Because of the human mind's propensity to dichotomise, it's difficult for laypeople to comprehend that sovereign states can (and do) legislate for the regulation of aircraft of their own nationality beyond 12 nm from the baselines established in accordance with UNCLOS, even though the legislation may not be binding on aircraft of other nationalities. That's why it's illegal, in Australian law, for a VH-registered aircraft to operate in Swaziland for a commercial purpose prescribed for the purposes of section 27 of the Australian Civil Aviation Act, without an AOC issued under the Australian Civil Aviation Act authorising that operation. However, it is not unlawful, in Australian law, for an N-registered aircraft to operate, in Swaziland, for a commercial purpose prescribed for the purposes of section 27 of the Australian Civil Aviation Act without an AOC issued under that Act.
So Canada and Australia and Orangeland can declare any kind of airpace anywhere in the universe, and it will be binding on aircraft of the nationality of the declaring nation. Australia can declare Class B airspace in the middle of the Pacific ocean (and can declare a Romeo area that extends beyone 12nms from the baseline) and it will be binding on aircraft with Australian nationality (so it's probably best to publish that on a chart...) However, it won't be binding, as a matter of international public law, on aircraft of other nationalities when they are outside 12 nm from the baselines of Australia (or Canada or Orangeland) established in accordance with UNCLOS, unless the country of 'home' nationality has legislated requiring aircraft of its nationality to comply with the delarations of other countries to the extent they purport to apply further than 12nms from the baseline ...
But don't forget Rule 1 of public international law: The country with the most guns can regulate anywhere they like...
Last edited by Creampuff; 4th Jun 2014 at 11:20.