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eferences to aspects of war in the air, such as protection for medical aircraft in the 1949 GenevaConventions. 2414.2 LEGAL BOUNDARIES OF AIRSPACEThe legal classifications of airspace may be relevant to the application of the law of warand therefore may affect military operations during armed conflict by:• determining whether airspace is neutral airspace; 25• determining the authority that a belligerent State has with respect to neutral aircraft in anarea; or• determining the authority that a neutral State has with respect to belligerent aircraft in anarea.14.2.1 Lateral Boundaries of Airspace. The lateral boundaries of the airspace aredetermined by the status of the land or water directly beneath them.Airspace is often divided between national airspace (i.e., airspace over a State’s landterritory, internal waters, territorial seas, and archipelagic waters), which is subject to thesovereignty of a State, and international airspace, which is not subject to the sovereignty of anyState. 26 In addition, special rules apply to international straits and archipelagic sea lanes. 27The division between national airspace and international airspace is similar to thedivision between national waters and international waters. 28 One notable distinction, however,is that aircraft do not enjoy the same right of innocent passage over territorial seas that shipsenjoy through territorial seas. 2914.2.1.1 National Airspace. Every State has complete and exclusive sovereigntyover the airspace above its territory. 30 In other words, a State has sovereignty over the airspacethat is above land or waters that are subject to its sovereignty. 31 Thus, a State’s national airspaceincludes:24 Refer to § 7.14 (Military Medical Aircraft); § 7.19 (Civilian Medical Aircraft).25 Refer to § 15.10 (Neutral Airspace).26 Refer to § 14.2.1.1 (National Airspace); § 14.2.1.2 (International Airspace).27 Refer to § 15.8 (Passage of Belligerent Vessels and Aircraft Through International Straits and Archipelagic SeaLanes).28 Refer to § 13.2.2 (National Waters); § 13.2.3 (International Waters).29 Refer to § 13.2.2.4 (Innocent Passage of Foreign Vessels Through Territorial Seas and Archipelagic Waters).30 1944 CHICAGO CONVENTION art. 1 (“The contracting States recognize that every State has complete and exclusivesovereignty over the airspace above its territory.”). Cf. 49 U.S.C. § 40103 (a)(1) (“The United States Governmenthas exclusive sovereignty of airspace of the United States.”).31 See, e.g., 1944 CHICAGO CONVENTION art. 2 (“For the purposes of this Convention the territory of a State shall bedeemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or904

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