Defining Outer Space and Airspace
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Questions and Answers

What is the primary concern in accepting a functional approach to state sovereignty over airspace?

Undermining the principle of state sovereignty as a whole

What is the prerogative of a state in establishing the legal regime of its airspace?

Subject to relevant norms of international law

What is the potential consequence of attempts to undermine state sovereignty over airspace?

Serious connotations

What is the basis of differentiating between the goals of a given mission in aerospace science and technology?

<p>Whether they are to reach outer space and Earth orbit or to just simply fly to another destination on Earth</p> Signup and view all the answers

What is the universally acclaimed principle of international law regarding state sovereignty?

<p>A state possesses full and complete sovereignty over its territory, comprising land, territorial waters, and the airspace over them</p> Signup and view all the answers

What is the implication of regarding state sovereignty over airspace as 'functional' or 'relative'?

<p>It may be used to undermine the concept of state sovereignty as a whole</p> Signup and view all the answers

What is the significance of recent advances in aerospace science and technology in the context of state sovereignty over airspace?

<p>They are putting into question the belief that it is possible to differentiate between the goals of a given mission</p> Signup and view all the answers

What is the concern of the authors regarding the acceptance of a functional approach to state sovereignty over airspace?

<p>It may lead to a erosion of state sovereignty over its territory</p> Signup and view all the answers

What is the relationship between state sovereignty over airspace and international law?

<p>The establishment of the legal regime of airspace is subject to relevant norms of international law</p> Signup and view all the answers

What is the implication of undermining state sovereignty over airspace for international law?

<p>It may lead to a erosion of the principle of state sovereignty as a whole</p> Signup and view all the answers

What is the primary reason for the difficulty in establishing a clear legal definition of outer space?

<p>The lack of a clear physical boundary between airspace and outer space, and the absence of easily discernible technical attributes to aid in establishing such a boundary</p> Signup and view all the answers

Why is the delimitation of outer space and airspace important for the consideration of other questions relating to outer space?

<p>Because the settlement of this issue is a precondition for the consideration of all other questions relating to outer space</p> Signup and view all the answers

What is the significance of the issue of delimitation in the context of international space law?

<p>The issue of delimitation is crucial in establishing a clear legal definition of outer space, which is important for regulating the activities of states in outer space</p> Signup and view all the answers

What is the argument against the necessity of delimitation, and why is it flawed?

<p>The argument that the existing system of international space law is sufficient to regulate the activities of states in outer space, and that the issue of delimitation is outdated and impractical; however, this argument is flawed because it overlooks the unresolved issues that arise from the lack of delimitation</p> Signup and view all the answers

What is the relationship between the delimitation of outer space and airspace, and the resolution of unresolved issues in international space law?

<p>The delimitation of outer space and airspace is essential for resolving the unresolved issues that arise from the lack of delimitation, and for understanding the legal attributes of outer space and airspace</p> Signup and view all the answers

What is the significance of examining the legal attributes of outer space and airspace in the context of delimitation?

<p>Examining the legal attributes of outer space and airspace is essential for understanding the issues that stand unresolved due to the lack of delimitation, and for resolving these issues through the establishment of a clear legal definition of outer space</p> Signup and view all the answers

What is the location of the Van Allen radiation belt?

<p>Geospace</p> Signup and view all the answers

What is the boundary between the planet's magnetosphere and the solar wind?

<p>Magnetopause</p> Signup and view all the answers

What is the term for the region of outer space near the Earth?

<p>Geospace</p> Signup and view all the answers

What is the study of the Sun and its impact on the Solar System planets?

<p>Heliophysics</p> Signup and view all the answers

What is the term for the region outside Earth's atmosphere and extending out to just beyond the Moon's orbit?

<p>Cislunar space</p> Signup and view all the answers

What is the term for the space around the Sun and planets of the Solar System?

<p>Interplanetary space</p> Signup and view all the answers

What is the term for the physical space within a galaxy not occupied by stars or their planetary systems?

<p>Interstellar space</p> Signup and view all the answers

What is the term for the physical space between galaxies?

<p>Intergalactic space</p> Signup and view all the answers

What is the term for the upper region of the atmosphere and the magnetosphere?

