TL;DR: The Handbook of Space Law as mentioned in this paper addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective, addressing the dichotomy between the state-oriented character of international space law and the increasing commercialization and privatization of space activities.
Abstract: The Handbook of Space Law addresses the legal and regulatory aspects of activities in outer space and major space applications from a comprehensive and structured perspective. It fundamentally addresses the dichotomy between the state-oriented character of international space law and the increasing commercialization and privatization of space activities. The book focuses on international space law in the broadest sense of the word, not only including the UN-based space treaties and international customary (space) law, but also the many specialized regimes such as applicable to the international satellite organizations, the International Space Station, the international trade and the security-sensitive aspects of space technology exports, the financing of space ventures and environmental concerns. The novelty of this holistic approach to space law notably includes the profound and ever increasing commercialization of space activities and the attendant involvement of the private sector in such activities. This authoritative book thus presents a unique standard work of reference for anyone interested in studying or researching the legal and regulatory aspects of space activities and their major applications in depth. Offering the most comprehensive and holistic analysis on legal and regulatory aspects of space activities and major space applications to date this Handbook will be of particular interest to students at higher education of space law or more generally public international law; researchers (including JSD and PhD students) of space law; practitioners in major sectors of space activities or applications interested in the legal framework and aspects.
TL;DR: In this paper, the authors explore the ways in which human relations with space-based media apparatus reinforce new approaches to the general condition of human "mediatic" condition in outer space, by extending Michel Foucault's concept of biopolitics into outer space.
Abstract: Media technologies are steadily populating outer space – satellites and their debris clutter earth’s orbital regions, robotic rovers are surveying Mars, exploratory probes are appraising moons, planets and asteroids in our solar system and further still. Drawing together a range of these earth-born human-made devices, this paper reframes them as an object of critical inquiry into the human ‘mediatic’ condition. These technologies occupy outer space as extraterrestrial footprints of global capitalism, and they provide the vital infrastructure for its ‘high-tech’ pursuit of power, knowledge and wealth. Yet, their presence in space exerts its own material and social effects, unsettling strategic attempts to control the productive ambits of life, thus complicating what is at stake in the purview of biopolitical governance. Extending Michel Foucault’s concept of biopolitics into outer space, this paper explores the ways in which human relations with space-based media apparatus reinforce new approaches to the g...
TL;DR: The International Code of Conduct for Outer Space Activities (ICOOCA) as discussed by the authors is an international code of conduct for outer space activities, which aims to establish voluntary "rules of the road" for the increasingly important space domain, intended for peaceful use and accessible to all nations.
Abstract: Space security has become an increasingly important issue, with the international community witnessing a number of debris-generating events in low earth orbit. More actors in space, as exciting as it is, translate into more potential threats. In 2010 the European Union put forward a draft proposal for the International Code of Conduct for Outer space Activities. It aims to establish voluntary “rules of the road\" for the increasingly important space domain, which is intended for peaceful use and accessible to all nations. Space systems and activities are vital to national and international security and underpin daily activities necessary for our economies to function. These essential services are threatened by the growth of orbital debris, crowding in critical orbits and the radiofrequency spectrum, and lack of agreement about the elements of responsible behavior in space. This paper will examine a rationale behind adopting a code of conduct as well as it will analyze elements a code of conduct should have in order to be effective. SPACE ACTIVITIES – WHERE ARE WE NOW? For a long time it has been assumed that only the reach and developed countries such as the United States, Soviet Union/Russia, and to some extent Europe could have access to space and benefit from it. However, in the recent years space activities have rapidly increased with government and private space operators having assets in space. Today, not only the developed world is participating in space activates. There are nine launching states and more than fifty countries and international organizations own or operate satellites of various sizes. In addition private