The freedom of the air and airspace sovereignty are two main doctrines in international aviation activities when human beings entered into aviation era. The former is freedoms of the air which is categorized into the International Customary Law. Whether the contracting parties of International Civil Aviation Organization (ICAO) have the right to freedoms of the air or not, but the usual practice is under the customary law, it is legally nonbinding in practice. The latter is based on the concept of private land ownership, and it means a country's sovereignty should include territory and airspace over the territory. Therefore, the International Civil Aviation Convention establish itself firmly in law, and ICAO passes the Right of Innocent Passage. This study discusses the evolution of airspace sovereignty from the "International Civil Aviation Convention" within traditional international law and clarifies if it has the same position of gerichtesfreier hoheitsakt as the International Civil Aviation Convention.