The relevance of delimitation debate in context of space tourism and space traffic management

Abstract

This study argues the relevance of the delimitation debate which has existed for over half a century. The study will show that a legally accepted boundary between air space and outer space would effectively close the existing gap within air and space law which has led to uncertain legal application over space activities. Technology changes in aircraft, spacecraft, combined with the growth of space activity, creates a sense of urgency to have the boundary issue resolved, a situation different from the early days of the space era when it was assumed that a boundary would be defined at a future indeterminate date. This study will examine the legal regime governing airspace and outer space and the growing pressures on questions of sovereignty resulting from the unknown delimitation line. To be followed by a background study of the delimitation debate, discussing the advantages and disadvantages of the approaches furnished in light of the emerging space technologies and space activities. The urgency to resolve the delimitation debate is put into context, by a discussion of the legal significance of the boundary issue in respect of problems arising in space activities and the regulation of space activities. The study will conclude by furnishing a preliminary proposal to resolve the delimitation debate.