companies, universities, and institutions own and launch small/cube/nano satellites, which to a certain respect makes them space actors as well. Space programs and other related technologies are now becoming part of national strategies and policies of many emerging space states, which strive to strengthen their international status, security, and economic benefits. Currently it is estimated that there are about 994 operational satellites in orbit, 21 000 objects larger than 10cm (40% are satellites that are no longer operational and 55% are fragments of other objects). More than that, there are around 45000 objects between 1-10cm and estimated several million of pieces below 1cm. Space environment is very fragile and since more actors are using space for an increasing variety of socioeconomic, security, and commercial benefits, space environment is becoming more crowded. Many of the activities utilize similar regions of Earth orbit, leading to potential problems such us signal interference or potential collisions. Unsafe or irresponsible actions by one actor can have long-term consequences for all. It is becoming more event that some sort of rules of the road need to be developed by the international community in order to keep the space environment safe and sustainable not to prevent beneficial use of space, but rather to ensure that it is done in such a way as to preserve the utility of Earth orbit for the long term. Fostering international cooperation, strengthening stability, and promoting responsible actions to help prevent mishaps, misperceptions, and mistrust are all key elements of space sustainability. However, the growing importance of establishing some sort of best practices in space differs from the perception of the general public when it comes to the importance of space in today’s society. After the launch of Sputnik, the ISS, Moon landings, various human and robotic space missions relatively few people are aware of the benefits of space technology today. During the Cold War space was somewhat a “hot topic” with glamorous achievements of putting the first satellite and a first man in space, landing on the Moon, preventing Star Wars, etc. The space sector of today has a different focus more on science and technology which has greatly enhanced human life but which hasn’t produced much of news worthy excitement. Although space benefits are very much integrated into our daily life, most people do not give it a second
TL;DR: The moral philosophy of space travel has been reviewed by Jai Galliott as discussed by the authors, who argues that space travel will save the world: an anthropocentric view of sustainability, Elizabeth Kanon Who is afraid of 'the dark'? Familiarising the unknown, Zumre Gizem YA+-lmaz.
Abstract: Contents: Introduction, Jai Galliott. Part I Space Exploration: Concepts and Justifications: The moral philosophy of space travel: a historical review, Nicholas Campion The permissibility of first contact, Brent Franklin How space travel will save the world: an anthropocentric view of sustainability, Elizabeth Kanon Who is afraid of 'the dark'? Familiarising the unknown, Zumre Gizem YA+-lmaz. Part II Public Meets Private: An Emerging Space Enterprise: Space exploration: an alliance between public and private, Jacques Arnould Heaven can't wait: a critique of current planetary defence policy, Joel Marks Advertising in space: sales at the outer limits, Zeldine O'Brien Space tourism: risks and solutions, Angie Bukley, Robert Frize and Veronica La Regina. Part III Asteroid Mining and the Space Environment: Asteroid mining, integrity and containment, Tony Milligan Three ethical perspectives on asteroid mining, Daniel Pilchman Exploring the heavens and the heritage of mankind, Robert Seddon Terraforming, vandalism and virtue ethics, Robert Sparrow. Part IV Space Weapons: Seizing the high ground? The dubious utility of space weapons, Armin Krishnan Militarising space: weapons in orbit, Matthew Beard Artificial intelligence and space robotics: questions of responsibility, Jai Galliott. Part V Bioethics for Outer Space: Space medicine: the bioethical and legal implications for commercial human spaceflight, Sara Langston Enhancing astronauts: the ethical, legal and social implications, Keith Abney and Patrick Lin Vulnerable cargo: the sacrifice of animal astronauts, Jane Johnson. Part VI Responsibility, Governance and Other Concerns: The independent entrepreneur and the terraforming of Mars, Chris Pak A place in space: marking emptiness, Meera Baindur Outsourcing space, Christopher Ketcham and Jai Galliott Forty hectares and an MU: towards a colonisation ethic, Christopher Ketcham. Index.
TL;DR: How Outer Space Made America presents in its title alone the bold claim at the heart of Sage's book: to explain over 60 years of Space exploration from an entirely new perspective.
Abstract: How Outer Space Made America presents in its title alone the bold claim at the heart of Sage's book: to explain over 60 years of Space exploration from an entirely new perspective. The book covers ...
TL;DR: In this paper, the authors present a legal and regulatory framework for non-state parties to the 1967 Outer Space Treaty (OST) for the exploration of the Moon and other celestial bodies.
