China violated international laws and standards with its surveillance balloon

The United States recently shot down a Chinese high-altitude balloon after it apparently travelled from China and flew over Alaska and British Columbia. Its first public sighting was over

Montana where it was seen to “hang out for a longer period of time” over military installations where nuclear missiles are located. Panic bells sounded, and fighter jets were scrambled as

tensions between China and the U.S. intensified due to the incursion of a flying object into American airspace. Another balloon, also of Chinese origin, was spotted flying over several

countries in Latin America. BALLOON VERSUS AIRSHIPS China has stated it “strongly disapproves of and protests” the downing of what it calls a “civilian airship” with “limited self-steering

capability” used “for research, mainly meteorological, purposes.” However, the U.S. Pentagon noted the object was a “manoeuvrable Chinese surveillance balloon” with a “broad array of

capabilities” that forms part of a Chinese fleet of balloons developed to conduct surveillance operations. Balloons and airships are both considered aircraft under international law.

Airships are more manoeuvrable than balloons, which are wind-propelled. Even Chinese regulators define an airship as an “engine-propelled, lighter-than-air, manoeuvrable aircraft.” The

International Civil Aviation Organization (ICAO), the United Nations agency that regulates global civil aviation, describes a balloon as a “non-power-driven, unmanned, lighter-than-air

aircraft in free flight,” and says that an airship must give way to balloons precisely because an airship is more manoeuvrable. The organization’s 1944 Chicago Convention provides that

“every state has complete and exclusive sovereignty over the airspace above its territory.” Any aircraft, regardless of whether it is a commercial airliner, balloon or airship, cannot fly

over the territory of another country without permission. MILITARY OPERATIONS? If the Chinese balloon was actually a military aircraft or conducting military operations, as many countries

and experts believe it is, there is even less of a right to over fly the territory of another country. Indeed, both the U.S. and Canada openly complained that China’s balloon violated their

respective airspaces as well as international law. Additionally, there are specific international standards regarding the operation of heavy unmanned balloons that suit the description of

what flew over Canada and the U.S. These standards require a country to properly authorize and operate any balloon originating from its territory. The launch and trajectory of any balloon

must also be communicated in advance to relevant air traffic services to “minimize hazards to persons, property or other aircraft.” Furthermore, before the unauthorized entry into the

airspace of another country, the operation of the balloon must be terminated. China does not appear to have fulfilled any of these obligations. To safeguard the safety and security of

international civil aviation, the ICAO should further clarify the rights and obligations of nations on the use of civilian balloons and/or airships, and provide guidelines on how to respond

when they enter into foreign sovereign airspace. PREVIOUS BALLOON INCURSIONS AND DOWNINGS The U.S. claims “Chinese balloons have previously been spotted over countries across five

continents, including in East Asia, South Asia, and Europe.” Despite repeating the craft is “of civilian nature,” China has said it was a civilian balloon used for meteorological research

but has refused to say to which government department or company it belongs. The manufacturer of the balloon is reportedly a research and design institute affiliated with the Chinese

People’s Liberation Army, and China reportedly has a growing interest in using balloon technology for military purposes. Due to their agility and ability to stay stationary above targets for

long periods of time, many countries, including the U.S., Australia and Germany are again using balloons to provide intelligence, surveillance and reconnaissance. There has been a long

history of balloons flying into the sovereign airspace of other nations, all of which were met with protest and/or attempts to bring them down. In 1956, hundreds of balloons released by the

U.S. flew over parts of eastern Europe and the Soviet Union, fuelling diplomatic tensions. In 1995, American balloonists taking part in a race were shot down by Belarus. In 1998, despite

attempts to down it with more than 1,000 rounds of ammunition, a Canadian weather balloon drifted into British, Norwegian, Finnish and Russian airspace. U.S. WAS WITHIN ITS RIGHTS In

response to a clear and flagrant violation of its sovereignty, the U.S. had a right to bring down the Chinese balloon. Japan, which also experienced balloons flying over Japanese territory

in 2020 and 2021, has said it reserves the right to use weapons to “deal with airspace intrusions.” Even though China has condemned the “abusive use of force towards the civilian airship” by

the U.S, in 2019, Chinese state media displayed images of China’s own air force shooting down a balloon that could “endanger [the] security of air defence.” There are clear international

prohibitions against using weapons against civilian aircraft out of “elementary considerations of humanity for the safety and the lives of persons.” Those regulations do not apply to

unmanned stray balloons. To prevent further balloon incidents, all countries should behave in accordance with international law and avoid actions that may exacerbate tensions and strain

international relations.