REMAT Session 6 Emerging Modes of Aerospace Transportation and the Delimitation between Airspace and Outer Space: A Chinese Perspective Dr. Jinyuan Su

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 Convention Aircraft 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”.

The Delimitation 96 km 21 km

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 China Space 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

Aerospace Objects and Delimitation The COPUOS Questionnaire The applicable law of aerospace objects The applicable law of aerospace objects through foreign airspace

Aerospace Objects and Delimitation The COPUOS Questionnaire China: “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 Questionnaire China 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 Questionnaire The 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 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”?

Aerospace Objects and Delimitation China PPWT: 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 tolerance It 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 body ICAO COPUOS An intermediary group