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1 2009

1 Polkowska M.

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EVOLUTION OF STATE COMPETENCE ON ACCOUNT OF SOVEREIGNTY IN AIR SPACE

100%

Polkowska M.

nr 1

116-141

The aim of this article is to show how the concept of state sovereignty develops in the present era of fast progress in technology and aviation industry. It is worth asking a question about the influence of such trends as regionalization, privatization and globalization, and even terrorism in air traffic on the modern concept of sovereignty. The authoress discusses and analyzes the process of evolution of the concept of state sovereignty in the air space taking into account all the available literature which, that is worth mentioning, refers mainly to the concept of sovereignty as understood in the international law and not only aviation law. The results of the analysis done by the authoress are the final conclusions. It can be noticed that states slowly and in different ways renounce the concept of sovereignty of the Chicago Convention but they take into account the rule of open skies. Other states maintain the model of absolute sovereignty. One of the reasons is the fact that economic forces for the change in the international air traffic encounter various barriers. In other economic sectors (car manufacturing, power industry) interests are represented by big multinational companies which calculate prices on their own and exploit opportunities and challenges which arise. Some of them are attractive attributes of state sovereignty. They have mainly economic background. You can agree with the statement that there is no transformation of sovereignty in air space, there is only evolution of state sovereignty performance. Others think that the sovereign's role is to guarantee security. If international law was strengthened by security, then the sovereign should delegate sovereign's functions to an international body. Nevertheless, it will be very difficult to talk about the traditional understanding of sovereignty. But there are also many opinions that delegating sovereignty does not mean it will stop existing. It also seems that in practice the concept of air sovereignty of a state and state competence on account of air ship belonging lose their importance in some sense. They are the main criteria for the international aviation law but they give way to functional criteria. As a result, it seems that the traditional concept of sovereignty is in the process of transformation; weak states' sovereignty is becoming slack and sovereignty of economically developed countries and some international organizations is growing.