<p>Geospace</p> Signup and view all the answers

What is the primary reason for the lack of a clear demarcation between airspace and outer space?

<p>The lack of significant problems arising from this lacuna.</p> Signup and view all the answers

What is the term for the continuous stream of charged particles emanating from the Sun?

<p>Solar wind</p> Signup and view all the answers

What is the term used to describe the void that exists between celestial bodies, including the Earth?

<p>Outer space or simply space.</p> Signup and view all the answers

What is the estimated temperature of the background radiation in outer space?

<p>27 Kelvin (K)</p> Signup and view all the answers

What is the term used to describe the unknown form of matter that interacts with other matter through gravitational forces?

<p>Dark matter</p> Signup and view all the answers

What is the altitude above sea level that is conventionally used as the start of outer space in space treaties and records?

<p>10 km (62 mi)</p> Signup and view all the answers

What is the name of the treaty that established the framework for international space law?

<p>The Outer Space Treaty</p> Signup and view all the answers

What is the term used to describe the poorly understood energy that makes up most of the mass-energy in the observable Universe?

<p>Dark energy</p> Signup and view all the answers

What is the term used to describe the process of determining the boundary between airspace and outer space?

<p>Delimitation</p> Signup and view all the answers

What is the primary reason for the need to establish a boundary between airspace and outer space?

<p>The potential for future problems arising from the lack of a clear boundary.</p> Signup and view all the answers

What is the term used to describe the area between galaxies that accounts for most of the baryonic matter in outer space?

<p>Intergalactic space</p> Signup and view all the answers

What is the average density range of the intergalactic medium (IGM) in terms of the average density of the universe?

<p>5-20 times</p> Signup and view all the answers

How many nation states have ratified the Outer Space Treaty as of January 1, 2008?

<p>98</p> Signup and view all the answers

What is the term for the portion of the atmosphere controlled by a country above its territory?

<p>Airspace</p> Signup and view all the answers

What is the definition of outer space according to the Outer Space Treaty?

<p>Includes the Moon and other celestial bodies</p> Signup and view all the answers

How many countries met in Bogotá, Colombia in 1976 and made a claim to a portion of the geosynchronous orbital path?

<p>8</p> Signup and view all the answers

What is the term for an area of airspace where air traffic control has some form of positive executive control over aircraft flying in that airspace?

<p>Controlled airspace</p> Signup and view all the answers

What is the international law definition of a country's sovereign airspace in terms of nautical miles from a nation's coastline?

<p>12 nautical miles (22.2 km)</p> Signup and view all the answers

How many additional space law treaties have been negotiated and drafted by the UN's Committee on the Peaceful Uses of Outer Space?

<p>Four</p> Signup and view all the answers

What is the term for the general term for Earth's atmosphere and the outer space in its vicinity?

<p>Aerospace</p> Signup and view all the answers

What is the purpose of air traffic control in controlled airspace?

<p>To exert executive authority over aircraft flying in that airspace</p> Signup and view all the answers

How is the delimitation of outer space and airspace significant in terms of national sovereignty and security?

<p>The delimitation of outer space and airspace is significant in terms of national sovereignty and security because it implicates the sovereign rights of nations and has implications for national security.</p> Signup and view all the answers

What is the key difference between the legal status of airspace and that of outer space?

<p>The key difference is that states possess exclusive jurisdiction over airspace, while outer space cannot be subject to national appropriation or sovereignty.</p> Signup and view all the answers

Why is it difficult to establish a clear legal definition of outer space?

<p>It is difficult to establish a clear legal definition of outer space because of the lack of international agreement on the vertical extent of sovereign airspace.</p> Signup and view all the answers

What is the significance of the Kármán line in demarcating outer space from airspace?

<p>The Kármán line is a working benchmark that demarcates outer space from airspace at an altitude of 100 km, but it has no real legal authority.</p> Signup and view all the answers

How does the United States define an astronaut in relation to the exploration of outer space?

<p>The United States considers anyone who has flown above 80 km to be an astronaut.</p> Signup and view all the answers

What is the significance of the Outer Space Treaty of 1967 in relation to national sovereignty over outer space?

