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How High the Sky?

The Definition and Delimitation of Outer Space and Territorial Airspace in International Law

Series:

Thomas Gangale

In How High the Sky?, jurist Thomas Gangale explores the oldest and most important controversy in space law: how far up does national airspace go, and where does the international environment of outer space begin? Even though nations did not object to the first satellites flying over their sovereign territory, after more than six decades there is still no international agreement on how low the right of space object overflight extends, nor are there agreed legal definitions of “space object” and “space activity.” Dr. Gangale brings his background as an aerospace engineer to bear in exploding long-held beliefs of the legal community, and he offers a draft international convention to settle the oldest and most intractable problems in space law.

Edited by Chia-Jui Cheng

, or one of its nationals, suffers damage as the result of a mistaken belief, induced by the lack of notification, that the former contracting State was complying with a given international standard. 25 Thus indirectly a contracting State is under a legal duty to comply with international standards in

Edited by Chia-Jui Cheng

to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the Crown, order that the proceedings shall be treated as if they were in personam duly instituted against the Crown in

Edited by Chia-Jui Cheng

what appears to be a general belief, the task of revising the limits as set out in Article 24 is arguably not purely or necessarily mechanical, but can be said to leave the Depositary with a great deal of discretion. Article 24 merely provides that the limits shall be reviewed “by reference” to a

Edited by Chia-Jui Cheng

, fairer, more humane and, in fact, more economical system of liability for all concerned. In this belief, the draft convention is respectfully submitted to the Lloyd’s of London Press Fourth International Aviation Law Seminar, at Alvor, for its consideration. The opportunity which the Seminar affords for

Edited by Chia-Jui Cheng

which was “where the accident took place in case the aircraft failed to reach its destination.” This was included in the belief that it would facilitate the task of establishing the circumstances of the accident. It was, however, deleted upon a proposal from the British Delegation which was of the view

Edited by Chia-Jui Cheng

under the Convention. Article 30 B on contracting parties waiving governmental immunity in respect to actions arising under the Convention is the expression of a strong belief that this is necessary if governments wish for a just régime for all, but it is not intended to be a sine qua non upon which

Edited by Chia-Jui Cheng

States refrained from signing the Hague Protocol and the widely held belief that, because it is so dissatisfied with the existing Warsaw, and even the proposed Hague limit of the carrier’s liability in respect of personal injuries, it might even denounce the Warsaw Convention itself, 12 most signatory

Series:

Diego Zannoni

widespread belief that human rights violations cannot and should not be trampled upon with impunity no matter where in the world. From this perspective, Kant’s prophetic proposition based on a “cosmopolitan or world law” has come true, in the sense that “a violation of rights in one place is felt throughout

Series:

Thomas Gangale

100 kilometers (62.1 statute miles) have any actual physical significance, there is a strong, pervasive, and longstanding belief that either one or the other does. This is especially true of the latter, which, like unidentified flying objects, has achieved the stature of a Space Age legend, to the