Before the First World War:

1. The theory of the Institute of International Law of

1906 that the air should be absolutely free for purposes of
aerial navigation by aviators of all countries.
2. The so-called zone theory, that though the air is free
the subjacent State should have a certain right of control up
to a certain height.
3. The theory of freedom of the air coupled with an
acknowledgment of the right of the subjacent State to control
it to an indefinite height for purposes of its own protection.
4. The theory of absolute sovereignty on a parity with that
recognized as to the land domain.
5. The theory of absolute sovereignty qualified by the
right of innocent passage.

The Paris Convention of 1919 (formally, the Convention Relating to the Regulation of Aerial
Navigation)
The following principles governed the drafting of the convention:[3]
1. Each nation has absolute sovereignty over the airspace overlying its territories and waters. A
nation, therefore, has the right to deny entry and regulate flights (both foreign and domestic) into
and through its airspace.
2. Each nation should apply its airspace rules equally to its own and foreign aircraft operating
within that airspace, and make rules such that its sovereignty and security are respected while
affording as much freedom of passage as possible to its own and other signatories' aircraft.
3. Aircraft of contracting states are to be treated equally in the eyes of each nation's law.
4. Aircraft must be registered to a state, and they possess the nationality of the state in which
they are registered.

The 1944 Chicago Convention reaffirms the basic principles of customary international air law.
It provides that every State has complete and exclusive sovereignty over the airspace above its
territory.[6]
It states the principle that aircraft have the nationality of the State in which they are registered
(notably, many rules governing aircraft, provided in the Convention, have been copied from the
rules governing ships).[7]
It makes a distinction between scheduled and unscheduled air services.
No scheduled international air service of one State may be operated over or into the territory of
another State, except with the special permission or other authorization of that State, and in
accordance with the terms of such permission or authorization.[8]
Aircraft not engaged in scheduled international air services have the right to make flights into or
in transit non-stop across the territory of another State, and to make stops for non-traffic
purposes without the necessity of obtaining prior permission of that State, subject, however, to
the right of the State flown over to require landing, or to impose certain restrictions, such as
routes and off-limit areas.[9]
The Chicago Conventions applies only to civil aircraft, not to State aircraft which are used in
military, customs and police services.[10] State aircraft have no right to fly over the territory of
another State or land thereon without authorization by special agreement or otherwise, and in
accordance with the terms thereof.[11]

Wherever outer space may begin, it is governed by International Law, including the Charter of
the United Nations. The international law of outer space consists mainly of the 1967 Outer
Space Treaty,[15] the 1968 Rescue of Astronauts Agreement,[16] 1972 Liability for Damage
Caused by Space Objects Convention,[17] the 1974 Registration of Objects in Space
Convention,[18] and the 1979 Agreement Governing the Activities of States on the Moon and
Other Celestial Bodies (the Moon Treaty)

The international law of outer space provides the fundamental principles relate to the outer space.
Among these principles are:
1. Prohibition of national appropriation: Outer space, including the moon and other celestial bodies, is
not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any
other means. Outer space is the common heritage of mankind (res communis).
2. Freedom of exploration: Outer space, including the moon and other celestial bodies, is free for
exploration and use by all States without discrimination and in accordance with International Law, and
there is free access to all areas of celestial bodies.
3. The province of all mankind: The exploration and use of outer space, including the moon and other
celestial bodies, shall be carried out for the benefit and interests of all countries, irrespective of their
degree of economic or scientific development.
4. Ban on weapons of mass destruction: It is prohibited to place in orbit around the earth any objects
carrying nuclear weapons or any other kinds of weapons of mass destruction, and to install such
weapons on celestial bodies, or station such weapons in outer space in any manner.
5. The demilitarization of the moon and other celestial bodies: The moon and other celestial bodies
shall be used by all States exclusively for peaceful purposes. The establishment of military bases,
installations and fortification, the testing of any type of weapons, and the conducting of any military
actions on the celestial bodies are forbidden.
6. The liability for damages: A State launching or procuring of launching of an object into outer space,
including the moon and other celestial bodies, and the State from whose territory or facility an object is
launched is internationally liable for damages caused to another State or to its nationals by such object
or its component parts on the earth, in air space or in outer space, including the moon and other
celestial bodies.
7. Ownership of objects launched into outer space is not affected by their presence therein, or by their
return to earth.
8. A State on whose registry an object launched into outer space is carried retains jurisdiction and
control over such object, and over any personnel thereof, while in outer space or on a celestial body.
9. The duty to avoid harmful contamination and adverse changes in the environment.
10. The duty to provide assistance to space vehicles and astronauts in distress, and to return them
safely and promptly to the State of registry of their space vehicle.
11. The duty to inform the Secretary-General of the United Nations as well as the public and the
international scientific community of the nature, conduct, locations and results of their activities in
outer space, including the moon and other celestial bodies.
12. The duty to open all stations, installations, equipments and space vehicles on the moon and other
celestial bodies to representatives of other States for inspection.
Despite the growing body of rules of the international law of outer space, much remains to be done,
particularly in the field of military uses of outer space, space navigation, telecommunications, and the
unresolved question related to the boundary between the airspace and outer space.