Abstract
From the outset the international law position was that the airspace above the high seas was not subject to the sovereignty of any state. However, the same cannot be said of the airspace above territorial waters. Dugard contends that under international law today, the airspace immediately above the territory of the state and that above its territorial waters, was at some point the subject of conflicting theories. Initial thoughts on the subject of territoriality of airspace dismissed the idea of sovereignty over a block of air, and instead treated the airspace as an entirely free continuum much like the high seas. Other theories assumed limited sovereignty,
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