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Space Law: Reconsidering the Definition/Delimitation Question and the Passage of Spacecraft through Foreign Airspace

Space Law: Reconsidering the Definition/Delimitation Question and the Passage of Spacecraft through Foreign Airspace
  • Year of publication 2013
  • 168 pages
Author:Marietta Benkö and Engelbert Plescher
Series:Essential Air and Space Law (volume 12)
Category: Law Air & Space Law
Icon_printbook 978‐94‐6236‐076‐1 | hardcover | 1st edition | € 56,50 / $ 84,75 / £ 52,00
Icon_ebook 978‐94‐6094‐817‐6 | ebook | € 54,99 / $ 82,49 / £ 50,59

This book deals with the ‘definition/delimitation question’ with special regard to the passage of spacecraft through foreign airspace for reaching the orbit and returning to Earth. This is particularly important for space transportation systems like the US Space Shuttle or the Soviet BURAN, which were used in the past. New systems are already planned in the US, Europe and China. However, they will all encounter the same ‘passageproblems’as their two predecessors, according to the present and foreseeable state of space technology. The authors start with a presentation of the relevant technical basics, which is then followed by legal considerations taking into account the extremely sensitive space environment where civilian, commercial and governmental (including military) activities are conducted by fundamentally different actors with diverging interests and philosophies. In this context State practice with respect to passage rights and agreements with respect to abort and emergency landing sites on foreign territory are also discussed. As an annex a comprehensive selection of relevant documents is reprinted.

Target group

Practitioners in the field of space law, government authorities

Author's information

Marietta Benkö is an Attorney-at-Law (‘Rechtsanwältin’) in Cologne, practising in the field of air traffic and space law. She is staff member at the Institute of Air and Space Law at Cologne University and the Executive Editor of the German Journal of Air and Space Law (Zeitschrift für Luft- und Weltraumrecht) since 1978

Engelbert Plescher is senior research assistant at the Faculty of Aerospace Engineering, University of Applied Sciences, Aachen (FH Aachen) in Germany       

Zeitschrift für Luft- und Weltraumrecht / German Journal of Air and Space Law 2013

review by Michael Milde as it appeared in ZLW 62. Vol. 4 / 2013

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