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Sovereignty and Jurisdiction in Airspace and Outer Space - Legal Criteria for Spatial Delimitation (Hardcover)
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Sovereignty and Jurisdiction in Airspace and Outer Space - Legal Criteria for Spatial Delimitation (Hardcover)
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Sovereignty and jurisdiction are legal doctrines of a complex
nature, which have been subject to differing interpretations by
scholars in legal literature. The tridimensionality of state
territory recognised under customary international law subsists
until the present but there are other territories that do not or
cannot belong to any state or political entity which also must be
accounted for in legal theory. The issues surrounding sovereignty
and jurisdiction are likely to become ever more pressing as
globalisation, growing pressure on resources and the need for
energy and national security become acute, and the resolution of
special delimitation disputes seems likely to become a vital
question in the twenty-first century. As a result of the fast pace
of technological developments in air and space activities and the
massive increases in air transportation , satellite communications
and space exploration, the need for scholars and practitioners to
sharpen their appreciation of the legal and political issues
becomes crucial. This book will focus primarily on the issues of
sovereignty jurisdiction and control in airspace and outer space
and their effects on public and private activities, but it will
also look at related issues pertaining to the Seas and Antarctica.
Commercial exploitation, resource control and the international
regime regulating contractual obligations in relation to
transportation of goods and services over all forms of territory
will be examined to the extent that they are necessary to explain
jurisdictional rights and duties over territory. Older problems of
international law such as crimes in the air and airspace trespass
are treated along with newer developments such as space tourism as
well as growing demand for private ownership and involvement in
outer space exploitation. The book goes on to consider the
distinction between airspace and outer space and puts forward legal
criteria which would allow for the resolution of the spatial
delimitation dispute. These criteria would determine where in
spatial terms the exclusive sovereignty of airspace ends and where
outer space - the province of all mankind - begins, and contribute
to the jurisprudence of territorial sovereignty and jurisdiction.
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