THE PRINCIPLE OF STATE SOVEREIGNTY UNDER THE CHICAGO CONVENTION Sample Clauses

THE PRINCIPLE OF STATE SOVEREIGNTY UNDER THE CHICAGO CONVENTION. The Chicago Convention is based on the principle of complete and exclusive sov- ereignty of a State over the airspace above its territory,17 and where this territory is defined as ‘land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such State.’18 Although the meaning and scope of the concept of State sovereignty is highly contested in modern studies of international law,19 for the purpose of this study a simple meaning of this notion, as proposed by Xxxxxxxxxxx, has been adopted: Sovereignty in the sense of contemporary international law denotes the basic international legal status of a State that is not subject, within its territorial jurisdiction, to the govern- mental, executive, legislative, or judicial jurisdiction of a foreign State or to foreign law other than public international law.20 From a general perspective it is important to distinguish between State sovereignty as a principle of international law, and the exercise of this sovereign- ty. This distinction has been present in legal discourse from the beginning of con- stitutional theory. For example, Hobbes in De Cive observes: We must then distinguish between the Right, and the exercise of supreme authority, for they can be divided; as for example, when he who hath the Right, either cannot, or will not be present in judging trespasses, or deliberating of affaires: For Kings sometimes by reason of their age cannot order their affaires, sometimes also though they can doe it 17 'Chicago Convention', Article 1. 18 Ibid. Article 2. 19 Xxx Xxxxxxxx, International organizations and their exercise of sovereign powers, (2005), pp. 3- 14. 20 Xxxxxx Xxxxxxxxxxx, 'Sovereignty', in Encyclopedia of Public International Law, ed. by Xxxxxx Xxxxxxxxx (2000), p. 501. themselves, yet they judge it fitter, being satisfied in the xxxxxx of their Officers and Counsellors, to exercise their power by them.21 The practical significance of the above distinction is that, although it is generally recognised that, from the perspective of international law, State sover- eignty as such cannot be transferred, the exercise of sovereign powers by States can be subject to limitations, conditions or delegations.22 As observed by Xxxxxx- xxxxx, State sovereignty as the principle of customary international law recalled by Article 1 of the Chicago Convention ‘applies only in so far as it is not express- ly restricted by other provisions of the Convention or by engagements...
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