Since the beginning of flight, property owners have argued over the ownership of the space above their land. Two theories of sovereignty have existed and were discussed by early jurist. One side believed property owners had no rights to the space above their land and the other side believed that individuals had exclusive sovereignty. These issues were advanced by international attention shortly after the Wright brothers' first flight.
Airline regulation started after WWI. The new uses of the airplane, not only for war but for transportation of goods and people, demanded regulation. During the Paris Peace Conference of 1919 that ended the War, a French Under-Secretary of State suggested that aviation matters also be taken up during the discussions. His suggestion was favorably received by the delegates.
An Aeronautical Commission was formed and drew up regulation of aerial navigation; this charter was signed by 27 States on 13 October 1919. This agreement consisted of 43 articles that dealt with all technical, operational and organizational aspects of civil aviation. To monitor the regulations, the International Commission for Air Navigation (ICAN, and the predecessor of ICAO) was formed.
ICAN was not the first and only organization formed during those early aviation years to regulate the use of the airplane. The Fédération Aéronautique Internationale had been around since 1905 to oversee private aviation and air touring. The International Chamber of Commerce, which was created to express the opinion of the business world, had a transport group that also discussed aeronautical questions. And, in 1919, six European airlines founded the International Air Traffic Association (IATA) to help airlines standardize their paperwork and passenger tickets and also help airlines compare technical procedures.
ICAN, being the largest organization and under the direction of The League of Nations, oversaw the recognition that each country has full and absolute sovereignty over the air above its territories and waters. With these rights, a country can deny entry and regulate foreign flights into their airspace. Also a part of the provisions were the requirements of airworthiness, pilot license, rules of the air, the right of flight across foreign territory, and a prohibition of the transportation of arms, explosives and photographic equipment by aircraft.
