ISSN 1008-2204
CN 11-3979/C
LI Weihai, CHEN Chi. Jurisdictional Disputes over Near Space[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2025, 38(6): 114-126. DOI: 10.13766/j.bhsk.1008-2204.2024.0372
Citation: LI Weihai, CHEN Chi. Jurisdictional Disputes over Near Space[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2025, 38(6): 114-126. DOI: 10.13766/j.bhsk.1008-2204.2024.0372

Jurisdictional Disputes over Near Space

  • The ambiguity of space delimitation leads to the concept of "near space". Numerous controversies have arisen in the international community over the issue of jurisdiction in near space. Disputes over jurisdictional areas, as a foundational issue for other jurisdictional disputes, are centered on vertical and horizontal dimensions. Underlying states, the nationality state of near-space vehicles, and international organizations all have certain jurisdictional rights over near space activities, which may lead to disputes among these subjects over jurisdictional authority. These disputes primarily involve the areas of flight activities, resource exploitation and use, and matters of universal jurisdiction. Each of these areas should be governed by different rules. From the perspective of a community with a shared future for mankind, we need to give priority to the four principles of peaceful use, sovereignty interests, security guarantees and international cooperation. These principles should serve as the basic guidelines for settling jurisdictional disputes, constructing relevant mechanisms and even a system of rule of law for near space.
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