In my view the point is this:
- The relevant text from the Policy Statement (not widely distributed) is in the first paragraph:
Australia has a long-standing practice of declaring predominantly military restricted areas outside Australian territory in Australian-administered airspace. This is unacceptable to ICAO and unlawful under international law, with 93 permanent restricted areas declared in this manner. Restricting aircraft outside Australian territory contravenes The United Nations Convention on the Law of the Sea (1962) (UNCLOS) which confirms the concept of freedom of navigation and unrestricted overflight of ‘high seas’ (those areas which are not part of the territorial waters or internal waters of a State). These concepts are also found in Articles 1 and 2 of the Chicago Convention on International Civil Aviation (1944) (the Chicago Convention) which refers to the UNCLOS (1962) for its definition of high seas.- The AIC H29/22 (very widely distributed) however then tells fibs by saying:
The Chicago Convention does not permit any member State (such as Australia) to enforce flight restrictions on foreign registered aircraft in such international airspace
The AIC statement is untrue because,
the Convention as quoted in the Policy Statement, does not allow the establishment of R Areas at all!
The only conclusion that can be drawn is that Australia, by declaring restrictions on airspace outside of territorial waters, is in defiance of International law.
So much for the rule of law so often quoted by our politicians.