Regulatory Framework of Civil-Military Coordination in Aviation

The existence of both military and civil aviation are essential for a State. Although they are entirely different in nature, both share the same airspace. At some points, an imbalance in their co-existence may force the States to define an equilibrium between those two equally important interests. On one hand, the military holds a massive discretion to defend State's sovereignty from every potential threat including those coming from the sky, therefore, the military has to be constantly vigilant against any activity in the national airspace and, if required, take necessary measures to wipe out the threat. On the other hand, civil aviation takes a crucial part in air transportation and serves to promote the economic growth of a State whereas, driven by the economic consideration, States tend to liberalize their air services to achieve national prosperity. As a result, air traffic activities are increasing. Above all, States have an international obligation to ensure the safety of civil aircraft at all times. To this end, civil-military coordination appears to be a suitable solution to tackle such an issue.

Autorentext

Ardya Mahendra Budi Nugroho holds a Master degree on Air and Space Law from Leiden University. Before joining the program, he has had experience in military aviation as a legal advisor in the Indonesian Air Force for about ten years.