What is the legal term for the right to fly over a foreign country without landing?

The legal term for the right to fly over a foreign country without landing is referred to as the "right of air navigation." This concept recognizes that aircraft must have the ability to traverse international borders and fly through the airspace of other nations as a fundamental aspect of international aviation law. The right of air navigation is typically established through treaties and agreements between countries, which outline the conditions under which foreign aircraft can operate in their airspace.

In contrast, the right of free passage usually pertains to maritime law, addressing the ability of ships to navigate in international waters. The right of innocent passage is often tied to ships navigating through territorial waters, ensuring that they can traverse those waters under specific conditions without being impeded, but this does not apply to aerial navigation. Meanwhile, the right of emergency landing refers to the ability of an aircraft to land in a foreign country in case of an emergency, which is a separate legal concept.

Understanding the distinction between these terms clarifies why the right of air navigation is the correct legal concept concerning flying over foreign airspace without the intention to land.