NEWSLETTER-2017

377 MISCELLANEOUS Single European Sky* Att. Firat Coskun As is noted in international agreements, it is crucial to make clear the meanings and definitions of aviation terms. So that the subject of this newsletter is clear, it is of the essence to properly explain the term ‘sky’. The term ‘sky’ that corresponds to “ Luftraum, ” in German, and “Espace aérien,” in French, is defined as the area lying above the earth’s surface, which is layered with air stratum. Although the term, ‘airspace’ is a much more accurate definition to describe the same area using a three-dimensional platform, in Turkish aviation practice, the term, ‘sky’ is preferred, rather than, ‘airspace’ to describe that specific area. The Chicago Convention (“Convention”), which was signed on the final day of the International Civil Aviation Conference held be- tween November 1st and December 7th, 1944, in Chicago, is generally deemed as the Chicago Regime in more recent times, in civil aviation practice, due to its constitutional scope and framework. Within the context of the Chicago Convention, the territory of a state means the sovereignty and empery of that state in its specific territory, including territorial waters and mandated lands. The Convention disposes the liberty of the sky on the areas outside of the sovereignty of any state –as is same for the open seas- within the framework of the full sovereignty of the states as to their sky area. As the liberty regime is in force over international skies, all aircraft, whether commercial or state, could fly without constraint over this area. Despite the fact that there is no explicit provision concerning this point, Article 2 of the Chicago Convention, a contrario, leads to this conclusion. * Article of August 2017