Amidst the ongoing debate in the Maldives regarding the use of various countries' territories during the conflict in the Middle East, the Ministry of Defense has clarified how the matter stands.
In a post on social media, the Ministry of Defense, while explaining how a country’s maritime and airspace boundaries are legally determined, stated that according to the "Convention on International Civil Aviation (Chicago Convention)," which outlines the airspaces of countries and the main principles followed in air travel, the airspace connected to a country’s territorial waters is an area where the country’s sovereign power applies, and it is a region where permission must be obtained before entry.
It was stated that "airspace beyond this is international airspace," and therefore, no permission is required to enter that area.
"While air traffic control services must be provided in the area encompassing the Flight Information Region (FIR) designated for different countries, the most important purpose of establishing this region is to ensure the safety and security of air travel."
"Even though permission from a country is not required to enter an FIR area located within international airspace, air traffic control services will share information and coordinate regarding such travels."
Under the principles of the International Civil Aviation Organization (ICAO), specifically under the Chicago Convention on International Civil Aviation, a country’s full and independent sovereign power applies to the following:
- The land territory of that country
- The territorial waters of that country (up to 12 nautical miles from the coast)
This means, no vehicle (especially military vessels/aircraft) can enter this area without obtaining permission.
However, the Flight Information Region (FIR) is a completely different area from the airspace connected to territorial waters. It is not sovereign airspace.
The FIR is an entirely different region. This is a region designated by the ICAO.
Its purposes are:
- Air Traffic Control (ATC)
- Coordinating security matters
- Providing necessary information to flights
The FIR is not an airspace where the country has full power. Even if a country manages the FIR itself, it does not mean that aircraft entering that region are considered to be entering the country’s sovereign airspace.
Why can the FIR be used without permission?
Legally, vessels/aircraft can travel through the FIR without seeking permission for the following reasons:
- The FIR is a region for security matters: ICAO assigns that region with the responsibility of managing traffic. Not political power.
- Freedom of navigation over international waters: Under international laws, the airspace above international waters (High Seas) is an international space. Vessels/aircraft have the freedom to travel there.
Therefore, if a vessel/aircraft is outside a country’s 12-nautical-mile zone but within the FIR, it is not considered an entry into the area where the country’s sovereign power applies.
Countries have control over their own airspace (Air Space). Not the FIR.
However, since the FIR also appears as the country’s airspace when looking at charts, there is a perception that it is an area where the country’s power applies and where aircraft from other countries cannot enter without obtaining permission.
