Airspace Agreement Between India And Pakistan

Since Pakistan`s ban on the use of its airspace, several flights in Asia, between Asia and West Asia, or Europe or the United States have been forced to take a longer route. The desire to promote good neighbourly relations between the two countries. Aware of the need to redouble efforts to avoid unnecessary alarms. Bolivia responded by accusing the United States and cooperating governments of «kidnapping» Morales and committing to file a complaint with the United Nations. UnASUR, the South American bloc of 12 nations, condemned the refusal of airspace as «unseemly and unjustified acts that also seriously compromised the security of the Bolivian head of state and his party.» Brazil, Argentina, Uruguay and Venezuela recalled their diplomats to consultations and demanded explanations from European states. In its speech in support of MERCOSUR, a regional trade organization, Uruguay called the measures «unfounded, discriminatory and arbitrary, in flagrant violation of the precepts of international law.» The Organization of American States (OAS) also condemned the flight bans and asked countries to apologize to Bolivia. After meeting with MERCOSUR members on 5 August 2019, Secretary-General Ban Ki-moon reaffirmed that a head of state and his plane were playing immunity and inviolability. India and Pakistan will take appropriate measures to ensure that there is no violation of airspace on the other side. When one country wishes to launch flights of aircraft/helicopters within 1000 metres of each other`s airspace for purposes such as air measurement, deliveries are made for grace missions and air rescue missions.

This agreement depends on ratification. It comes into effect from the effective date of this agreement. Shortly after Pakistan filed its formal complaint, India questioned the jurisdiction of the ICAO Council. Delhi submitted that the Chicago Convention and a related international transit agreement between the parties were suspended. According to India, bilateral air services were rather governed by rules established in the 1966 Tashkent Declaration, an agreement to normalize relations between countries after the 1965 war in Kashmir. Delhi stated that since the Chicago Convention was not in force, there was no disagreement on the interpretation or application of its provisions. After the ICAO Council confirmed its jurisdiction in this case, India lodged an appeal with the ICJ in accordance with the provisions of the Chicago Convention procedure. In a major decision, the ICJ confirmed the jurisdiction of the ICAO Council to hear the case.

The ICJ has extended the jurisdiction of the ICAO Council.