scholarly journals ENSURING AIR SPACE CONTROL IN THE ACTIVITY OF THE STATE BORDER GUARD SERVICE OF UKRAINE: REGULATORY ASPECT

2021 ◽  
Vol 1 (58) ◽  
Author(s):  
Станіслав Олександрович Філіппов ◽  
Ірина Павлівна Кушнір ◽  
Михайло Віталійович Федорук
Keyword(s):  
The State ◽  
Air Space ◽  
Regulatory Aspect

scholarly journals The Delegation of State Sovereignty over Air Space in the Implementation of Air Navigation: The Analysis of the Agreement between Indonesia and Singapore on Management of the Batam and Natuna Flight Information Region

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 173
Author(s):  
Endang Puji Lestari
Keyword(s):  
Transition Period ◽  
Aviation Safety ◽  
The State ◽  
State Sovereignty ◽  
Second Phase ◽  
Cooperation Agreement ◽  
Air Space ◽  
The Government ◽  
Air Navigation Services ◽  
Navigation Service

The state sovereignty over airspace with its complete and exclusive nature experiences a significant dynamic in both its concept and implementation in the international air law. Sovereignty over the airspace not only provides legislative, executive, and judicialauthorities of the state but also puts an obligation on the state to provide facilities for aviation safety. The reason for aviation safety airspace of a sovereign state can be delegated to other states to manage the service of navigation, for example, Indonesian air spaces in the Natuna and Batam, are maintained by Singapore for the sake of aviation safety. The taking over of the management of FIR in Batam and Natuna had been carried out through several steps. First, establishing Civil Military Aviation Coordination (CMAC) as outlined in the Government Regulation (Ministry of Transportation Regulation Number 55 on 2016) concerning the order of the national airspace. Second, evaluating the implementation of air navigation by reformulating the institutional of LPPNPI, evaluating the cooperation agreement between the Government of Indonesia and Singapore, and providing air navigation service during the transition period in Natuna Islands. Third, conducting the taking over concept phase by phase, in which the first phase, Singapore only provides air navigation service, while Indonesia only monitors. The second phase, Indonesia provides air navigation services, while Singapore only monitors, and for the third phase, as the final implementation, Indonesia provides air navigation services fully. Keywords: Delegation, Sovereignty, Air Space, Air Navigation, Agreement

scholarly journals REKONSEPSI HAK PENGUASAAN NEGARA ATAS WILAYAH UDARA DI TENGAH KEBIJAKAN LIBERALISASI PENERBANGAN

2015 ◽  
Vol 4 (2) ◽  
pp. 327
Author(s):  
Endang Puji Lestari Puji Lestari
Keyword(s):  
The State ◽  
State Sovereignty ◽  
International Treaties ◽  
Legal Concept ◽  
Air Space ◽  
The Government ◽  
Role Of The Government ◽  
Multilateral Treaty

