25/10/2025
Legal Memorandum: The Case for Somaliland’s Sovereignty Over Its Airspace
To: Relevant International Aviation and Legal Authorities
From: Mohamed Mohamoud Hashi
Subject: Legal Basis for Somaliland’s Authority to Control Its Own Airspace
Date: 23/10/2025
I. Executive Summary
This memorandum presents a legal argument supporting the claim that the Republic of Somaliland possesses the right to exercise sovereign control over the airspace above its territory. The claim is grounded in:
The 1944 Chicago Convention on International Civil Aviation, signed by the United Kingdom on behalf of the British Somaliland Protectorate;
The doctrine of state succession in international law;
Somaliland’s de facto control over its territory and airspace since 1991.
Comparative precedent, notably the case of Taiwan, which manages its own airspace despite limited international recognition.
II. Legal Framework
A. Chicago Convention (1944)
Article 1: Every State has complete and exclusive sovereignty over the airspace above its territory.
The UK, as the administering power of the British Somaliland Protectorate, was a founding signatory.
The Convention does not define “State” in a way that precludes de facto entities from exercising airspace control, especially when they meet the criteria of effective governance.
B. Treaty Succession and Decolonization
Under the Vienna Convention on Succession of States in Respect of Treaties (1978) (though not universally ratified, it reflects customary international law), newly independent states may inherit treaty obligations and rights from their predecessor colonial powers.
In 1960, the UK granted independence to British Somaliland, and formally notified international treaty parties of this transition.
Somaliland’s brief union with Somalia (1960–1991) was not constitutionally binding, and its withdrawal in 1991 restored its pre-union sovereignty, including treaty succession rights.
III. Somaliland’s De Facto Control and Legal Standing
Somaliland has maintained stable governance, defined borders, and independent institutions since 1991.
It has enacted its own Civil Aviation Law (Law No. 70/2017) and operates a functioning Civil Aviation and Airports Authority (SL-CAA).
It controls all airports and air navigation infrastructure within its territory.
Despite ICAO’s recognition of Somalia’s claim, Somaliland’s operational control is undisputed within its borders
Taiwan’s ability to manage its airspace despite limited recognition demonstrates that practical sovereignty and safety considerations can override formal recognition in aviation governance.
V. Legal Argument for Airspace Autonomy
1. Historical Treaty Succession: Somaliland inherited treaty rights from the UK, including those under the Chicago Convention.
2. Effective Control: Somaliland meets the Montevideo criteria for statehood and exercises full control over its territory and airspace.
3. Safety and Operational Necessity: Somaliland’s control ensures safer, more efficient air navigation than the Somalia-based system, which has faced operational and security challenges.
4. Precedent and Equity: Entities like Taiwan and Kosovo demonstrate that de facto states can manage airspace in the absence of full recognition.
VI. Recommendations
Engage ICAO to seek technical recognition of Somaliland’s airspace management authority.
Pursue bilateral agreements with regional and international aviation authorities to formalize airspace coordination.
Document and publicize the legal and historical basis for Somaliland’s treaty succession and airspace sovereignty.
Leverage safety and operational efficiency as a basis for international support.
VII. Conclusion
Somaliland’s claim to airspace sovereignty is supported by historical treaties, international legal principles of state succession, and its effective governance. In the interest of aviation safety, regional stability, and legal consistency, Somaliland’s authority over its airspace deserves recognition and support.
