Freedom of Overflight

Freedom of Overflight—Ecuador in 2013

United States views on international law [1] in relation to Freedom of Overflight—Ecuador: On February 15, 2013, the Embassy of the United States of America in Quito, Ecuador delivered a diplomatic note to the Ministry of Foreign Affairs, Commerce, and Integration of the Republic of Ecuador regarding frequent denials from Ecuadorian civil aviation authorities of U.S. military flight plans beyond 12 nautical miles of the Ecuadorian coast. Excerpts from the U.S. diplomatic note follow.

Some Aspects of Freedom of Overflight—ecuador

…[O]n December 11, 2012, a U.S. military aircraft planned to depart Lima enroute to Central America. Its planned route of flight was more than 50 nautical miles from Ecuador's coastline. Following this route, the United States intended to enjoy the freedoms of navigation and overflight provided for under international law. Air traffic controllers in Peru denied the aircraft's departures stating that Guayaquil Air Traffic Controllers cited a need for a diplomatic clearance from Ecuador.

Developments

In this regard, and also in light of the Government of Ecuador's ratification of the 1982 United Nations Convention on the Law of the Sea (“the Convention”) in 2012, the United States reminds Ecuador of the Embassy's previous communications concerning the operation of U.S. military aircraft in international airspace and notes that, as reflected in the Convention, the maximum breadth of the territorial sea and the air space over it is 12 nautical miles, beyond which all States enjoy the freedoms of navigation and overflight and other internationally lawful uses of the sea related to these freedoms.

Details

The United States calls upon Ecuador to facilitate the use of international airspace by state aircraft, whether within or outside a flight information region (FIR). To that end, the United States requests that Ecuadorian civil aviation authorities, including Guayaquil air traffic controllers, be reminded that state aircraft in international airspace are free to operate without notice to or clearance from coastal national authorities, and are not subject to the jurisdiction or control of civil air traffic control authorities of those nations. State aircraft of the United States comply with the international law requirement to navigate with due regard for civil aviation safety.

On April 23, 2013, the United States delivered another diplomatic note to the Ministry of Foreign Affairs, Commerce, and Integration regarding overflight denials, including two new denials that occurred since February 15. Excerpts from the U.S. diplomatic note of April 23 follow.

The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs, Commerce and Integration of the Republic of Ecuador and has the honor to refer the Ministry to diplomatic note POL 028/2013 dated February 15, 2013, which regards frequent denials from Ecuador's civil aviation authorities of U.S. military flight plans and flights in international airspace beyond 12 nautical miles of Ecuador's coast. Since that note was sent, two new denials occurred in the interim. The Embassy reiterates its request for a response to its February 15, 2013 note.

Freedom of Overflight—Ecuador in 2013 (Continuation)

United States views on international law [1] in relation to Freedom of Overflight—Ecuador: In the most recent examples, on March 25, U.S. military aircraft (RCH 501) en route and following a flight plan from Mexico to Peru received a request from Guayaquil air traffic control to divert to a course that would have changed the flight's entry point into Peru. As RCH 501 was flying in international airspace, it proceeded on its filed flight plan. Also on March 25, another U.S. military aircraft (CONVOY 9407) was denied permission to depart from Lima due to an objection from Guayaquil air traffic control that the flight needed diplomatic clearance from Ecuador. The originally planned routes of both flights were well outside Ecuador's national airspace. Following the planned routes, the United States intended to enjoy the freedoms of navigation and overflight provided for under international law, including as reflected in the 1982 United Nations Convention on the Law of the Sea (“the Convention”), to which Ecuador acceded in 2012. In this regard, the United States reminds Ecuador of the Embassy's previous communications concerning the operation of U.S. military aircraft in international airspace and notes that, as reflected in the Convention, the maximum breadth of the territorial sea and the air space over it is 12 nautical miles, beyond which all States enjoy freedom of navigation and overflight and other internationally lawful uses of the sea related to these freedoms, without interference from coastal State authorities.

More about Freedom of Overflight—ecuador

The United States calls upon Ecuador to facilitate the use of international airspace by State aircraft, whether within or outside a flight information region (FIR), consistent with international law. To that end, the United States requests that Ecuador's civil aviation authorities, including Guayaquil air traffic controllers, be reminded that State aircraft in international airspace are free to operate without clearance from coastal State authorities, and are not subject to the jurisdiction or control of civil air traffic control authorities of those coastal States. State aircraft of the United States comply with the international law requirement to navigate with due regard for civil aviation safety.

Development

The Embassy would appreciate clarification of Ecuador's adherence to the international law referred to above and reflected in the Convention. The Embassy would welcome the opportunity to discuss the issue further. The United States requests that the Government of Ecuador review this matter in order to prevent a recurrence and to ensure that the rights, freedoms, and uses of the sea and airspace reflected in international law are respected.

Details

On June 4, 2013, the Ministry of Foreign Affairs, Commerce, and Integration of the Republic of Ecuador responded to the U.S. diplomatic notes of February 15 and April 23, stating, in part, that “in the exclusive economic zone of Ecuador there is freedom of navigation and overflight for ships and aircrafts of other States, in accordance with the provisions of the [UN Convention on the Law of the Sea] and the statement made by Ecuador when it adhered to the Convention in October 2012.” The diplomatic note stated further that “. . . appropriate arrangements . . . have been made in order to comply with the provisions of the UN Convention on the Law of the Sea.”

Resources

Notes

Freedom of Overflight—ecuador in the Digest of United States Practice in International Law

Resources

Notes

Freedom of Overflight—ecuador in the Digest of United States Practice in International Law