Sovereignty beyond Borders: Unraveling the Enigma of Airspace and Outer Space Interplay
Raoul Cardellini Leipertz
Abstract
This paper examines the complex issue of delimitation and sovereignty in airspace and outer space, tracing the evolution of these concepts from ancient jurisprudence to contemporary international law. The study delves into the origins of air sovereignty, emphasizing the legal maxim "Cuius est solum eius usque ad coelum et ad inferos" and the subsequent development of aviation law, including the pivotal Convention on International Civil Aviation. It further explores the nascent field of space law, highlighting the Outer Space Treaty and its designation of outer space as res communis humanitatis. The paper analyzes various attempts to delineate a boundary between airspace and outer space, contrasting the spatialist, functionalist, and "wait-and-see" approaches. It evaluates the pros and cons of establishing a clear demarcation, considering technological advancements and geopolitical tensions. Potential solutions are proposed, including drawing analogies from the Law of the Sea and enhancing the role of international organizations such as ICAO. The paper underscores the urgency of resolving these issues to ensure normative certainty and address the growing congestion in the skies.