6.4 Jurisdiction in Aero-Space

Air law — the asymmetry of air and sea: sovereignty over the airspace above territory and territorial sea — complete and exclusive (Chicago Convention 1944, Article 1 — no innocent passage in the sky; entry by permission: the bilateral "freedoms of the air" system). The aircraft's jurisdiction: the registration state (the Tokyo Convention 1963 — in-flight offences; the commander's powers), with landing states' grave-crime jurisdiction (Hague 1970 — hijacking; Montreal 1971 — sabotage: the aut dedere aut judicare conventions) — the aviation-security regime Nepal's aviation statutes implement. Space law — the noplace of sovereignty: the Outer Space Treaty 1967: outer space, including the moon and celestial bodies, is not subject to national appropriation — the province of all mankind; free exploration and use for all states' benefit; no WMD placement or military fortification; astronauts as envoys of mankind (the Rescue Agreement 1968); registration (1974); liability for damage (1972 — the launching state's absolute liability for surface damage); the Moon Agreement 1979's sparse membership. The commercial era — mega- constellations, tourism, debris, resource extraction — tests the 1967 settlement. The Nepal paragraph (the home application): a landlocked state — no maritime zones of its own; the UNCLOS Part X access-rights claimant (the right of transit and access to and from the sea); full territorial jurisdiction over Himalayan territory (the open border…