This legal memorandum presents a comprehensive and reasoned argument establishing the Republic of Somaliland’s legitimate and sovereign right to autonomously manage the airspace above its territory. The case is grounded in international law, historical facts, and its sustained de facto administrative control.
I. Legal and Factual Basis for Somaliland’s Sovereignty over its Airspace
Somaliland’s claim to its airspace is supported by four pillars of international law and practice:
1. The Chicago Convention (1944) and Historical Title
Article 1 of the Chicago Convention unequivocally states that”every State has complete and exclusive sovereignty over the airspace above its territory.” This treaty was signed on behalf of the British Somaliland Protectorate in 1944. Upon reclaiming its independence in 1991, Somaliland legally succeeded to these pre-existing air rights. This confirms that Somaliland’s airspace is an integral part of its territorial sovereignty, recognized internationally during the British colonial era.
2. The Principle of State Succession
According to the Vienna Convention on Succession of States in Respect of Treaties(1978) and customary international law, a state that emerges from a dissolved union succeeds to the rights and obligations pertaining to its territory. When Somaliland dissolved its union with Somalia in 1991, it reasserted sovereignty over all its territorial rights, including the administration of its airspace. This principle affirms that Somaliland’s territorial and airspace sovereignty is not new but has a continuous legal existence.
3. De Facto Control and Effective Administration
For over three decades,the Republic of Somaliland has peacefully and effectively administered its territory and airspace. It has established autonomous national institutions, including the Somaliland Civil Aviation Authority, built airports, enacted national aviation laws and regulations, and integrated with regional air traffic control systems. This sustained, effective governance fulfills the criteria for statehood and sovereignty as defined by the Montevideo Convention (1933).
4. The Broken Agreements with Somalia (2012-2015)
Between 2012 and 2015,the United Nations and the International Civil Aviation Organization (ICAO) facilitated formal talks between Somaliland and Somalia, resulting in an agreement that included:
· Equal (50/50) sharing of the management and revenue from air navigation services.
· Establishment of a joint technical office to be based in Hargeisa.
· Collaborative operation under the supervision and guidance of ICAO.
This agreement was formally signed by both parties and acknowledged by international bodies. However, the Federal Government of Somalia unilaterally abrogated this agreement, unlawfully claiming exclusive control over the airspace and diverting associated revenues. This constitutes a clear breach of a internationally-brokered pact and violates the fundamental principle of pacta sunt servanda (“agreements must be kept”).
II. Legal Recommendations
Based on the foregoing, this memorandum outlines four key recommendations:
- Formal Recognition of Rights: Somaliland possesses both de jure (legal) and de facto (practical) rights to manage its airspace, in full compliance with international law and practice.
- Diplomatic Action: Somaliland should formally submit applications to the ICAO Council and UNOPS seeking recognition of its autonomous airspace management and formally register Somalia’s breach of the previous agreement to protect its sovereign rights.
- Bilateral Air Service Agreements: Somaliland should pursue direct bilateral air service and security agreements with neighboring states, such as Ethiopia, Djibouti, and Kenya, to strengthen technical cooperation and enhance aviation security.
- International Adjudication: If Somalia’s obstructive actions persist, Somaliland has the right to bring a case before the International Court of Justice (ICJ) or utilize the dispute resolution mechanism under Article 84 of the Chicago Convention.
Conclusion
The Republic of Somaliland has a full, legitimate, historical, and effective right to autonomously manage its airspace. This right is firmly rooted in the Chicago Convention (1944), the Vienna Convention on State Succession (1978), the Montevideo Convention (1933), and over 30 years of uninterrupted, de facto administration.
Therefore, it is imperative that ICAO, the United Nations, and regional bodies formally recognize and respect Somaliland’s sovereignty over its airspace, in accordance with the principles of justice, the equality of states, and the protection of its hard-won autonomy.
NB: The new government must work towards taking tangible steps regarding Somaliland’s airspace, given that the administration of the country is now in its hands and the public expects a swift and effective resolution.
ANNEXES
· Annex I: Chicago Convention (1944) – Articles 1 (Air Sovereignty), 2 (Definition of Territory), 68 (Designation of Air Routes).
· Annex II: Vienna Convention (1978) – Articles 11 (Succession to Borders), 35 (Succession to Treaties concerning Territorial Sovereignty).
· Annex III: Montevideo Convention (1933) – Article 1 (Criteria for Statehood: permanent population, defined territory, government, capacity to enter into relations with other states).
· Annex IV: The Somaliland-Somalia Airspace Agreement (2013-2014) – Brokered by UN/ICAO, outlining equal sharing of management and revenue, signed during President Silanyo’s administration, and later abrogated by Somalia.
· Annex V: UN/ICAO Documentation – Records referencing Somaliland’s role in airspace management, including references to the “Somalia Civil Aviation Caretaker Authority (SCAMA),” demonstrating Somaliland’s official and collaborative role.
By Lawyer Eid Abdi Siciid