<p>Perkembangan di dunia penerbangan terhadap prinsip kedaulatan negara di ruang udara yang bersifat complete and exclusive kini telah terkikis oleh berbagai perjanjian internasional di bidang penerbangan yang dibuat oleh negara-negara dewasa ini seperti perjanjian perdagangan jasa pesawat penerbangan baik yang berbentuk multilateral seperti WTO, Regional seperti ASEAN maupun bilateral. Tulisan ini mengidentifikasi dua permasalahan yaitu: pertama, bagaimanakah konsep kedaulatan negara atas ruang udara yang bersifat complete dan exclusive dalam hukum internasional diimplementasi dalam peraturan perundang-undangan nasional Indonesia melalui hak penguasaan negara? kedua, bagaimana konsep hukum yang tepat yang dapat mengharmoniskan kepentingan kedaulatan negara melalui hak pengusaan negara di tengah liberalisasi perdagangan jasa penerbangan? Metode yang digunakan dalam penelitian ini adalah merupakan jenis penelitian hukum normatif. Penelitian ini menyimpulkan bahwa: pertama, terjadi pergeseran makna kedaulatan negara dalam penguasaan wilayah udara dari penguasaan yang ekslusif dan lengkap menjadi terbatas karena adanya liberalisasi perdagangan dunia penerbangan. Kedua, rekonseptualisasi peran pemerintah dalam hal penguasaan negara atas ruang udara sebagai sumber daya strategis adalah pergeseran peranan pemerintah dari sebagai penonton saja menjadi fasilitator dan regulator yang berperan besar dalam meningkatkan daya saing dunia penerbangan nasional. Penelitian ini menyarankan peranan pemerintah dalam meningkatkan daya saing dunia penerbangan adalah melalui: menciptakan peraturan perundang- undangan yang menjamin adanya kepastian hukum, reformasi birokrasi di bidang penerbangan, penyediaan infrastruktur penerbangan, peningkatan kualitas SDM di bidang penerbangan, dan penegakan hukum yang konsisten.</p><p>The development in the aviation world on the principle of state sovereignty in air space that is both complete and exclusive have now been eroded by various international treaties in the field of airflight made by countries today as a trading treaty services of an aircraft in flight, both multilateral treaty like WTO, and regional treaty such as ASEAN or bilateral treaty. This articles identify two problems, first, how is state sovereignty concept over air space that is exclusive and complete under international law can be implemented in the Indonesia’s law and regulation through State Right Sovereignty over Airspace, second, how is the legal concept that can harmonize sovereignty interest through the State Right of Sovereignty over Airspace under liberalization regime? The methods of this research are normative resecarh approach. The result of this research shown that: Firstly, there is a shift in the meaning of State Sovereignty over its airspace from the complete and exclusive control and be limited because of the trade liberalisation of aviation world. Secondly, role re-conceptualitation of the government regarding the state sovereignty over its air space as a source of strategic power from the role of the government as a spectator to a facilatator and regulator with a major role in increasing the competitiveness of national flight. This research suggested that the role of the government in increasing the competitiveness of the national flight can be done by: creating the law and regulation that guarantee the legal certainty, bureaucracy reform in the field of flight, providing infrastructure flight, increasing the quality of human resources in the field of flight, and law enforcement that are consistent.</p>

scholarly journals Tanggung Jawab Negara terhadap Penembakan Pesawat MH17 berdasarkan Hukum Internasional

2019 ◽  
Vol 14 (1) ◽  
pp. 25-33 ◽  
Author(s):  
Dewa Gede Sudika Mangku ◽  
I Ketut Radiasta
Keyword(s):  
The State ◽  
Civil Aviation ◽  
Legal Research ◽  
Historical Approach ◽  
Security Services ◽  
Air Space ◽  
The Law ◽  
Study Techniques ◽  
Unlimited Liability

The purpose this research were to find out and analyze the form of the State of Ukraina accountability in shooting MH17 Malaysia Air Lines aircraft and knowing and analyzing the accountability of MH17 Malaysia Air Lines airliners to passengers. The type of research used is a type of normative legal research, the approach in this study is the law approach, case approach, and historical approach, the sources of legal material used are primary, secondary and tertiary legal materials. Legal material collection techniques used with document study techniques and legal materials are evaluated, interpreted, argued and discussed descriptively. The results of the study show (1) the responsibility of the Ukraina for Malaysia Air Lines MH17 Aircraft Shooting that the State of Ukraina must be responsible for providing safety and security services for the sovereignty of the air space over its territory by Malaysia Air Lines MH17 in the form of flight navigation services, (2) The Malaysia Airlines airline must be limited to 100,000 SDR for each passenger and Malaysia Airlines. The airline cannot be subject to unlimited liability or exceed 100,000 SDR. Every country is expected to always supervise the airspace which is the sovereignty of the airspace above which becomes the international civil aviation route and to coordinate well with the ICAO (International Civil Aviation Organozation) to maintain the security of international civil aviation. 

scholarly journals PRINCIPLE OF CABOTAGE WITHIN AVIATION ACTIVITIES IN INDONESIA

2016 ◽  
Vol 28 (1) ◽  
pp. 138
Author(s):  
Harry Purwanto
Keyword(s):  
State Government ◽  
The State ◽  
State Sovereignty ◽  
Air Space ◽  
Judicial Action ◽  
The Government ◽  
Airline Company

