Whether the air space above the land and territorial waters is a part of a state or not and if it is then to what extent? This question has been answered by a number of divergent views of various world states in different times. Some consider that air space is totally under control of a state which may or may not allow an aircraft to pass through it whereas, other consider that, air space is part of a state’s territory to a limited extent; above which is the space common for mankind.
In order to regulate Aerial Navigation various conventions and multilateral as well as bilateral treaties have been introduced and the most preferred among them is ‘Chicago Convention on International Civil Aviation – 1944’ signed by 53 states. One of the clauses of this convention states; “No state aircraft of a contracting state shall fly over the territory of another without authorization by special agreement or otherwise in accordance with terms thereof”.