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The ‘Rule Of Law’?

Old 7th May 2021, 06:01
  #21 (permalink)  
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It’s no different.

If a foreign aircraft flies through ‘Australian controlled airspace’ but never comes into Australian territory, there is no offence under Australian law.

It may well be an offence under the law of the country of the aircraft’s nationality, but that’s a matter of that country’s domestic law, not Australia’s. Australia can pass a valid law that says that no Australian aircraft or holder of an Australian pilot’s licence may do X anywhere on the planet. Australia cannot pass a valid law saying the same about foreign aircraft.
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Old 7th May 2021, 13:46
  #22 (permalink)  
 
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Originally Posted by megan
The world has controlled airspace in international/territorial waters, so how is that different to R areas?
By making a restriction area, the country denies flying in a certain area.... it cannot do that outside territorial waters.

Ask Greenland Authorities... They tried doing so during oil drilling off the west coast, to keep Greenpeace helicopters away.... Greenpeace dragged it through court (or almost, a complaint to the CAA was enough), and the CAA stepped in and the area was removed. It has to be said the CAA wasn't involved in the decision beforehand, so they were not to blame.

Eventhough you have class A airspace etc. over international waters, you still see the military of particular nations give a crap and fly VFR through it.
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Old 8th May 2021, 00:47
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Every day is a day of learning, thanks all. ICAO Annex 2,
Restricted area. An airspace of defined dimensions, above the land areas or territorial waters of a State, within which the A flight of aircraft is restricted in accordance with certain specified conditions.

“3.3.2.2 According to their definitions, a danger area implies the least degree of restriction, while the prohibited area constitutes its most stringent form. It should also be noted, however, that this definition is applied only with respect to airspace which is situated over the territory of a State. In areas where no sovereign rights are exercised (e.g. over the high seas) only danger areas may be established by that body responsible for the activities causing their establishment.”

“3.3.2.4 Over the high seas, regardless of the risk involved, only danger areas can be established. Those who initiate danger area restrictions over the high seas are under an increased moral obligation to judge whether establishment of the danger area is unavoidable and if it is, to give full details on the intended activities therein. It would also appear that activities exceeding a certain risk level should not be conducted in such airspace and that other methods of achieving the desired objective, such as temporary airspace reservations, should be applied.”
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