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