Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
International air and space Law boundaries : A new frontier
Dissertation (LLM (International Air, Space and Telecommunications Law))--University of Pretoria, 2023.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2024
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613548885049344 |
|---|---|
| access_status_str | Open Access |
| author2 | Hobe, Stephan |
| author_browse | Hobe, Stephan |
| author_facet | Hobe, Stephan |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (International Air, Space and Telecommunications Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/94867 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:54.123Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/94867 International air and space Law boundaries : A new frontier Hobe, Stephan u16003472@tuks.co.za Cornelius, Willem Stefanus UCTD International law Air law Air law boundaries Space law Space law boundaries Dissertation (LLM (International Air, Space and Telecommunications Law))--University of Pretoria, 2023. On the 22nd of October 2021, a revolutionary new device called a Sub-orbital Accelerator was powered up for its first test launch in the desserts of New Mexico in the United States. The kinetic Sub-orbital launching system launches a rocket object into the atmosphere where rocket boosters ignite to propel the rocket object to reach lower Earth Orbit to deliver payloads such as satellites. The rocket object launched from the system travels through airspace to reach lower earth orbit and beyond. The rocket object travels through airspace and into outer space. Airspace and outer space are governed by fundamentally different legal regimes. Under Air Law States have exclusive territorial jurisdiction over their airspace, whereas in Space Law which governs outer space - State sovereignty is prohibited, as outer space is subject to non-appropriation. The differences between the legal regimes begs the question where delimitation may be found between airspace and outer space. The predominate theories regarding delimitation are the Spatialist and Functionalist approaches. Proponents of the Spatialist approach suggest various lines or boundaries based on different applicable standards. The Functionalist approach in the alternative places focus on the type of object in order to determine whether or not it operates in airspace or outer space. Under the Functionalist approach, should the rocket object launched from the Sub-orbital Accelerator be made for atmospheric flight it would function within airspace and in the alternative should the rocket object be made for beyond atmospheric flight it could be considered a space object. Upon re-entry the rocket object remains classified as a space object. Both the Functionalist and Spatialist approaches escape the general acceptance of States- although both theories are still primarily the sources that dominate the thinking of States and bodies such as the United Nations. Public Law LLM (International Air, Space and Telecommunications Law) Unrestricted Faculty of Laws None 2024-02-22T14:20:52Z 2024-02-22T14:20:52Z 2024-04-01 2023 Dissertation * A2024 http://hdl.handle.net/2263/94867 No data sets applicable en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD International law Air law Air law boundaries Space law Space law boundaries International air and space Law boundaries : A new frontier |
| title | International air and space Law boundaries : A new frontier |
| title_full | International air and space Law boundaries : A new frontier |
| title_fullStr | International air and space Law boundaries : A new frontier |
| title_full_unstemmed | International air and space Law boundaries : A new frontier |
| title_short | International air and space Law boundaries : A new frontier |
| title_sort | international air and space law boundaries a new frontier |
| topic | UCTD International law Air law Air law boundaries Space law Space law boundaries |
| url | http://hdl.handle.net/2263/94867 |