Defining the Limits of Outer Space for Regulatory Purposes by Olavo de Oliviera Bittencourt Neto

By Olavo de Oliviera Bittencourt Neto

With various nations ascribing to assorted theories of air house and outer area legislation, Dr. Bittencourt Neto proposes during this short a reassessment of the foreign legislations on the topic of the extension of country territories vertically. bearing in mind the mammoth variety of proposals provided through students and diplomatic delegations in this material, in addition to the rules of comparative legislations, a compromise to permit for peaceable improvement is the one manner ahead. the writer argues for environment the delimitation of the frontier among air house and outer area at a hundred km above suggest sea point via a global treaty. this could additionally keep an eye on passage rights for house items in the course of launchings and reentries, so long as these area actions are peaceable, performed based on overseas legislations and respecting the sovereign pursuits of the territorial kingdom. carrying on with growth of the economic house and conflicting nationwide legislation require a good and reasonable felony framework top adjudicated via the United countries, rather than permitting a patchwork procedure to persist. the correct framework for constructing such legislation is punctiliously mentioned from all angles with a realistic advice for policy-makers within the field.

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These discussions involved not only legal experts, but also scientists and diplomats. Arguments based on astrophysics and legal science were proposed in order to provide parameters between the upper atmosphere and space that were capable of surviving criticism. But the debate still remains. Due to the lack of uniformity on the proposals of delimitation, another position exists that claims it is useless to provide a boundary between air space and outer space. This approach gained enough momentum to uphold the approval of alternatives before the UNCOPUOS.

98 93 Bin Cheng. Studies on International Space Law. Oxford, England: Clarendon Pr, 1998. p. 127. “The Legal Sub-Committee failed to break the deadlock which had frustrated its work but reported some progress. ” C. Wilfred Jenks. Space Law. New York, USA: Frederick A. Praeger, 1965. p. 63. 2011. ” 97 Later it was signed the Comprehensive Nuclear Test Ban Treaty, on September 10th, 1996, in New York, USA. Francys Lyall e Paul B. Laursen. Space Law: a Treatise. Farnham, England: Ashgate, 2009. p.

P. 19. ” 69 José da Silva Pacheco. Comentários ao Código Brasileiro de Aeronáutico. 4. ed. Rio de Janeiro, Brazil: Forense, 2006. p. 39. 70 Created at the Berlin Conference of 1906. 71 ITU Constitution, Atlantic City, 1947. 72 Colin D. Long. Telecommunications Law and Practice. 2. ed.. London, England: Sweet & Maxwell, 1995. p. 206/210. 20 2 Air Space and Outer Space Indeed, David I. Fischer proposes that “freedom of broadcasting” has achieved customary status throughout the years: “the early theories that radio waves would be subjected to the same principle of sovereignty as aircraft in national air space were not sustainable in the long run, as evidenced by the fact that states have never claimed sovereignty over radio waves.

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