8.3 Distinction between Air Space Law and the Law of Outer Space; Definition and Delimitation between Aerospace and Outer Space

The two regimes' contrast (the exam's table): | Point | Air space | Outer space | |---|---|---| | The regime's foundation | Sovereignty (the state's column) | Freedom (the province-of-all- mankind) | | Entry | By consent (the ASAs' world) | Free (the law's non-appropriation) | | The object's status | The aircraft's nationality-registration | The space object's registry-and-jurisdiction (the state of registry) | | The primary treaty | Chicago 1944 | OST 1967 + the four | | The liability's regime | The Warsaw-Montreal carriers' law | The 1972 Liability Convention's absolute-fault ladder | | The armed dimension | The civil-military split's careful faces | The WMD ban; the peaceful- purposes' debate | The delimitation problem: no treaty defines the boundary — the spatialist approach (the fixed-line candidates: the Karman line (~100 km) — the aerodynamic-vs-orbital flight's physical edge, the most-cited candidate) vs the functionalist approach (no line needed: the object's function — the aircraft-or-space-craft's regime) — the UNCOPUOS's decades-long non- agreement; the practical stakes (the airspace's sovereignty-column's height; the overflight rights; the space-object's immunity from the sovereignty claims — the sovereignty's practical end far below 100 km in the aviation reality).