Abstract
In the current digital age and in the future, activities in outer space will have a critical bearing on air space and the operation of aircraft. Now more than ever before, it becomes necessary to discuss demarcation of air space and outer space for purposes of establishing jurisdiction in the determination of acts performed in both strata. Digital applications in outer space would have an increasing bearing on commercial aircraft.
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Notes
- 1.
Integrating Public Safety Standards for Commercial Space and Aviation, AN-Conf/13-WP/205 26/9/18 (Information Paper), at 1.
- 2.
Krasner (1999), p. 93. It is noteworthy that from a political sense, sovereignty has been viewed under four headings: International legal sovereignty, which involves mutual recognition by other states with formal juridical independence (you can be recognized as a government, yet have no control over your territory); Westphalian sovereignty, which excludes external actors from the authority structures in a territory (e.g. colonial systems) and independent exclusivity of political institutions; Domestic sovereignty, which indicates the ability of public authorities to exercise effective control within their territory; and Interdependence sovereignty, which includes the ability of public authorities to regulate the flow of information, ideas, goods, people, capital, etc., into and out of their borders (the most relevant to cyberspace). See Ayers (2016), pp. 67–68.
- 3.
Ayers cites that “freedom of action as it applies to the oceans is older than the Westphalian model: In 1609, Grotius articulated the principle of Mare Liberum (Freedom of the Seas); In the 1780s, early American political leaders e.g. Adams, Franklin championed the view that the seas ought to be free in war as well as in peace; In 1917, President Wilson asserted the right of every nation to have free access to “the open paths of the world’s commerce”; In 1941, the Atlantic Charter set forth the affirmation that “peace should enable all men to traverse the high seas and oceans without hindrance”. Ayers, Ibid, at 73.
- 4.
See for example The United States Computer Fraud and Abuse Act at Appendix C.
- 5.
The Lotus Case, A.K.A THE CASE OF THE S.S. “LOTUS”, 1927. 7 Septembre. ssier E. c. X. lble XII: 2. For the English text see France v. Turkey, File E. c. Docket XI, Judgment No. 9, 7 September 1927.
References
Ayers CE (2016) Rethinking sovereignty in the context of cyberspace. Centre for Strategic Leadership: U.S. Army College, Edinburgh/Carlisle, pp 67–68
Krasner SD (1999) Sovereignty: organized hypocrisy. Princeton University Press, Princeton, p 93
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Abeyratne, R. (2020). Aerospace and Its Limits. In: Aviation in the Digital Age. Springer, Cham. https://doi.org/10.1007/978-3-030-48218-3_1
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