Liberalization their logging services makes the concept of cabotage which was known in the field of shipping, has now become part of the field of aviation. Such a situation when associated with the concept of state sovereignty in the air space, juridically has caused a serious intersection. In countries that do not accept the concept of air cabotage, often found smuggling air cabotage laws. Thus requiring the state government concerned to judicial action in order to protect its national airline company, including the Government of Indonesia. Adanya Liberalisasi jasa penebangan menjadikan konsep cabotage yang tadinya dikenal dalam bidang pelayaran, kini menjadi bagian dalam bidang penerbangan. Situasi demikian bila dikaitkan dengan konsep kedaulatan negara di ruang udara, secara yuridis telah menimbulkan persinggungan yang cukup serius. Pada negara yang belum menerima konsep cabotage udara, sering ditemukan penyelundupan hukum cabotage udara. Sehingga mengharuskan pemerintah negara yang bersangkutan melakukan tindakan yuridis dalam rangka melindungi perusahaan penerbangan nasionalnya, termasuk Pemerintah Indonesia.

scholarly journals Territorial Aspect of State Jurisdiction and Sovereignty in Cyberspace

Lex Russica ◽  
2019 ◽  
pp. 139-150 ◽  
Author(s):  
L. V. Terenteva
Keyword(s):  
Social Economic ◽  
The United States ◽  
The State ◽  
Shelf Space ◽  
Spatial Unit ◽  
Foreign Countries ◽  
Political Relations ◽  
Air Space ◽  
Russian Law ◽  
Legal Meaning

The paper raises the question of the possibility of applying the territorial principle of sovereignty and jurisdiction of the State in relation to cyberspace, as well as the possible rethinking and expansion of the concept of “territory of the State” through the inclusion of virtual spatial units that do not have the properties of geographical extent. The inclusion of cyberspace in the concept of “territory of the State” is conditioned by the fact that cyberspace as a sphere of realization of social, economic and political relations cannot be beyond the sovereignty and jurisdiction of the State. If, however, the supremacy of a state is established in relation to a spatial unit, that unit must be referred to the concept of “territory of the State”, the legal meaning of which is to designate the spatial sphere of competence of the State. The question of the possible inclusion of cyberspace in the concept of “territory” is further justified by the lack of static content of this concept, which at certain stages of historical development as a result of political, geographical, technological and other factors began to cover new spatial boundaries (air, space, continental shelf space, etc.). At the same time, with the development of cyberspace, not the concept of “territory of the State” itself evolves, the legal significance of which lies in the spatial limits of the full jurisdiction of the State, but only the content components of the territory through the inclusion of new spatial units that do not have a tangible, planar aspect. The author analyzes the normative approaches of Russia and the United States to the issues of outlining the spatial contour of the jurisdiction of States in cyberspace, as a result of which it is revealed that the initiatives of Russian law are more limited to the dominance of the technological approach, which consists in establishing territorial boundaries with respect to physically located on the territory of the State devices and equipment with which access to information is carried out. In contrast to the American approach, which legislates the establishment of jurisdiction over data on servers in foreign countries, the Russian law does not raise the question of the possibility of including in the spatial limit of jurisdiction of information resources oriented to the territory of Russia, access to which is supported by equipment located outside the territory of Russia.

Responsibility of the State for Air Traffic Control

1961 ◽  
Vol 65 (606) ◽  
pp. 389-395
Author(s):  
J. B. Veal
Keyword(s):  
United Kingdom ◽  
Traffic Control ◽  
Air Traffic Control ◽  
Air Traffic ◽  
The State ◽  
The United Kingdom ◽  
Air Space

I shall try to set the Air Traffic Control scene by describing how the responsibilities of States to provide Air Traffic Services are currently exercised in the United Kingdom, and by indicating some of the measures being taken to ensure that these services keep pace with the increasing demands of the air space users. Any opinions I may express are, of course, my own, and do not necessarily reflect the views of the Ministry of Aviation.

scholarly journals Glacier Flow and the Growth of the Glacier Grain

1947 ◽  
Vol 1 (1) ◽  
pp. 34-34
Author(s):  
G. Seligman
Keyword(s):  
Contact Pressure ◽  
Royal Society ◽  
Freezing Point ◽  
The State ◽  
Insufficient Attention ◽  
Differential Movement ◽  
Air Space ◽  
Pressure Melting ◽  
Glacier Flow

