emerging modes of aerospace transportation and the delimitation between airspace and outer space: a...
TRANSCRIPT
Emerging Modes of Aerospace Transportation and the Delimitation between
Airspace and Outer Space: A Chinese Perspective
Dr. Jinyuan Su
REMAT Session 6
Airspace and Outer Space Regimes
Outer space: free for exploration and use Airspace: complete and exclusive
sovereignty
The Delimitation
International law Outer space law Air law
The Delimitation
Annexes, The Chicago ConventionAircraft as “comprising any machine that
can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the Earth’s surface”.
21 km
96 km
The Delimitation
The Delimitation
Domestic Law 2002 Amendment to Australian Space
Activities Act 1998: 100 km Belarus: 20,100 meters Serbia: 2 million km
The Delimitation
China Civil Aviation Law of the PRC The Registration Measures The Permits Measures
The Delimitation
The Registration Measures of ChinaSpace objects: artificial satellites, crewed
spacecraft, space explorers, space stations, the launching vehicles and parts thereof, and other man-made objects launched into outer space.
Not space objects: sounding rockets and ballistic missiles that temporarily cross outer space.
The Delimitation
The spatialist approach The functionalist approach China
Aerospace Objects and Delimitation
The long-lasting lack of a clear boundary between airspace and outer space
The challenge of emerging modes of aerospace transportation
The COPUOS QuestionnaireThe applicable law of aerospace objectsThe applicable law of aerospace objects
through foreign airspace
Aerospace Objects and Delimitation
The COPUOS QuestionnaireChina: “We welcome that the Subcommittee
further review the definition and delimitation of outer space, taking into account all issues involved with sub-orbit, flights and aerospace flights.”
Aerospace Objects and Delimitation
The COPUOS QuestionnaireChina does not have aerospace transportation
systems in shape. Aerospace objects launched from and
returning to America and Europe do not seem to have cut through its airspace due to the long distance.
Aerospace Objects and Delimitation
The COPUOS QuestionnaireThe policy on emerging modes of aerospace
transportation may incur implications on other issues regarding air law or space law.
Aerospace Objects and Delimitation
The applicable law of aerospace objects Functionalists Spatialists
Aerospace Objects and Delimitation
The applicable law of aerospace objects through foreign airspace
Functionalists Spatialists China
Aerospace Objects and Delimitation
Aerospace Objects and Delimitation
ICAO: “…current commercial activities envisage sub-orbital flights departing from and landing at the same place, which may not entail the crossing of foreign airspaces”
Aerospace Objects and Delimitation
Aerospace Objects and Delimitation
What is the scope of “airspace”?
ChinaPPWT: outer space as “the space above
the Earth in excess of 100 km above sea level”.
The passage of foreign aerospace objects through 21-96 km zone.
Aerospace Objects and Delimitation
Reasons of toleranceIt is not safe to claim sovereignty over it. The traverse of aerospace objects does not lead to
interference in the zone, because human activities therein are still scarce.
Aerospace objects are merely for the purpose of transportation and does not incur significant perceptible disadvantage upon the subjacent State.
Aerospace Objects and Delimitation
Regulating bodyICAOCOPUOSAn intermediary group
Aerospace Objects and Delimitation