Legal status of the airspace over an indeterminate territory: the case of the Spratly Islands

Abstract

The paper argues that the Spratly Islands has the status of an indeterminate territory. Notwithstanding its indeterminacy, the Spratly Islands has its own territorial airspace. While this territorial airspace is also indeterminate as it is inextricable from the status of the subjacent indeterminate land and sea territory, it no longer forms part of the international airspace. Claimant states like China, Vietnam, and the Philippines can subject the airspace of the Spratly Islands or a portion or portions thereof to the jurisdiction of their municipal laws. Stated differently, the Spratly Islands is an indeterminate territory with an indeterminate airspace where rights and obligations between and among claimant states vis-à-vis non-claimant states may be enforced and exercised.