Civil and Military Aviation: Sharing the Same Sky

  • Eugene Sochor


Civil and military aviation, which share the same airspace, have learned to live in a symbiotic relationship, each responding to its own rules. The close links between civil and military aviation were well understood when governments were the principal actors in the early days of commercial aviation. These links have been severely strained in what has been called an era of interdependence.1 At issue are questions about the control of the airspace, security needs, the misuse of civil aircraft and the application of military technology by civil aviation.


Civil Aviation Flight Plan Military Aircraft Civil Aircraft Flight Crew 
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Notes and References

  1. 1.
    I refer, among others, to R.O. Keohane and J.S. Nye, Power and Interdependence (Boston: Little, Brown, 1977)Google Scholar
  2. Harold K. Jacobson, Networks of Interdependence: International Organizations and the Global Political System (New York: Knopf, 1984)Google Scholar
  3. James N. Rosenau, Interdependence and Transnational Relations (New York: Nichols, 1980).Google Scholar
  4. 2.
    The most influential book on the subject was Oliver J. Lissitzyn’s International Air Transport and National Policy (New York: Council on Foreign Relations, 1942).Google Scholar
  5. 3.
    R.L. Thornton, International Airlines and Politics: A Study in Adaptation to Change (Ann Arbor, Mich.: Michigan International Business Studies, no. 13, 1970) p. 80.Google Scholar
  6. 11.
    See E.A.G. Verploeg, The Road Towards a European Common Air Market, Doctoral thesis, Utrecht, 1963 and Michel Folliot, Le transport aérien international (Paris: Librairie générale de droit et de jurisprudence, 1977) pp. 264–9.Google Scholar
  7. 20.
    Geo R. Besse (at the time Director General of the Institute of Air Transport), ‘Aviation and Society’, Impact of Science on Society, vol. 31, no. 3, 1981, p. 342.Google Scholar
  8. 24.
    Jay Tuck, High-Tech Espionage (London: Sidgwick & Jackson, 1986) p. 167.Google Scholar
  9. 29.
    Walter Lacqueur, A World of Secrets (New York: Basic Books, 1985) p. 202.Google Scholar
  10. 30.
    Christopher Robbins, Air America (New York: Putnam’s, 1979) p. 18.Google Scholar
  11. Victor Marchetti and John D. Marks, The CIA and the Cult of Intelligence (New York: Dell, 1983) pp. 121–30.Google Scholar
  12. 34.
    The drafting history of this article according to Michael Milde indicates that the underlying intent of Article 4 was to prevent the use of civil aviation by states for purposes which might create a threat to the security of other nations. Article 4 originated in a Canadian draft which was inspired by the text of the 1928 Briand-Kellogg Pact in which the signatories renounced war ‘as an instrument of national policy in their mutual relations’. The words ‘purposes inconsistent with the aims of this Convention’ in Article 4 therefore essentially mean ‘threats to the general security’. M. Milde, ‘Interception of Civil Aircraft vs Misuse of Civil Aviation’, (Background of Amendment 27 to Annex 2) Annals of Air and Space Law, vol. XI, 1986, McGill University, Montreal, pp. 105–30.Google Scholar
  13. 36.
    Anthony Sampson, Empires of the Sky: the Politics, Contests and Cartels of World Airlines (London: Hodder & Stoughton, 1984) p. 119.Google Scholar
  14. 54.
    Major John T. Phelps III, ‘Aerial Intrusions by Civil and Military Aircraft in Time of Peace’, Military Law Review, vol. 17, (Winter 1985), p. 266.Google Scholar

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© Eugene Sochor 1991

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  • Eugene Sochor

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