LIMITATIONS IN THE AIRSPACE SOVEREIGNTY OF STATES IN CONNECTION WITH SPACE ACTIVITY
The launch of the Soviet Sputnik in 1957 resulted in the emergence of two legal concepts concerning spacefl ight. The first of them concerned harmless passage through airspace subjected to the sovereignty of states, the second - recognition that at the height of the trajectory of a passage, space is...
Main Author: | |
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Format: | Article |
Language: | English |
Published: |
Wydawnictwo Akademii Sztuki Wojennej
2018-09-01
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Series: | Security and Defence Quarterly |
Subjects: | |
Online Access: | http://www.journalssystem.com/sdq/LIMITATIONS-IN-THE-AIRSPACE-SOVEREIGNTY-nOF-STATES-IN-CONNECTION-WITH-SPACE-ACTIVITY,103329,0,2.html |
Summary: | The launch of the Soviet Sputnik in 1957 resulted in the emergence of two legal concepts
concerning spacefl ight. The first of them concerned harmless passage through airspace
subjected to the sovereignty of states, the second - recognition that at the height of the
trajectory of a passage, space is no longer subject to the sovereignty of states (res omnium
communis). In both cases, we are dealing with limiting the sovereignty of states. These issues
have not been resolved to this day. The practice of spacefl ight has confirmed the freedom of
spaceflight, although it has not resolved the issue of the upper limit of airspace. It is worth
emphasising, however, that the decisive factor for the development of space law was the
customary law that arose in 1957, because states did not protest and tacitly accepted the
principle of a harmless flight. |
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ISSN: | 2300-8741 2544-994X |