The Sources Of The Problem Of Delimitation And A Proposed Solution Presented by: Mr. Horváth Date: 13 June 2024 Where Is Outer Space? - Overview of AI regulation as a global concern. - A statute or treaty is effective only if the territory where it needs to be applied is clear. This territory is not defined in the case of space law. - While we commonly understand where outer space is, it is just an abstract construct in our minds, not a legal definition. - There needs to be a three-dimensional inner and outer limit for outer space to: • Define where the territorial effect of air law ends • Define where the territorial effect of space law starts • Define where the human jurisdiction ends Theories For Delimitation - Arbitrarily selected value • - The limit is [number], because the treaty says so Value based on an arbitrarily selected natural phenomenon • The limit is 90 km, because this is where the centrifugal force at orbital velocity exceeds aerodynamic lift, and we use this definition because the treaty says so - Functionalist approach • Space is where we do space operations, and space operations are operations that the treaty define as space operations Case #1: Arbitrarily selected value - Often used in national legislations (with disclaimers for international applicability) - Can be any number the legislator sees as appropriate for their purposes - Can lead to disputes in international relations (conflicting numbers) - Examples: • Belarus: 20,1 km (practical reasons based on limitations of air policing) • Recommendation of the Soviet Union for international legislation in 1979: 100 or 110 km (even the recommendation is unclear) • US: 50 km when going up (FAA), 121 km when coming down (NASA) Case #2: Natural phenomena - Often recommended for international application, but also used in national legislation - Can be based on aerodynamics, orbital mechanics, gravity - Challengeable because no natural phenomena is stronger than the others - Examples: • Kármán line: often described as 100 km, actually somewhere around 85- 90 km and fluctuating, it is not the end of aerodynamics • Lowest possible orbit: often described as 120-150 km, depends on eccentricity and ballistic coefficient • Bogotá declaration: sections of the geostationary orbit lying over sovereign nations are national territories Case #3: Functionalist approach - Practically "space is where spaceflight is done" - Space operations are also not defined in the space treaties - Flight on Keplerian orbits is usually understood as spaceflight - Suborbital flights are more problematic • Suborbital flights are more problematic • If suborbital flights are not spaceflight, do fractional orbits count? • If suborbital spaceflights are spaceflight, what about nuclear warheads on ICBMS? • If ICBM flights are not spaceflight, then they are aerial flights, so diplomatic permissions are necessary to overfly sovereign territories... Proposed Solution: The Protozone - Since most of the problems (not all!) with delimitation come from operations in the higher atmosphere (stratosphere, mesosphere, lower thermosphere) between 25-30 km and 200-250 km, it is recommended to designate this volume as a special zone with its own rules. - This could solve the problems of many emerging technologies (High Altitude Platform Stations, hypersonic flights, boost-glide flights, propulsion- supported satellites). - Would not solve the problem of suborbital flights on its own but would enable an agreement on what spaceflight is: unsupported Keplerian orbital flights and suborbital flights reaching over the protozoan.