ULUSLARARASI KAMU HUKUKU II

The first conference was organized in Paris in 1910. The Conference focused on neither the sovereign

rights of States over their territory nor the freedom of use of air space. States agreed on the topics of the nationality of aircraft, registration of aircraft, certification of aircraft, licensing of the flight crew, rules of the air, customs procedures, etc. However, the Convention failed to enact an international convention on many topics. Therefore, the correct choice is A.

The International Civil Aviation Organization was established in 1944 Chicago Convention. Therefore, the correct choice is B.

Securing a fair opportunity for each State to operate an international airline is one of the objectives of ICAO. Therefore, the correct choice is D.

'International air space can be defined as the air space beyond the national air spaces of each State, or the air space above the areas of the sea beyond territorial waters' is the whole sentence. Therefore, the correct choice is B.

According to Annex 11, the whole airspace on the planet is divided into flight information services (FIR). Therefore, the correct choice is C.

Cabotage is associated with the sovereignty regime of airspace and limits air transportation. Therefore, the correct choice is E.

For the sake of aviation security, several international treaties have been enacted under the guidance of the ICAO. These are; the 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft (The Tokyo Convention), the 1970 Hague Convention for the Suppression of Unlawful Seizure of Aircraft (The Hague Convention), the 1971 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (The Montreal Convention), the 2010 Beijing Convention on the Suppression of Unlawful Act Relating to International Civil Aviation (The Beijing Convention). Therefore, the correct choice is D.

The Beijing Convention includes new crimes in light of the needs of international society against recent threats for civil aviation. Therefore, the correct choice is C.

During the Cold War and the space race, the sensitive issue was a possibility of the beginning of a space war. Therefore, the peaceful uses principle is employed as a preventive tool for the use of force in outer space or through outer space. Therefore, the correct choice is E.

Space travel brings some legal questions such as; applicable law to the activity, whether space law or air law, the legal status of space tourists, the definition and the legal status of the vehicle designed for orbital and suborbital flights, the registration of the vehicle designed for orbital and suborbital flights, obligations, liabilities against third party. Therefore, the correct choice is B.

1919 Paris Convention recognized the sovereignty of States over the air space above their territory. The other important provision was on the right of innocent passage in time of peace for all States. The correct answer is E.

The 1928 Havana Convention was adopted in the Pan-American Conference organized by the Commercial Aviation Commission of the PanAmerican Union in 1928. The USA and sixteen Latin American States, except for Argentina, Paraguay, and Peru, were the parties of the Convention. The correct answer is E.

In the beginning, Draft Building Blocks for the Development of an International Framework on Space Resource Activities defines concepts like space resource, utilization of space resources, space resource activity, space object, space product, and operator. The principles for space mining activities are presented as follows: Space resources shall be used exclusively for peaceful purposes, space resource activities shall be carried out for the benefit and in the interest of all countries and humankind irrespective of their degree of economic and scientific development, space resource activities shall not harmfully interfere with other on-going space activities, including other space resource activities and international cooperation in space resource activities shall be conducted in accordance with international law. The correct answer is B.

Space debris is a general term referring to all tangible man-made materials in space other than functional space objects. Debris thus includes spent satellites themselves, ejected instrument covers, upper stages (orbital transfer stages), fragments thereof, and so on. They are objects which originate from what were functional space objects but which no longer serve a useful purpose (Masson-Zwaan, 2017: 33). Space debris is dangerous because it can crash to Earth, puts human space activities and life on Earth at risk. Space debris is very difficult (if not impossible) to clean up and the amount of it is increasing steadily despite the decline in the number of launches per year. The correct answer is C.

The purpose of the legal regime is to ensure that space activities are carried equally for the benefit of mankind, for peaceful purposes and so on. To put it another way, the legal regime of outer space and space activities protects international public order and public interests. This is why, sovereignty over outer space and celestial bodies, peaceful uses of outer space, freedom of exploration and use, international liability for breaches caused by space objects, registration of space objects and rescue and return of astronauts and space object are the topic under this vein. The correct answer is A.

There are different approaches to the delimitation of air and outer space. These approaches are classified as spatial approach and functional approach. The spatial approach suggests that a physical line must be set between air space and outer space. For instance, Von Karman suggested that the line between air space and outer space must be at an altitude of 100 km. He based this line according to the highest altitude that an aircraft might fly (Kopal, 2006: 17 – 18). The correct answer is B.

There are different approaches to the delimitation of air and outer space. These approaches are classified as spatial approach and functional approach. The spatial approach suggests that a physical line must be set between air space and outer space. For instance, Von Karman suggested that the line between air space and outer space must be at an altitude of 100 km. He based this line according to the highest altitude that an aircraft might fly (Kopal, 2006: 17 – 18).

In contrast to the spatial approach, the functional approach does not accept any boundary between air and outer space. Instead, it offers a distinction between air space and outer space activities. For instance, if an activity, regardless of the altitude, is being performed as an outer space activity, the regime of space law should be applied to this activity. As we see, the approach is more focused on the objective and the mission of the activity in applying air or space law (Kopal, 2006: 19). THe correct answer is A.

After the 9/11 attacks, ICAO pointed out new threats to civil aviation and reviewed the efficiency of the former Conventions. After this statement, ICAO has also worked on a new convention for several years and conveyed a diplomatic conference in Beijing in 2010. At the Conference, the Beijing Convention regarding aviation security was adopted and came into force in 2018.  The correct answer is D.

After the development of aircraft technology, the first conference was organized in Paris in 1910.

Both the 1919 Paris Convention and the 1928 Havana Convention are not in force anymore.