<p>The Outer Space Treaty of 1967 establishes that outer space cannot be subjected to national appropriation, occupation, or use.</p> Signup and view all the answers

What is the implication of regarding state sovereignty over airspace as 'functional' or 'relative'?

<p>(NOT ASKED)</p> Signup and view all the answers

What are the implications of the delimitation of outer space and airspace for international law?

<p>The delimitation of outer space and airspace has significant implications for international law, particularly in terms of national sovereignty and security.</p> Signup and view all the answers

How does the delimitation of outer space and airspace affect the concept of national sovereignty?

<p>The delimitation of outer space and airspace affects the concept of national sovereignty by impacting the extent of national jurisdiction and control.</p> Signup and view all the answers

What are the potential consequences of not establishing a clear delimitation of outer space and airspace?

<p>The potential consequences of not establishing a clear delimitation of outer space and airspace include unresolved issues in international space law and implications for national sovereignty and security.</p> Signup and view all the answers

What is the altitude above sea level that the International Aviation Federation considers a space flight to begin?

<p>more than 100 km</p> Signup and view all the answers

What is the lowest altitude considered practical for launching satellites?

<p>110 km</p> Signup and view all the answers

What is the purpose of the 'intermediate' zone proposed by L. Nonchich?

<p>to have a special legal regime</p> Signup and view all the answers

What was the USSR's 1979 proposal for delimitation of outer space?

<p>outer space begins above 100/110 km, with negotiations for a fixed boundary</p> Signup and view all the answers

What is the significance of the Soviet delegation's 1983 working paper?

<p>it clarified the 1979 delimitation proposal and allowed for spacecraft to 'splash-down' in the world's oceans</p> Signup and view all the answers

What is the principle behind the rescue of astronauts in outer space as stated in the Outer Space Treaty and the 1968 Agreement on the Rescue of Astronauts?

<p>Astronauts are regarded as envoys of mankind into outer space and states must render them all possible assistance in the event of an accident.</p> Signup and view all the answers

What is the core idea of the 'functional' approach to delimitation?

<p>outer space is indivisible and subject to two international legal regimes</p> Signup and view all the answers

What is the argument against establishing a clear-cut boundary between airspace and outer space?

<p>it has had no noticeable adverse effect on outer space activities of states</p> Signup and view all the answers

What are the two broad categories of concepts used to develop a legal definition and delimitation of outer space?

<p>Spatial concepts and functional concepts.</p> Signup and view all the answers

What is the basis of the orbital approach to delimiting outer space, as proposed by Uruguayan lawyers A.B.Araucho in 1958?

<p>The lowest altitude that an artificial Earth satellite can effectively execute a full round orbit around the planet.</p> Signup and view all the answers

What is the significance of the UN General Assembly Resolution 2222 (XXI)?

<p>it instructed the UN COPUOS to deliberate on the issue of delimitation</p> Signup and view all the answers

What is the primary challenge in establishing a clear legal definition of outer space?

<p>The differences in the legal regimes of airspace and outer space.</p> Signup and view all the answers

What is the core concern of the Soviet proposal's third element?

<p>space objects launched by one state enjoying the right to fly over another state's territory</p> Signup and view all the answers

What is the primary challenge in establishing a clear legal definition of outer space?

<p>the lack of a clear demarcation between airspace and outer space</p> Signup and view all the answers

What is the main concern related to the 'effective sovereignty' of states in the context of airspace and outer space?

<p>The principle of sovereign equality of states is violated due to differing technological advancements.</p> Signup and view all the answers

What is the significance of the jurisdictional line approach to delimiting outer space, as proposed by Theodore von Karman and A.Hailey?

<p>It sets the height limit of a state's jurisdiction at an altitude of approximately 83 km over sea level.</p> Signup and view all the answers

What is the implication of regarding state sovereignty over airspace as 'functional' or 'relative'?

<p>It limits the possibility of a state to exercise its sovereignty over its territory.</p> Signup and view all the answers

What is the primary reason for the difficulty in establishing a clear boundary between airspace and outer space?

<p>The ever-rising level of flight altitude of the latest aircraft.</p> Signup and view all the answers

What is the significance of international negotiations in establishing a boundary between airspace and outer space?

