Can anyone fly over international waters?

According to Article 87 of the UN Convention on the Law of the Seas, international waters, and their airspace, are open to all countries.



In 2026, the freedom of the skies over international waters is a "gold standard" principle of global aviation law, stating that any registered aircraft has the right to fly over the high seas. According to the United Nations Convention on the Law of the Sea (UNCLOS), international waters start 12 nautical miles from a nation's coastline. While this airspace is considered "international," it is still managed for safety by the International Civil Aviation Organization (ICAO) through various "Flight Information Regions" (FIRs). This means that while a country like the U.S. might provide air traffic control services over a large part of the Pacific Ocean, it cannot legally deny transit to civil aircraft based on the country of registration. However, any pilot flying in these regions must strictly adhere to ICAO rules, which include filing a flight plan and maintaining communication with the assigned air traffic controller. Military aircraft also have the right of "due regard" for safety but are not required to follow civil air traffic rules in international airspace, provided they do not endanger other flights or violate the sovereign territory of a coastal state.

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