Open Skies - Background

Background

To achieve sovereignty, a state must be recognised as having both de facto and de jure control over all the land, sea, and air space within defined territorial boundaries. Once a state comes into being, the concept of trespass applies to any part of the state entered without permission. Hence, whether it is an individual wishing to cross a land border, a ship aiming to enter or pass through territorial waters, or an aircraft seeking to overfly, prior consent is required. Those who do not seek permission will, at the very least, be liable to arrest and prosecution by the offended state. At worst, entry may be considered an act of war. For example, in 1983 Korean Air Flight 007 strayed into Soviet air space and was shot down.

Since World War II, most states have invested national pride in the creation and defence of airlines (sometimes called flag carriers or legacy airlines). Air transportation differs from many other forms of commerce, not only because it has a major international component, but also because many of these airlines were wholly or partly government owned. Thus, as international competition grew, various degrees of protectionism were imposed.