Abstract:

Civil aviation sector is seen as one of the fastest growing and most widely thought areas of today. In addition to the theories of sovereignty which is revealed about the civil aviation activities, to date many international conventions, protocols which are about civil aviation activities have been actualized in the sector and area-specific studies have been done. In this sense, it is stated that air law which is seen as a young branch of law is still being developed to be in coordinance with civil aviation and new technologies in the 21st century. In France on June 5, 1783, Montgolfier Brothers filled their balloons with hot air and travelled around for 2 kilometres. As one of the first events in civil aviation history, this situation later led to the emergence of legal rules regulating civil aviation in national and international terms and theories on the legal status of airspace. In this sense, the scope and terminology of air law, including the legal status of the airspace, constitute the subject of the study. From this point of view, all the topics covered by air law, such as state, country, sovereignty, national and international airspace, open seas, contiguous zone, continental shelf, poles, air country, airship, frequency, capacity and slot, and the theories of freedom and sovereignty presented to the legal status of the airspace were tried to be explained. The theories laid out on the airspace, in the formation phase of the air law, is the basis of the political standing that directs states, but this situation has gained exceptions with international agreements in the face of as the success of civil aviation and the economic dimension of the sector.

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