Abstract: Due to the policies and investments made by spacefaring nations and international space agencies over the last five decades, non-State Parties are now developing significant capabilities in space exploration and use. This is essential if there is to be the development of a true space economy. To ensure that these capabilities can lead to an economy that is both beneficial and sustainable, legal and regulatory regimes associated with the use of other planetary environments must anticipate them, and the roles that can be played by non-State Parties in the future development of space. While non-State Parties launching from a State signatory to the 1967 Outer Space Treaty (OST) are subject to the Treaty’s articles, there are many shortcomings of the OST with respect to future space development. For example, it is clear that different launching venues could differ greatly in their implementation and enforcement of the Treaty provisions, inviting abuses of those provisions if a State’s enforcement is ineffective. The possible short-term economic advantages of a “soft” interpretation of OST provisions may lead to conflicting uses of outer space resources, while a blind eye to the potential for “harmful contamination” of other planetary environments or the Earth could destroy the benefits of space exploration. It is thus timely to consider steps by which it would be possible to clarify and complement the OST’s legal regime for the exploration of the Moon and other celestial bodies. There appear to be several approaches for extending the provisions of the OST and developing an international framework to accomplish these goals while providing for both protection and use of outer space as part of a future era of exploration, commercialization, and human habitation.
TL;DR: In this paper, the content of a manifesto, 2 proposed constitutions, and proposed US legislation for habitation and exploitation off Earth are presented and examined from a generic constitutionalist perspective, within a proposed framework for space governance based on the US model.
Abstract: Activities, habitats and settlements in space will inevitably be subject to human governance. The content of a manifesto, 2 proposed constitutions, and proposed US legislation for habitation and exploitation off Earth are presented and examined from a generic constitutionalist perspective, within a proposed framework for space governance based on the US model. This concerns the locus of authority, involves the rights and responsibilities of the general populace and the structure of government, with particular reference to the concepts of countervailance, of sovereignty and of jurisdiction, considered with reference to the peculiar characteristics of the spatial environment. The analysis leads, among other conclusions, to several possible solutions for establishing autonomous sovereign states in space with respect to international law, and shows the persistence of Earth based values and ideologies.
TL;DR: The definition of space, time, and mind are three murkily-defined terms as discussed by the authors, and they are used to define space as outer space, the space of heavenly bodies, star ships, and satellites.
Abstract: Space, time, and mind are three murkily-defined terms. Many people are accustomed to thinking of space as outer space, the space of heavenly bodies, star ships, and satellites. The definition of mi...
TL;DR: In this article, the authors propose three main issue areas to investigate to find solutions to some of the perceived tensions prevalent in space governance: (1) Who are the non traditional partners, who is speaking for them and what are their actual issues if any? (2) The Potential of Space for “Non Traditional Partners” and others.
TL;DR: In this paper, the authors examined the political and technical aspects of placing a flag on the Moon, focusing on the first Moon landing. But the United Nations Treaty on Outer Space precluded any territorial claim, and there were domestic and international debates over the appropriateness of the event.
Abstract: The flag on the Moon represents an important event in vexillological history. This paper examines the political and technical aspects of placing a flag on the Moon, focusing on the first Moon landing. During their historic extravehicular activity, the Apollo 11 crew planted the flag of the United States on the lunar surface. This flag-raising was strictly a symbolic activity, as the United Nations Treaty on Outer Space precluded any territorial claim. Nevertheless, there were domestic and international debates over the appropriateness of the event. Congress amended the agency’s appropriations bill to prevent the National Aeronautics and Space Administration (NASA) from placing flags of other nations, or those of international associations, on the Moon during missions funded solely by the United States. Like any activity in space exploration, the Apollo flag-raising also provided NASA engineers with an interesting technical challenge. They designed a flagpole with a horizontal bar allowing the flag to “fly” without the benefit of wind to overcome the effects of the Moon’s lack of an atmosphere. Other factors considered in the design were weight, heat resistance, and ease of assembly by astronauts whose space suits restricted their range of movement and ability to grasp items. As NASA plans a return to the Moon and an expedition to Mars, we will likely see flags continue to go “where no flag has gone before.”
TL;DR: The United States and its allies should take measures to improve the resilience of space systems across the spectrum of conflict, such as hardening space and ground systems against physical and cyber attacks.
TL;DR: It is proposed that the Code of Conduct should make a clear distinction between commercial activities and military activities, and adopt more balanced measures on the restriction of military activities in outer space.
Abstract: The European Union draft Code of Conduct for outer space activities is one of the primary international initiatives, that are currently active, to enhance the safety, security and sustainability of outer space activities. Although the spirit underlying the instrument is commonly shared by space-faring countries, substantial disagreement exists among States as to some of its core provisions. This article proposes that the Code of Conduct should make a clear distinction between commercial activities and military activities, and adopt more balanced measures on the restriction of military activities in outer space.
