Chapter

The Legal Regime of Airspace and Outer Space: the Boundary Problem Functionalism versus Spatialism: the Major Premises

Bin Cheng

in Studies in International Space Law

Published in print December 1997 | ISBN: 9780198257301
Published online March 2012 | e-ISBN: 9780191681745 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198257301.003.0014
The Legal Regime of Airspace and Outer Space: the Boundary Problem Functionalism versus Spatialism: the Major Premises

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This chapter goes back to the very fundamentals of international law in the hope that this will enable us to understand better the major premises of both spatialism and functionalism, and thus to see the problem of a boundary between airspace and outer space in a clearer perspective. If it is remembered that the geographical or cosmographical scope of international law is unlimited, it will then become apparent that the question of a limit between outer space and territorial space, even at the threshold of the space age, would be governed already by the lex lata, however vague and uncertain this may be. This point does not appear, however, to be always fully realized.

Keywords: airspace; outer space; international law; spatialism; functionalism; lex lata

Chapter.  14694 words.  Illustrated.

Subjects: Public International Law

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