International law is divided on the upper limit of sovereign airspace. In practice, it typically extends to the approximate 45,000-foot ceiling at which commercial and military aircraft can fly. It was said that the Chinese balloon was flying at a height of 60,000 feet.
Was the balloon carrying out surveillance when it suddenly appeared above the United States last week? Or, as China asserted, was it conducting research?
One thing is certain, even though the answers to these questions may not yet be known: The boundaries of international law were put to the test by the Chinese balloon’s incursion.
The already difficult relationship between the United States and China has become even more complicated as a result of this incident. The planned trip to Beijing by US Secretary of State Antony Blinken has been put off. China has also reacted diplomatically furious to the balloon’s downing.
The presence of US warships in the South China Sea and Taiwan Strait, which China claims to be its own waters and the US considers international waters, has long divided the two sides. Will the two superpowers compete for control of the air as the next realm?
Because of their extensive military history, hot air balloons have a fairly benign public image. However, they also have a long military history that dates back to the late 18th and early 19th centuries during the Napoleonic era in Europe, when they were used for bombing and surveillance missions.
The use of balloons by the military in armed conflict was even specifically addressed in the early laws of war.
In the era of uncrewed aerial vehicles or drones, which have proven effective during the current war in Ukraine, the modern military significance of balloons appears to be understated.
However, despite the fact that they are no longer valued for their ability to fight wars, balloons still have a unique ability to conduct surveillance due to the fact that they can remain stationary over sensitive locations, fly at higher altitudes than aircraft, are harder to detect on radar, and can be disguised as civilian weather craft.
Who is in charge of the air?
Regarding the use of these balloons over the airspace of other nations, international law is crystal clear.
12 nautical miles (approximately 22 kilometers) from its land borders, each nation has complete sovereignty over its waters. According to international agreements, each nation also has “complete and exclusive sovereignty over the airspace above its territory.”
This indicates that each nation controls all access to its airspace, including that of government and commercial aircraft.
In international law, however, the upper limit of sovereign airspace is unclear. In practice, it typically extends to the maximum operating height of commercial and military aircraft, which is approximately 13.7 kilometers or 45,000 feet.
However, the Concorde jet’s operating altitude was over 18 kilometers, or 60,000 feet. Additionally, it was reported that the Chinese balloon was operating at a distance of 60,000 feet.
The operating range of satellites, which is typically regarded as falling under the purview of space law, is outside the purview of international law.
The 1944 Chicago Convention on International Civil Aviation is one international legal framework that makes it possible to request permission to enter a country’s airspace. Although it does not regulate military activities, the International Civil Aviation Organization has established additional rules for accessing airspace, including those for hot air balloons.
As a result of the Cold War, the United States also has its own “air defence identification zone.” All aircraft entering US airspace are required to identify themselves. Canada’s complementary zone is its own. When tensions in the Cold War were at their highest, the United States would frequently deploy fighter jets in response to Soviet incursions into its airspace that were not authorized, particularly in the Arctic.
Similar air defense identification zones exist in numerous other nations and regions, including Taiwan, China, and Japan. For instance, whenever Chinese aircraft make unwelcome incursions into its airspace, Taiwan frequently activates its fighter jets.
Testing the waters and the air The United States’ response to the Chinese balloon was legal and sound because of these clear international regulations. Overflight could only have been done with permission from the United States, which was obviously not sought.
China initially made the claim of force majeure that the balloon had malfunctioned and drifted into US airspace. The wind patterns would have been completely dependent on the balloon if it had been autonomous. However, a Scientific American report stated that the balloon appeared to be highly maneuverable, particularly when it appeared to linger over Montana’s sensitive US defense facilities.
Washington dealt with the incursion with a lot of patience. Military jets were given permission by President Joe Biden to shoot down the balloon, but it took several days before that could be done safely and without putting lives on the ground in danger.
Both the Biden administration and the US response to China’s growing military assertiveness have been clearly put to the test by the balloon incident.
In the South China Sea, where the US Navy conducts freedom of navigation operations through Chinese-claimed waters, similar incidents frequently occur. The Chinese Navy vigorously challenges the US presence.
Additionally, China has reacted vehemently to the US reconnaissance planes’ presence over the South China Sea, increasing the likelihood of an accident that leads to a wider conflict.
The fact that China has asserted its physical presence well within the sovereign borders of the United States is remarkable about the balloon incident. The subsequent actions of both sides will determine whether tensions between China and the United States escalate further and whether we can anticipate future provocations in the air and on the sea. Explanation: Did the Chinese spy plane violate international law?
