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Was the balloon that suddenly appeared over the US last week undertaking surveillance? Or was it engaging in research, as China has claimed? While the answers to these questions may not be immediately known, one thing is clear: the incursion of the Chinese balloon tested the bounds of international law. This incident has also added another layer of complexity to the already strained relations between the US and China. US Secretary of State Antony Blinken’s planned visit to Beijing has been postponed. And China has reacted to the shooting down of the balloon with diplomatic fury. Both sides have long disagreed over the presence of US warships in the South China Sea and Taiwan Strait, which China claims as its own waters and the US considers international waters. Will the air be the next realm to be contested by the two superpowers? A long military historyHot air balloons have a somewhat benign public image. But they also have a long military history that extends back to the Napoleonic era in Europe during the late 18th century and early 19th century when they were used for surveillance and bombing missions. The early laws of war even included some specific measures designed to address the military use of balloons during armed conflict. The modern military significance of balloons now appears to be understated, especially in an era of uncrewed aerial vehicles or drones, which have proven effective during the current Ukraine war. However, while balloons may no longer be valued for their war-fighting ability, they retain a unique capacity to undertake surveillance because they fly at higher altitudes than aircraft, can remain stationary over sensitive sites, are harder to detect on radar, and can be camouflaged as civilian weather craft. Who has sovereignty over the air?The international law is clear with respect to the use of these balloons over other countries’ airspace. Every country has complete sovereignty and control over its waters extending 12 nautical miles (about 22 kilometres) from its land territory. Every country likewise has “complete and exclusive sovereignty over the airspace above its territory” under international conventions. This means each country controls all access to its airspace, which includes both commercial and government aircraft. But the upper limit of sovereign airspace is unsettled in international law. In practice, it generally extends to the maximum height at which commercial and military aircraft operate, which is around 45,000 feet (about 13.7km). The supersonic Concorde jet, however, operated at 60,000 feet (over 18km). The Chinese balloon was also reported to be operating at a distance of 60,000 feet. International law does not extend to the distance at which satellites operate, which is traditionally seen as falling within the realm of space law. There are international legal frameworks in place that allow for permission to be sought to enter a country’s airspace, such as the 1944 Chicago Convention on International Civil Aviation. The International Civil  Aviation Organization has set an additional layer of rules on airspace access, including for hot air balloons, but it does not regulate military activities. The US also has its own “air defence identification zone”, a legacy of the Cold War. It requires all aircraft entering US airspace to identify themselves. Canada has its own complementary zone. During the height of Cold War tensions, the US would routinely scramble fighter jets in response to unauthorised Soviet incursions into US airspace, especially in the Arctic. Many other countries and regions have similar air defence identification zones, including China, Japan and Taiwan. Taiwan, for instance, routinely scrambles fighter jets in response to unauthorised incursions of its airspace by Chinese aircraft.Testing the waters – and airSo, given these clear international rules, the US was on very firm legal footing in its response to the Chinese balloon. Overflight could only have been undertaken with US permission, which was clearly not sought. China initially attempted to suggest the balloon malfunctioned and drifted into US airspace, claiming force majeure. If the balloon was autonomous, it would have been entirely dependent on wind patterns. However, a report in Scientific American said the balloon appeared to have a high level of manoeuvrability, especially when it appeared to linger over sensitive US defence facilities in Montana. Washington displayed a lot of patience in dealing with the incursion. President Joe Biden authorised military jets to shoot down the balloon, but it took some days before that could be done safely without endangering lives on the ground. The balloon incident has clearly tested the Biden administration and the US response to China’s growing military assertiveness. Similar events occur on a regular basis in the South China Sea, where the US Navy conducts freedom of navigation operations through Chinese claimed waters. The US presence is vigorously challenged by the Chinese Navy. China has also responded aggressively to the presence of US reconnaissance planes over the South China Sea, raising the risks of an accident that could spark a wider conflict. What is remarkable about the balloon incident is China has asserted its physical presence well within America’s sovereign borders. How both sides respond in the aftermath will determine whether China-US tensions worsen further and if we can expect potential future provocations between the two sides in the air, as well as at sea.