TL;DR: In this article, the authors discuss the ways in which International Humanitarian Law (IHL) applies to the domain of outer space and how they apply: the principles of distinction, proportionality and precaution in attack.
Abstract: This article discusses the ways in which International Humanitarian Law (IHL) applies to the domain of outer space. IHL is applicable as a matter of international law, yet outer space poses some challenges when it comes to specific principles and rules. A brief outline is given of some of the kinds of weapons that have been and might be used in space, as well as the ways in which space assets are used with respect to conflicts on Earth. This is followed by an in depth analysis of the core principles of IHL and how they apply: the principles of distinction, proportionality and precaution in attack. While it is imperative that States recognise that IHL is applicable to all their activities in space that involve conflicts on Earth and/or in space, care must be taken in weighing up the traditional principles and their application to this new domain. As the technology that increases war-fighting capability advances, so does the imperative to understand the applicable legal framework for the use of such technology.
TL;DR: The International Seabed Authority (ISA) as mentioned in this paper was established under the 1982 UN Convention on the Law of the Sea and adopted key principles from the ISA to establish the International Space Authority (ISSA).
Abstract: Adopting key principles from the International Seabed Authority established under the 1982 UN Convention on the Law of the Sea, the author first introduced a proposal for an International Space Authority at the Third United Nations Conference on the Peaceful Uses of Outer Space in Vienna in 1999. Based largely on its intuitive appeal to an international community of young space researchers, this won top-voted support from amongst 160 Space Generation delegates from 60 nations and was subsequently incorporated into the Conference report. Many of those delegates today are leaders and innovators transforming the competitive landscape of space development. Meantime without fanfare the International Seabed Authority itself has become a working institution with practical exploration, mining, science and education successes. In the absence of a similar authority for space, political activism to extend privatisation from space launch services to private ownership of space science data and celestial bodies raises key questions on the nature, meaning, and ethics of human exploitation of resources on- and off-planet. This chapter examines how the principles and practices of the International Seabed Authority might inform an International Space Authority, and ultimately lead to more broadly accepted universal principles embodied in a World Space Agency.
TL;DR: In this paper, the authors discuss a number of legal challenges presented by article IV of the Outer Space Treaty, relating specifically to the term peaceful, the distinction between the terms militarisation and weaponisation and the nature of a space weapon.
Abstract: Since the end of the Second World War the potential use of outer space for military purposes persisted to be intrinsically linked to the development of space technology and space flight. The launch of the first artificial satellite, Sputnik 1, by the USSR in 1957 made Western states realise that a surprise attack from space was a real possibility, resulting in the so-called "space-race" between the USA and the USSR. During the Cold War space activities were intrinsically linked to the political objectives, priorities and national security concerns of the USA and the Soviet Union. After the Cold War the political relevance and benefits of space continued to be recognised by states. In view of the recent emergence of new major space powers such as China, the focus has again shifted to the military use of outer space and the potential that a state with advanced space technology may use it for military purposes in order to dominate other states. Article IV of the Outer Space Treaty prohibits the installation of nuclear weapons and weapons of mass destruction in outer space and determines that the moon and other celestial bodies shall be used for peaceful purposes only. Due to the dual-use character of many space assets, the distinction between military and non-military uses of outer space is becoming increasingly blurred. This article discusses a number of legal challenges presented by article IV of the Outer Space Treaty, relating specifically to the term peaceful, the distinction between the terms militarisation and weaponisation and the nature of a space weapon. It is concluded that article IV is in many respects outdated and that it cannot address the current legal issues relating to the military use of outer space. The legal vacuum in this area may have grave consequences not only for maintaining peace and security in outer space, but also on earth. Consequently, an international dialogue on the military uses of outer space should be facilitated under the auspices of the UNCOPUOS to address these uncertainties as a matter of urgency. Although it is agreed with the proponents of a hard law approach that a legally binding instrument should be adopted to regulate the military use of outer space, it is submitted that, as an interim measure, soft law guidelines should be developed to provide a framework for the eventual creation of a consolidated and binding legal instrument on all aspects relating to the use of outer space.
TL;DR: In this article, the authors prove existence of peremptory norms in international space law by the global public interest of the international community in outer space, which occurs first of all because of nature of outer space and its physical characteristics and prospects of exploration and use it gives to States.
