JEAIL > Volume 17(1); 2024 > Regional Focus & Controversies
Research Paper
Published online: May 30, 2024
DOI: http://dx.doi.org/10.14330/jeail.2024.17.1.10

Sovereignty and Jurisdiction Conflicts from High-altitude Balloons under International Law

Jhih-Siang Liu
National Defense University
No. 70, Sec. 2, Zhongyang N. Rd., Beitou District, Taipei City 11258, Taiwan.
Corresponding Author: garden94930@gmail.com

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/liceInha University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
This scholarly investigation delves into the legal complexities arising from the People’s Republic of China’s high-altitude balloons entering US airspace. By analyzing landmark cases, such as the Lockerbie incident, this study emphasizes the urgent need for clear liability norms in international airspace. The 2023 Montana Incursion served to clarify the self-defense and proportionality principles under international law. This study examines the nature of these balloons to determine whether they fall under international accords such as the Chicago Convention. It also explores military classifications and legal ambiguities surrounding non-combatant operators in armed conflicts. This paper identifies gaps in the principles of privacy and ethics concerning intelligence gathering within sovereign boundaries. It advocates for new multilateral treaties with geofencing standards to regulate high-altitude unmanned aerial vehicles. This author aims to fortify legal frameworks based on technological advances.

Keywords : Chicago Convention, High-altitude Balloons, National Airspace Sovereignty, Self-defense, US–China Relations

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