ICAO underscores states’ sovereignty over airspace and duty to assess safety risks

The International Civil Aviation Organization (ICAO) has reiterated that states hold full sovereignty over the airspace above their territories and must continuously assess safety and security risks, including issuing timely information to operators about potential hazards.

In a formal statement, ICAO recalled that Article 1 of the 1944 Convention on International Civil Aviation “recognizes that every State has complete and exclusive sovereignty over the airspace above its territory.” This principle underpins how states regulate and control the use of their airspace.

The Convention allows each state to decide how its airspace is used, including:

• Whether to designate specific routes
• Whether to restrict or uniformly prohibit flights over certain areas
• What level of air traffic services will be provided to international civil aviation
• Under what conditions operators may use that airspace

These national decisions are taken within a global framework of safety and information-sharing obligations that are critical for airlines, safety regulators, and travel industry partners.

Continuous assessment of airspace safety and security

ICAO highlighted that, “In accordance with the provisions of Annex 11 to the Convention, States shall ensure the ongoing assessment of airspace safety and security.”

States responsible for providing air traffic services in a given airspace must work closely with relevant authorities overseeing activities that could pose a hazard to civil aviation, such as conflict zones, military exercises, or other dangerous operations.

Under the Convention and its Annexes, states must also provide timely and accurate aeronautical information to operators and regulators. This includes the status of services and facilities, and any identified safety hazards or security risks that may affect flight operations.