At the end of August, NATO Secretary General Stoltenberg visited Canada: he went to the Canadian High Arctic Research Station in Cambridge Bay (Nunavut), which is one of the facilities of the Northern Warning System, and the Canadian Forces Base in Cold Lake (Alberta). Based on the itinerary and official statements, it was not exactly a courtesy visit. Obviously, as part of the transformation of the NATO concept, Canada is expected to take more active measures in key fronts. And this is not only an increase in defense spending, which is a traditional requirement of the US for all NATO members. The United States and its NATO allies expect that Canada's strategic approach to developing its defense policy will take into account new challenges that, in their opinion, pose a growing threat to the security and defense capabilities of all members of the alliance in the long term. The allies list two blocs among the key challenges requiring the intensification of Canadian participation in NATO. First, these are non-military threats, including those related to climate change, which contribute to the growth of instability in this region. In accordance with the NATO Strategic Concept 2022, one of the goals and strategic challenge for the member countries of the organization Is the problem of climate change. Secondly, the threats associated with the intensification of the actions of China and Russia in the Far North. It is in this direction that Canada's policy is considered by the allies as key in terms of developing and strengthening the defense capability of the alliance. The very fact of the NATO Secretary General's visit to the northern territories testifies to possible changes in the position of the current liberal government regarding the expansion of cooperation with NATO. Previously, Canada has been reluctant to engage with allies other than the United States in discussing specific initiatives, such as conducting joint military exercises in the country's northern territories. Now the participation of the allies, according to Canadian Defense Minister A. Anand, is "acceptable." Although there is no talk of specific agreements on conducting exercises under the leadership of NATO in the Far North region. In 2019, Canada adopted a new Arctic strategy, the Arctic and Northern Policy Framework. According to the document, increasing regional competition and the strategic interest that the region represents for various countries pose threats to Canadian security. To mitigate threats, the government, in addition to increasing investment and infrastructure projects, has pledged to strengthen the presence of the armed forces and Canadian Rangers to ensure national security and protect sovereignty in the region, as well as to increase the participation of Arctic and non-Arctic allies and partners in operations in the Canadian Arctic, including in the framework of NATO. The need to expand the military presence in this region is also mentioned in the Defense Policy of Canada in 2017 (“Strong Secured and Engaged”). In this regard, the government of J. Trudeau undertook to modernize NORAD, as well as to update the composition of the combat aircraft fleet. However, according to Canadian experts, the liberals are still allocating very little money for these purposes compared to, for example, Finland or Denmark, while the socio-cultural and environmental spheres remain strategic priorities. Although the Defense Policy notes that the Arctic is a springboard for contradictions in the field of global security, however, potential conflicts among the Arctic powers are not currently visible. Indeed, for now the Canadian Arctic strategy affects the defense sphere only in the most general way, focusing on non-military threats associated with climate change, and the strengthening of the military presence implies the expansion of non-military functions of the armed forces (for example, participation in rescue operations or the fight against man-made disasters). However, Canada's readiness to come up with such an initiative can be realized in the event of increased activity on the part of China or Russia in this region, for example, in the implementation of the Russian strategy for the development of the Arctic until 2035, adopted in 2020. The implementation of the tasks set in the Russian strategy to strengthen the presence of armed forces in the Arctic zone will be perceived as a deliberate escalation that can destabilize the situation and pose a threat to regional security. At the same time, changes in the positions of legislators regarding the Arctic agenda and interaction with NATO in this direction have been outlined already at the stage of formation of the Policy Framework for the Arctic and the North. Then the Standing Committee on Foreign Affairs and International Development published a multi-page report entirely devoted to Canada's Arctic policy. In addition to climate change, it lists Russia's significant military presence as well as China's Arctic ambitions as security threats to the Canadian Arctic region. In this regard, the government of J. Trudeau was recommended to expand cooperation and interaction with NATO allies in order to quickly analyze and respond to these threats through joint efforts. Canada's position in relation to increasing its defense capabilities in the Arctic region is perceived by the United States as a factor in the alliance's vulnerability in the northwest direction. Therefore, it can be expected that pressure from the allies will intensify. Both the NATO Secretary General and the countries that are members of the block will bilaterally demand that the Canadian authorities fulfill their obligations to improve the defense potential in their northern territories, as well as to respond in a timely manner to threats, in their opinion, emanating from China and Russia. Since the alliance is one of the key factors in the Canadian security and defense system, the growing strategic competition / confrontation between NATO and the Russian Federation will dictate the conditions for Canada to interact with the Russian side in the Arctic zone, while requiring military modernization and strengthening of military potential not only to combat non-military threats. Canada will be challenged by allies to adapt to the threat of potential conflicts over access to resources, unresolved border disputes, governance issues in the Arctic region.