The crystallographic results of the Jungfraujoch Research Party’s investigations were published in the Proceedings of the Royal Society in August 1939. It has since occurred to me that insufficient attention was drawn to another factor affecting the movement and growth of the glacier grain, namely the possibility of pressure melting, followed by regelation. There are numerous air spaces between glacier grains at all stages until they approach the state of pure ice, and it seems natural that while two neighbouring grains (which are continually moving differentially to one another) arc in contact, pressure melting, will take place, and that when the film of water reaches an air space it will refreeze. The effect will become less as the firn passes into ice owing to the decrease in the amount of air space and the increased interlocking, of the grains, which makes their differential movement more difficult. Naturally, also, pressure melting would not take place at those points in the glacier which were appreciably below freezing point.

scholarly journals Administrative-legal means of legal regulation prevention of corruption in Ukraine

2021 ◽  
pp. 265-269
Author(s):  
V.A. Priymak
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
The State ◽  
Effective Prevention ◽  
Organic Part ◽  
Property Income ◽  
Institutional Aspect ◽  
Regulatory Aspect ◽  
The Will ◽  
Corruption Prevention

The purpose of the article is to define the concept and features of administrative and legal means of legal regu-lation of corruption prevention.  It is substantiated that the administrative and legal means of preventing corruption is an integral part of legal reg-ulation. The use of these funds is conditioned by the goals of preventing corruption, which are divided into strategic and tactical. The essence of administrative and legal means of preventing corruption is considered in accordance with the regulatory, institutional, instrumental, normative, managerial, activity and state-centered approaches. Ac-cording to the regulatory aspect, administrative and legal means of preventing corruption are understood as a means of streamlining public relations and a way for the subjects of anti-corruption activities to exercise their powers. In the institutional aspect, these means should be understood as a set of bodies and their officials determined by legis-lative and subordinate legal acts, whose powers include the prevention of corruption, as well as the competence of these entities. In the instrumental aspect, administrative and legal means of preventing corruption are technologi-cally legal techniques and methods of implementing administrative and legal regulation in the studied area, as well as algorithms for the application of these techniques and methods. In the normative aspect, the investigated means represent a hierarchically structured set of legislative and subordinate legal acts, including international legal acts that have been ratified, approved or adopted in accordance with the established procedure. In the managerial aspect, administrative and legal means of preventing corruption are a set of managerial actions and decisions of a nation-wide, sectoral and intradepartmental nature aimed at creating organizational, personnel, financial, material and other conditions for the effective prevention of corruption by the subjects of this activity. In the activity aspect, the investigated means represent a set of legal and extra-legal actions of the subjects of preventing corruption, aimed at achieving the goals and objectives set in the anti-corruption program documents in accordance with the established deadlines and stages. The state-centered aspect encompasses a set of ways to preserve the interests of the state, which include preventing corruption in comparison with the interests of a number of officials to preserve their right to privacy of information about their property, income and expenses, to combine some positions and professions, and the like.The set of administrative and legal means, united by specific goals of law enforcement and directed by the will of the subject of legal relations, is an organic part of administrative and legal regulation. However, the phenomenon of administrative-legal regulation is not limited to administrative-legal means, its integral parts are also the purpose, principles, methods, and also other elements that are distinguished by various researchers.

scholarly journals Glacier Flow and the Growth of the Glacier Grain

1947 ◽  
Vol 1 (01) ◽  
pp. 34
Author(s):  
G. Seligman
Keyword(s):  
Contact Pressure ◽  
Royal Society ◽  
Freezing Point ◽  
The State ◽  
Insufficient Attention ◽  
Differential Movement ◽  
Air Space ◽  
Pressure Melting ◽  
Glacier Flow

The crystallographic results of the Jungfraujoch Research Party’s investigations were published in the Proceedings of the Royal Society in August 1939. It has since occurred to me that insufficient attention was drawn to another factor affecting the movement and growth of the glacier grain, namely the possibility of pressure melting, followed by regelation. There are numerous air spaces between glacier grains at all stages until they approach the state of pure ice, and it seems natural that while two neighbouring grains (which are continually moving differentially to one another) arc in contact, pressure melting, will take place, and that when the film of water reaches an air space it will refreeze. The effect will become less as the firn passes into ice owing to the decrease in the amount of air space and the increased interlocking, of the grains, which makes their differential movement more difficult. Naturally, also, pressure melting would not take place at those points in the glacier which were appreciably below freezing point.

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