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Consider an aircraft registered in country A. On a flight operated by an airliner based in country B, it carries passengers on a flight from country X to country Y. The flight path overflies airspace of country C and international airspace.

Assume that countries A, B, C, X and Y all have different legal drinking ages.

What is the legal drinking age on this flight? Does the same apply on ships?

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  • Whichever is greater?
    – ShemSeger
    May 29, 2015 at 13:58
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    The Tokyo Convention may be of interest, but I don't know enough about it to form a full answer.
    – Flup
    May 29, 2015 at 15:20
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    The short answer is, in absence of a treaty or convention governing, then the law of the country over which the place is located govern for the time the plane is in overflight. Laws of a country are generally taken to extend upward from their boundaries (and downward for the control of mineral rights, etc.). May 29, 2015 at 16:45
  • @DavidC.Rankin Post as an answer?
    – Kevin Li
    May 29, 2015 at 17:09
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    related question on Avation SE: aviation.stackexchange.com/questions/12532/…
    – Chad
    May 29, 2015 at 19:54

1 Answer 1

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The short answer is, in absence of a treaty or convention governing travel, then the law of the country over which the plane is located governs for the time the plane is in overflight. Laws of a jurisdiction (a country, or a state) are generally taken to extend upward from their boundaries (and downward for the control of mineral rights, etc.).

There are a number of jurisdictional cases where service of process (presenting a defendant with a copy of citation starting a civil suit) or an arrest has taken place on-board aircraft where the action had to take place over a given country or state to invoke jurisdiction.

As mentioned in the first sentence, there is nothing to prevent countries for entering into a Treaty or agreement that would alter the basic scheme, but absent a treaty or convention, the basic scheme of boundary extension would apply.

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    I expected this to be correct but all research I did hoping to improve your answer with citations indicates that the country of registration's laws apply.
    – Chad
    May 29, 2015 at 19:55
  • You have to separate laws governing who is responsible for the aircraft and problems with the aircraft and laws governing in personam jurisdiction of the passengers aboard. While by regulation, the country of registration is responsible for the 'aircraft' (We see that in Malaysia Flight 370 Investigation), the general situs of the aircraft governs jurisdiction over, and laws applicable to, those on-board at any given moment in flight (aside from the terrorism applicable laws). Two different areas of law entirely. May 29, 2015 at 21:44
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    Does this means that if a flight overflies Saudi Arabia, all the women in the plane should put a veil (assuming that it is mandatory there)? May 30, 2015 at 20:39
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    There is something in law known as "legal realism", originally adapted as an explanation for why judges should have more discretion in sentencing when a seemingly trivial offense would dictate a life sentence under a "3-strikes and your out" framework (or the like). A weasle-word for making sure that judges had discretion to insure "the punishment fits the crime". It is applicable in many areas, like here. While there may be a technical argument all women should don burkas (sp?) over Saudi Arabia, the legal reality of the situation recognizes that "that's not going to happen." May 31, 2015 at 0:51

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