Extension in the Airspace of Pakistan – Based on Lack of Harmony Between UNCLOS And ICAO Convention Regarding Distribution of Airspace Over EEZ

Abstract

This article is -written with a focus on the extension of the airspace of Pakistan from the existing dimension to the extent of the exclusive economic zone which was initially 200NM but now extended to 350NM since 2015 (National Institute of Oceanography Pakistan, n.d.). The stated objective is based on the following agenda points which are further elaborated on in this article: 1) The lack of harmony between the United Nations Convention on the Laws of Sea (UNCLOS) and the provisions of the Convention on International Civil Aviation (Article-12 and Annex-11 of the ICAO Convention) regarding the airspace distribution over Exclusive Economic Zones (EEZ). 2) It is a vested right of the coastal state to regulate the airspace over its EEZ, and if not, then at least all the economic benefits should belong to the coastal state. 3) The difficulties and threats faced by coastal states if they are not provided with the opportunity to regulate their airspace over the EEZ. Based on the stated agenda and the discussion therein, the following results or outcomes are expected:1) The airspace over EEZ could be defined in a more harmonized way in line with all the international laws/bodies for which necessary amendments should be made in the UNCLOS, Article-12 and Annex-11 of the ICAO Convention. 2) Affected countries can approach ICAO through concerned departments/authorities / ANPs either for extension and adjustment of their airspaces over their EEZ or for the acquisition of financial benefits i.e. aeronautical charges or air navigation charges being earned from the airspace over their EEZ.