LAW IN THE SKY: What Are the Rights of High Flight?

WHEN the U.S. proclaimed that it has a defensive right to fly high in the sky above Communist territory, it entered into an area of international law as unexplored and uncertain as outer space itself. Says International Lawyer and Political Scientist Hans Morgenthau of the University of Chicago: "There are no legal precedents for such flights." The U.S. now finds itself in a grey area between war and peace, in a time when old codes are frequently stretched or violated. In the past cold-war decade. Soviet or Red Chinese combat planes have attacked and gunned down half a...

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