The Question of "Sovereign Air Space" is an interesting Question, as was surfaced - because the Author correctly surfaced that -"Air Space" was not directly referred to by Treaty. It is an interesting "Legal Fiction" to address; with FAA Rules as a foundation for argument as far as legal "Altitude Minimums" over a Nation, and Populated Areas. There are dedicated "No Fly Zones" by aircraft due to inherent dangers posed by flying aircraft - and they are detailed in "Notice To Airman" so as to avoid conflict. Then there are Man-Made Obstacles, and Natural Obstacles that prohibit "Free Flight" in Populated and Rural Areas. But I believe the Author is referring to "Operational Flights" of DROANS, either Military or Law Enforcement. Fortunately, The FAA does address the prohibited launching / dispatching of any missile,projectile, hand projectiles or unsecured cargo from an Aircraft under any circumstances while flying in US Air Space. So, how far does a NAI Sovereign Nations Air Space include? Again, referring to established FAA Regulations, which have been in existence for some time; would be a Start Point. Would there be an Exclusion or an Exception? Probably, under the Heading of Emergency or Operational Necessity. (Example: Federal Fire Fighting etc.) The issue of DROANS altitude is interesting, because Military DROANS use High to Very High Altitude for Operational Air Space, and it would be the burden of the Plaintiff to show that the conduct of DROAN Flights over NAI Sovereign Lands is an infringement on those Lands & People. In fairness to the discussion of "Targeting U.S. Citizens" outside the Continental United States; those individuals disregarded their lawful obligations toward The United States; and openly engaged US Military & Personnel without respect to their own Citizenship - Deliberate Acts of Treason without regard to Life or Limb of another Human-being or US Citizen. It was an Act of War; and not a Law Enforcement Operation which has different "Rules Of Engagement & Criteria".
Thursday, March 7, 2013 - 06:13