Abstract: This paper is dedicated to the research of the concept of jus cogens norms in international space law. The author is proving existence of the peremptory norms in international space law by the global public interest of the international community in outer space, which occurs first of all because of nature of outer space, its physical characteristics and prospects of exploration and use it gives to States. The author is analyzing opinions of some highly qualified publicists in sphere of international law according to the specific jus cogens norms regulating outer space activities. The theoretical basis of this paper includes studying the scientific researches of such authors as A.D. McNair, A. Cassese, A. Orakhelashvili, R. Jakhu. This paper also includes researching legal nature of some of jus cogens norms in international space law, in particularly, the principle of non-appropriation of outer space and the principle of freedom of exploration and use of outer space for the benefit of all States. DOI: 10.5901/mjss.2015.v6n6p421
TL;DR: In this article, the authors considered possible ways of the origin of organic matter from inorganic components on the planetary and space scales and gave a special attention to the practical possibility of the synthesis of organic acids, amino acids, nucleic bases from carbon dioxide and water under the effects of ultraviolet radiation under conditions of the Earth and other celestial bodies.
Abstract: The article considers possible ways of the origin of organic matter from inorganic components on the planetary and space scales. A special attention is given to practical possibility of the synthesis of organic acids, amino acids, nucleic bases from carbon dioxide and water under the effects of ultraviolet radiation under conditions of the Earth and other celestial bodies. The obtained data make it possible to put forward the concept of the origin of life in the Universe based on the presence in the outer space of water molecules, carbon dioxide and the external source of energy in the form of space radiation.
TL;DR: In this article, the effects of non-terrestrial conditions on the various materials used for spacecraft design and on actual humans in space are examined from the perspective of an aerospace engineer.
Abstract: This chapter provides the scientific introduction to environments which are exo-atmospheric and removed from Earth’s protective blanket (our own magnetosphere) and the effects of space on human material culture from the perspective of an aerospace engineer. Given the need to design for space environments, the chapter examines the effects of non-terrestrial conditions on the various materials used for spacecraft design and on actual humans in space. It presents descriptive data on various historic spacecraft.
TL;DR: In this article, the authors explore the practices employed by artists who have taken on a virtual body as a vehicle to explore the virtual space of virtual worlds and those artists aiming to free their physical bodies of gravity and experience weightlessness in the artistic exploration of outer space.
Abstract: This article considers the artistic exploration of embodiment at the frontiers and edges of space. With a focus on both outer space and virtual space, the article explores the practices employed by artists who have taken on a virtual body as a vehicle to explore the virtual space of virtual worlds and those artists aiming to free their physical bodies of gravity and experience weightlessness in the artistic exploration of outer space. Perhaps the myths and realities of both astronauts (or those who have experienced their bodies in zero gravity) and avatars are one and the same – that of bodies travelling in unknown spaces and time. The article aims to reveal the common threads of experiences of embodiment and space drawing together issues of the weightless, the virtual and the immaterial body.
TL;DR: In this article, the authors proposed direct private space situational awareness (SSA) solutions to satisfy perceived needs in the operator marketplace, and the United States Strategic Command (USSTRATCOM) has been authorized to make SSA information and services available to non-U.S. foreign and commercial entities.
Abstract: The outer space domain has become increasingly congested. In order to responsibly operate space systems, owner/operators must track their satellites and maintain awareness of all other tracked space objects, and act to minimize any risks that can be identified. This has spawned an evolution of space systems operational practices. Commercial and other satellite owner/operators rely on space situational awareness (SSA) information needed to reduce the chances of collisions with other spacecraft or orbital debris. The United States (U.S.) Strategic Command (USSTRATCOM) has been authorized to make SSA information and services available to non-U.S. foreign and commercial entities. Responding to the needs, direct private SSA solutions also have been proposed to satisfy perceived needs in the operator marketplace.
TL;DR: In this article, the authors focus on the issue of geopolitics of the Moon and the importance of its natural resources, both energy and non-energy, and the relevance of the lunar poles and discuss European Union (EU) and European Space Agency (ESA) space activities.
