Abstract: The near space, the region between 20 and 100 km above the earth, offe rs new capabilities not accessible to orbiting satellites or maneuvering aircraf t. In recent years with the emergence of near space crafts and its potential mil itarization, the legal status of the near space becomes a hot issue. This articl e argues that the legal status of the near space depends on the demarcation of t he air space and the outer space. It explores international documents and state practice relating to this issue, summarizes the theoretical views and makes reco mmendations on defining the legal status of the near space.