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Territorial Rights Over Air & Space Above Jurisdictions

Gary Corn, Bryan Cunningham, and Mary Beth Long

When can a country shoot down an object over its territory? Does it matter if the object is manned, if it has passengers whether combat soldiers or civilians; or even the height above the ground, such as 10, 50 or 60 thousand feet? Is the UN Charter relevant and if so, which section: Self defense under article Art 51 UN Charter (whether it takes the form of classic, anticipatory or pre-emptive) vs jurisdiction and UN approval under Chapter 7. Is there a difference between U2 flown by Francis Gary Powers and the balloons most recently shot down? Is human pilot the difference? Are there lessons to be drawn from the Law of the Sea?