plane whilst in international waters or airspace,
then the country of registration will have
jurisdiction to punish the offender. However,
if they cannot or choose not to take action, then
international law allows the country of the victim
(or a person involved) to bring proceedings
against the offender.
Additionally, under the international principle of
universal jurisdiction, any nation or state can,
under some circumstances, claim jurisdiction
to prosecute offenders that commit crimes in
international airspace or waters. For example,
piracy and slave trading are subject to specific
international laws. This means, in relation to
piracy, that action can be taken against pirates
by any country, without the country to which the
vessel is registered objecting.

By all accounts, the laws and international


conventions governing international airspace
Which country has jurisdiction over aircrafts and international waters are very complex.
or vessels flying or sailing in international Therefore, if you have encountered any
airspace or waters?
problems in this regard, you should first seek
As a general rule, ships sailing in legal advice.
international
waters
are
under
the
jurisdiction of the state or nation to which This content is subject to Crown Copyright

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