The need for air space and outer space demarcation

This paper argues the need now to consider defining a vertical or spatial boundary between air space and outer space, which in turn effectively means defining the extent of air law and space law. Technology changes in aircraft, spacecraft, positioning systems and remote sensing, combined with the growth in the number of spacefaring nations, make the situation different from the early days of the space era when it was assumed that a boundary would be defined at a future indeterminate date. This article describes the background to the debates and the growing pressures of the questions of sovereignty concerning air and space law, and argues the case for a vertical or spatial boundary rather than a functional one.