Abstract: The article deals with the reasons why European countries should care about lunar settlement. First, the article focuses on the issue of geopolitics of the Moon and the importance of its natural resources—both energy and non-energy—and the relevance of lunar poles. The article then discusses European Union (EU) and European Space Agency (ESA) space activities. Next, there are basic strategic considerations EU/ESA countries should follow in utilizing outer space. From a terrestrial point of view, it is mainly the issue of energy independence and, from outer space, it is the possibility of denial of access to outer space. The article concludes with the acknowledgment of a growing interest in lunar colonization around the world and that Europeans should become more assertive in their lunar ambitions, including lunar development projects, for economic and strategic reasons.
TL;DR: The legal definition and status of orbital space debris is problematic in a variety of ways as discussed by the authors, and the legal definition of space objects no longer in use is a practical definition that is often used.
Abstract: The legal definition and status of orbital space debris is problematic in a variety of ways. As already noted, all human crafted items launched into space are known as “space objects” as specifically defined in the Liability Convention and generally conceived in the Outer Space Treaty. [Treaty on Principles] But orbital space debris, in contrast, has no agreed international definition. Nevertheless “defunct space objects no longer in use” is a practical definition that is often used. Such a legally agreed definition becomes quite important in such circumstances as when the provisions of the “Liability Convention” come into play. [Convention on International Liability]
TL;DR: The outer space mostly evokes notions and imageries which are largely limited to either the realms of science and technology or popular fiction as mentioned in this paper, and human activities pertaining to outer space are not restricted to either science or technology.
Abstract: The outer space mostly evokes notions and imageries which are largely limited to either the realms of science and technology or popular fiction. The paper contends that human activities pertaining ...
TL;DR: The field of space archaeology and heritage is a sub-discipline of anthropology which embraces the totality of human experience as mentioned in this paper. And it is the study of the relationships between material culture and human behavior.
Abstract: This chapter provides an introduction to the field of space archaeology and heritage. It defines archaeology as a sub-discipline of Anthropology which embraces the totality of human experience—it is the study of the relationships between material culture and human behavior. Archaeologists study material culture of all time periods (no temporal limits) and in all places (no spatial limits—it can be done off the Earth, in space and on other celestial bodies). It provides an overview of this recent field and the importance of the concept of the cultural landscape of space exploration.
TL;DR: In this paper, the authors look at the various space actors in Europe, and at the role some of them may play in developing global rules of space debris remediation, and propose a legal framework for space debris mitigation and remediation.
Abstract: Ever since the launch of the first space object, discarded bits and pieces ranging from disused payloads and spent upper stages to single bolts and tiny flakes of paint have been cluttering outer space, making valuable and widely used orbits and trajectories to and from Earth increasingly unsafe for future use. The response of the international community to this immediate threat to the sustainable use of outer space has been slow and haphazard, and remains limited to non-binding guidelines and technical recommendations for space debris mitigation. Recent events such as the 2007 Chinese ASAT test and the 2009 collision between an active American and an in-operational Russian communications satellite demonstrate that more needs to be done in order to develop a strong international regime on active debris remediation. Given the complexities of these issues and the lengthy nature of international negotiations, one should not expect a comprehensive legal regime for space debris mitigation and remediation to materialize any time soon. As it is in the own interest of its users to preserve outer space for future exploration and use, the regulation of debris mitigation by space agencies may well prove a valuable alternative as a starting point for binding remediation rules. Since new international initiatives in this respect are lacking, the present article looks at the various space actors in Europe, and at the role some of them may play in developing global rules of space debris remediation.
TL;DR: In this paper, the authors studied the reasons and consequences of the long-lasting absence of a legal boundary between airspace and outer space, and the challenge posed by the emergence of aerospace objects.
Abstract: Since the dawn of the Space Age, the exploration and use of outer space have been accompanied by mankind's effort to regulate space activities through legal means. The many legal issues relating to this new frontier have consumed a great deal of international space lawyers' time and effort. Amongst these issues, the delimitation between airspace and outer space is one of the most discussed questions. The question seems so fundamental, as if its settlement is a precondition for the consideration of all other questions relating to outer space. But over fifty-five years into the space age, states still have not agreed on where airspace ends and outer space begins, or whether a clear line of demarcation is even necessary. Perhaps far beyond the prediction of early space lawyers, this lacuna has not given rise to any significant problems, but there has never been a lack of concern in either the political or scholarly arenas. It does not follow, however, that a boundary will never be needed. The delimitation question should be studied by considering new technological developments. This article studies the reasons and consequences of the long-lasting absence of a legal boundary between airspace and outer space, and the challenge posed by the emergence of aerospace objects.