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Airspace

Portion of the atmosphere controlled by a country

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Through Atmosphere of Earth, Country and Atlantic Ocean

Internationally, allocation and management of airspace is coordinated by the International Civil Aviation Organization (ICAO), which was established through the 1944 Chicago Convention and came into being in 1947 to unify air traffic. ICAO organizes airspace into Flight Information Regions (FIRs) and provides classification guidelines. National authorities, such as the FAA, CAA, or EASA implement rules and regulations for air traffic control, special-use airspace, and enforcement within their own FIRs.

Airspace can be used for both civilian flight and for defence or military operations, and countries are responsible for protecting their own airspace using measures such as air policing. Legal and technical challenges include the vertical boundary between airspace and outer space and temporary restrictions such as NOTAMs or TFRs.

On 4 April 1947, the International Civil Aviation Organization (ICAO) was established through the Chicago Convention, aimed at unifying and coordinating international air travel. ICAO provides regulations and guidance for countries concerning air navigation, its infrastructure, flight inspection, prevention of unlawful interference, and facilitation of border-crossing procedures for international civil aviation.

Sovereign airspace refers to airspace owned by a country. By law, a country has the right to airspace above its land and waters up to 12 miles from its coast (if present). Beyond 12 miles, airspace is considered international. ICAO divides airspace into Flight Information Regions (FIR), which are sections of airspace dedicated to a specific country. Within its own FIR(s), a country is responsible for providing air traffic control services and regulating flight. This is usually done using a national regulator, such as the FAA, CAA, or EASA, which are able to create their own regulations while still abiding by ICAO guidelines. Some countries may have multiple FIRs, for example, the United States has sole jurisdiction in 24 FIRs. A country may, by international agreement, assume responsibility for providing air traffic control services in parts of international airspace, which then becomes part of their FIR. Certain FIRs are dedicated oceanic sectors which support and control air traffic crossing large oceans such as the North Atlantic, which is made up of 7 FIRs controlled by countries like the UK, Ireland, and Canada.

There is no international agreement on the vertical extent of sovereign airspace, although most countries use the Kármán Line, 100km (62mi), as the legal distinction between airspace and outer space. However, descending Space Shuttles flew closer than 80 km (50 mi) over other nations, such as Canada, without requesting permission first.

Private air rights

The boundary between public airspace and private air rights is defined by national or local law.

In the United States, the 1946 Supreme Court decision United States v. Causby overturned the common law doctrine that private property rights extend indefinitely upwards, instead ruling that they end 300 feet above the highest terrain (including buildings), the lower limit of the "public highway" defined by Congress in the Air Commerce Act of 1926. The Federal Aviation Administration regulates the construction and marking of structures taller than 200 feet near airports and 500 feet generally.

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