Airports: Sovereign Land Or No Man's Land?

The idea of airports as 'no man's land' is a common misconception. While it is true that airports—or, more specifically, transit zones—are subject to different rules, they are not exempt from the laws of the country in which they are located. In fact, legal experts agree that a country has sovereignty over these zones. This means that while you may be able to avoid certain immigration processes in transit, you are still required to obey the laws of the land.

International zones are not fully subject to the border control policies of the state in which they are located

International zones are areas not fully subject to the border control policies of the state in which they are located. They can range from special economic zones to sterile zones at ports of entry, which are exempt from customs rules. International zones may also maintain distinct visa policies from the rest of the surrounding state.

Special Economic Zones (SEZs) are areas with different business and trade laws from the rest of the jurisdiction. They are established to increase foreign direct investment and facilitate export-oriented manufacturing. SEZs typically have less strict border control policies regarding customs. For example, an export processing zone will usually allow goods manufactured for export to be exempt from excise tax. The most extreme category of SEZ is a freeport, where goods stored or transhipped are treated as never having entered the host jurisdiction.

Concessions are territories within a state over which another state has been granted jurisdiction. An example is the United Nations' headquarters in New York City, which is administered as an international concession but is still subject to most local and national laws.

Sterile zones at ports of entry are areas where arriving international passengers have not formally entered the country, and departing passengers have formally exited. These zones are usually found in international airports, but also exist at certain seaports and land crossings. Despite their exemption from local immigration and customs laws, international zones at ports of entry are fully under the jurisdiction of the country where they are located, and local laws apply.

While international zones are not fully subject to the border control policies of the host state, they are not "no man's land". Legal experts agree that a country has sovereignty over these zones, and they fall under the sovereignty of the country they are in. For example, a person requesting asylum in a transit zone of an international airport will be subject to the laws of that country.

Transit zones are for waiting passengers who have not crossed the border

Transit zones are not no man's land. They are part of the territory of the country in which the airport is located. While these zones are "blocked-off" and passengers have not effectively crossed the border, the state retains sovereignty over them. This means that normal border control policies, such as customs and immigration controls, do not apply, but the country's laws are still in force.

In the case of Spain, for example, the transit zones at Barajas International Airport are regularly patrolled by police, who monitor all passengers there. Similarly, in the US and Canada, all passengers arriving on international flights are subject to customs and immigration inspections.

Transit zones are designed for passengers waiting to board a connecting international flight. They are also used as holding areas for people being deported or denied entry, as well as for those requesting asylum.

International zones may have distinct visa policies from the rest of the surrounding state

International zones are areas that are not fully subject to the border control policies of the state in which they are located. They can include special economic zones, sterile zones at ports of entry, and concessions administered by foreign states.

International zones can maintain distinct visa policies from the rest of the surrounding state. For example, the Svalbard archipelago is a special territory of Norway that is entirely visa-free under the Svalbard Treaty. Similarly, simplified visa policies are in force for Iran's special economic zones of Kish and Qeshm islands, and for Iraqi Kurdistan.

The United Nations headquarters in New York City is another example of an international zone with distinct visa policies. As the United Nations requires delegates from all member states to be permitted to attend meetings, the United States has a C-2 visa that enables otherwise inadmissible foreign officials to enter, provided they remain within the vicinity of the UN headquarters.

In addition, some countries have reciprocal agreements that allow each other's citizens to travel between them without visas. For instance, citizens of European Union (EU) and EFTA member countries can travel to and stay in all other EU and EFTA countries without a visa.

Transit passengers can usually take connecting international flights without clearing customs

When travelling internationally with a connecting flight, transit passengers usually do not need to clear customs at the airport of their layover destination. This is because the transit zones of airports are considered to be under the sovereignty of the country in which they are located. However, there are exceptions to this rule, and different countries have different regulations regarding transit areas.

In most cases, if your bags are checked through to your final destination and you have your onward boarding pass, you will only need to go through transit security when you land at your connecting airport. This is similar to the security check before your departing flight, where you will need to empty your water bottle and put your laptop and phone through the X-ray machine. After completing this check, you will exit into the gate area with the other departing passengers. The lines for transit security are typically much shorter than for customs.

For example, if you are travelling from Chicago to Rome with a layover in Dublin, you will not need to clear customs in Dublin. Instead, you will follow the signs for "flight connections" and avoid baggage reclaim. Generally, you will only clear customs if you are leaving the airport and entering the country, not if you are heading to a connecting flight.

However, there may be exceptions to this rule, such as when you have a long layover and need to exit the airport, or when connecting to a domestic flight within the same country. For instance, if you are flying from Tokyo to Washington, D.C. with a stop in New York, you will need to clear customs and collect your bags in New York before continuing your journey.

It is important to note that different countries have different regulations regarding transit areas. While some airports, such as Miami International Airport, do not have designated transit areas, thousands of passengers still fly into the airport to board flights to other countries without clearing customs. Therefore, it is always a good idea to research the specific rules and regulations of your connecting airport to avoid any issues during your travel.

Some countries require transit passengers of certain nationalities to hold a direct airside transit visa

While airports are not "no man's land", some countries do require transit passengers of certain nationalities to hold a Direct Airside Transit Visa (DATV). This is the case even if they will not be deemed to have entered the country and will not pass through border control.

The DATV is required for those catching an onward flight on the same day and from the same airport at which they arrived. The visa lasts for up to 24 hours, meaning the onward flight must be within 24 hours of arrival. It typically costs £35, though this may vary depending on the country of application.

Nationals of the following countries are exempt from the DATV for the UK:

• People's Republic of China (if holding a passport issued by either the Hong Kong or Macao Special Administrative Regions)
• Taiwan (if holding a passport issued by Taiwan, including the identification card number issued by the Taiwanese competent authority)
• Holders of a (Temporary) Service or Diplomatic passport issued by the Holy See
• Nationals/citizens of Bahrain, Oman, Indonesia, Kuwait, Qatar, South Africa, Turkey, the UAE and Vietnam (if holding a diplomatic or special passport issued by their country)

Additionally, nationals of Bahrain, Oman, Kuwait, Qatar, the UAE, and Saudi Arabia can obtain an Electronic Visa Waiver (EVW) instead of a visa, though this will soon change, and an Electronic Travel Authorisation (ETA) will be required instead.

Those who are unsure whether they need a DATV can use the online tool at GOV.UK, which will ask for their nationality, reason for visiting the UK, and whether they will pass through border control.

Frequently asked questions