<p>It provides a political solution to the issue of delimitation, allowing for international cooperation and agreement.</p> Signup and view all the answers

What is the relationship between the delimitation of outer space and the resolution of unresolved issues in international space law?

<p>The delimitation of outer space is crucial for addressing unresolved issues in international space law.</p> Signup and view all the answers

What legal implications arise from the absence of a clear boundary between airspace and outer space, and how do these implications affect national sovereignty?

<p>The absence of a clear boundary undermines national sovereignty as it creates uncertainty in the exercise of jurisdiction, leading to practical problems and potential threats to international peace and security.</p> Signup and view all the answers

How do the legal regimes of outer space and airspace differ in terms of their territorial scope and use?

<p>Outer space is indivisible and in common use, whereas airspace is divided into national and international parts.</p> Signup and view all the answers

What obligation do states have regarding the exploration and utilization of outer space, and how does this differ from their obligations regarding airspace?

<p>States have an obligation to explore and utilize outer space for the benefit of all countries, whereas they have no such obligation for airspace.</p> Signup and view all the answers

What is the difference in liability between states for damages caused by aircraft in airspace and by space objects in outer space?

<p>States are liable for damages caused by space objects in outer space, but not for damages caused by aircraft in airspace, unless registered to non-state entities.</p> Signup and view all the answers

What are the implications of the lack of delimitation on the liability of launching states for damages caused by their space objects?

<p>The lack of delimitation leads to ambiguity concerning the limits of liability of a launching state and whether its liability must be deemed absolute or fault-based.</p> Signup and view all the answers

What is the fundamental principle of international law that is being questioned by the idea of 'functional' or 'relative' state sovereignty over airspace?

<p>The principle that a state possesses full and complete sovereignty over its territory, comprising land, territorial waters, and the airspace over them.</p> Signup and view all the answers

What is the significance of the recent advances in aerospace science and technology in the context of state sovereignty over airspace?

<p>They have made it possible to question the traditional concept of state sovereignty over airspace, and have led to the development of aero....</p> Signup and view all the answers

What is the role of the Secretary General of the United Nations in maintaining a registry of objects launched into outer space, and how does this differ from the registration of aircraft?

<p>The Secretary General is responsible for maintaining an international registry of objects launched into outer space, whereas no such provision exists for aircraft.</p> Signup and view all the answers

What is the principle difference between remote sensing of the Earth from outer space and remote sensing from airspace?

<p>Remote sensing from outer space does not require permission from a state, whereas remote sensing from airspace is subject to international agreement between the interested parties.</p> Signup and view all the answers

What is the potential consequence of undermining state sovereignty over airspace, according to the authors?

<p>It may be used to undermine the concept of state sovereignty as a whole.</p> Signup and view all the answers

What is the significance of the Outer Space Treaty's provisions regarding the prohibition of nuclear weapons and weapons of mass destruction in outer space?

<p>The treaty prohibits the display of nuclear weapons and weapons of mass destruction in outer space, whereas no such limitation exists for airspace.</p> Signup and view all the answers

What is the core issue with the functional concept of state sovereignty over airspace, according to the authors?

<p>It is not possible to differentiate between the goals of a given mission, whether they are to reach outer space and Earth orbit or to just simply fly to another destination on Earth.</p> Signup and view all the answers

What is the relationship between the establishment of the legal regime of airspace and international law, according to the authors?

<p>The establishment of the legal regime of airspace is the prerogative of the state, subject to relevant norms of international law.</p> Signup and view all the answers

How do the legal regimes of outer space and airspace differ in terms of the responsibility of states for national activities?

<p>States are internationally responsible for national activities in outer space, whether or not carried out by state or non-state actors, whereas they are not liable for damages caused by aircraft registered to non-state entities.</p> Signup and view all the answers

What is the significance of the distinction between the exploration and utilization of outer space and airspace in terms of international law?

<p>The distinction is significant because it reflects the different legal regimes and principles that apply to each, including the principles of national sovereignty and the common province of mankind.</p> Signup and view all the answers

What is the concern of the authors regarding the acceptance of a functional approach to state sovereignty over airspace?

<p>It may lead to the undermining of state sovereignty over airspace, which could have serious consequences for international law as a whole.</p> Signup and view all the answers

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