Reference: OOSA/2017/19 12 September 2017 CU 2017/351(D)/OOSA/CPLA Submitted to Office for Outer Space Affairs, United Nations Office at Vienna, P.O. Box 500, 1400 Vienna, Austria. (
[email protected]) December 9, 2017 A Submission to the United Nations Office of Outer Space Affairs by The Space Safety Law & Regulation Committee of the International Association for the Advancement of Space Safety SUBORBITAL FLIGHTS AND THE DELIMITATION OF AIR SPACE VIS-À-VIS OUTER SPACE: FUNCTIONALISM, SPATIALISM AND STATE SOVEREIGNTY. Prepared by: Paul Stephen Dempsey and Maria Manoli . The authors would like to thank the IAASS Space Safety Law and Regulation Committee for reviewing earlier drafts of this submission, and in particular, John Bacon, Ram S. Jakhu, and Sa’id Mosteshar, Andy Quinn, and Tommaso Sgobba. Tomlinson Professor Emeritus of Global Governance in Air & Space Law, and Director Emeritus of the Institute of Air & Space Law, McGill University. ABJ, JD University of Georgia; LLM, George Washington University; DCL, McGill University. Doctoral candidate, Erin J. C. Arsenault Doctoral Fellow in Space Governance, and N. M. Matte Fellow, Institute of Air & Space Law, McGill University; Teaching Fellow, Faculty of Law, McGill University; Researcher, 2017 Centre for International Law and International Relations, Hague Academy of International Law. BCL, LLM, National and Kapodistrian University of Athens; LLM, Institute of Air & Space Law, McGill University. INTERNATIONAL ASSOCIATION FOR THE ADVANCEMENT OF SPACE SAFETY Abstract: The paper examines the definition and delimitation of outer space and its relationship to air space, and proposes a remedy to the uncertainty created by the significant differences in the Air Law and Space Law regimes.