If by the law of Nature every man hath not a power to punish offences against [the state], as he soberly judges the case to require, I see not how the magistrates of any community can punish an alien of another country.
Gist of Idea
It is only by a law of Nature that we can justify punishing foreigners
John Locke (Second Treatise of Government , 009)
This is a nice point. You can't expect to be above the law in a foreign country, but you have entered into no social contract, unless visiting a place is a sort of contract. Intrusions into air space are often accidental visits.
Locke,John: 'Two Treatises of Government' [Everyman 1988], p.121