SPACE LAW's biggest problem

The line is missing.

Space law has a big problem — nobody knows where airspace ends and space begins.

Some sources:
This NYT article from the Sputnik launch is entertaining:

Here's Timothy Nelson's Op-Ed about the Space Line:

Didn't include this in the video, but another interesting OpEd re: the US Space line:

Journal of Space Law article I read:

Here's the whole book about the space line by Thomas Gangale. I don't know if I recommend you read it, but it is comprehensive and gives you a sense of the real legal consequences. I think without it, I would have ended up with the opinion that this is a big problem — but because I read the book, I realize the real problem is that all this is likely to be settled behind closed doors, at least initially. You can probably find other copies of it if you Google around.

And finally, here's McDowell's article about the Von Karman line:

[thedeadpants]

I just found your channel after years of seeing your Vox work and I love it- instant sub. As someone you actually works in space law (actually though, I'm not joking) I really appreciate the research and effort you put into this. I can't tell you the number of "space doesn't have a border!?!" articles and videos I've read/seen that skim the surface but don't really get into the details and miss how delimitation is really a non-issue right now. Using that Gangale article and book really gives the context you need.

Although, I would push back a little on the prediction that an international court could decide the boundary at 6:16. There isn't really a body that would have the authority to make a binding decision: the ICJ's authority is only limited to the parties which have agreed to its jurisdiction (and it's non-precedential), and there isn't another body contemplated under international space law to make such a decision with any binding value. Even if a court tried to make such a decision, it will be ignored by any country that doesn't like the result (the US, for example, has a *history* with the ICJ). It's more likely that if push comes to shove, allied countries will read informal agreements with each other (definitely not treaties, more like MOUs) to help clarify situations between them for expediency, and this could eventually slowly turn into customary int'l law. But as you said, who even knows right now! Love the video, and would love to see more space (and space law in particular!) stuff in the future.

[kaustavmandal]

Your disclaimer deserves a short film of it's own. Lot's of pausing and reading but it was so worth it.

[Deltarious]

I'm a huge fan of an international consensus on space starting at the FAI's recognized Kármán line of 100km as it's based on science, a round easy number, and also already has de facto acceptance as the generally accepted international standard. You can make a genuine and reasonable argument for 50 miles being the start of space but in my mind that 100-80km gap is where most of the fuzziness is. Much above 100km it rapidly becomes increasingly obvious that it's space, much under 80km and the opposite happens. Therefore to err on the side of caution setting the boundary at 100km seems logical

[BacchylidesUSA]

Phil -- Thanks for this post on space law. As the director of the Global Space Law Center at Cleveland State University, I thought I'd share my thoughts. The delimitation issue is a fascinating conundrum and people often express wonder that the international community hasn't solved what seems to be a threshold issue in space law. But there is a reason for this, namely that it really isn't a problem. Most space activities are clearly "in space" -- if its an orbiting satellite for example. Likewise, activities in the air are generally obviously not in space (i.e. a plane in flight due to lift). So there has been no impetus for the UN to spend time and energy on this complicated issue since there was no pressing need. That is now changing a bit due to suborbital tourism which straddles the border between air and space. But since those activities have not been international in nature (the flights take off and land in the same country), it hasn't triggered international concern. The biggest concern probably comes from customers who want to know if they have actually been taken into space or not - but this is more of a truth-in-advertising issue. I do think there is some work to be done in clarifying the issue for purposes of simplifying the domestic regulation of Virgin Galactic (and other companies that may fly spaceplanes) since they have been subjected to double regulatory requirements as both an airplane (when not going into "space") and a spacecraft (for those flights that do go into "space"). But again, this hasn't really been much of an issue -- Virgin Galactic has managed to comply with both sets of regulations without great cost. We may finally see the impetus to resolve this issue arrive when suborbital flights become international (i.e. international point-to-point flights) because the differences in international space law vs. air law are drastically different as to the need to seek consent for overflight. Hopefully that day will come sooner than later! Thanks again for brining attention to fascinating field of space law!

[Aphrx]

Your channel deserves more subs! Always wondered if space was just this place where no rules applied.

[veto_]

The concep of how law would work on space is interesting, sci-fi always make me think that the law on space would be pretty much shaddy, since normally in space settings law is only applied to a planet/sector/station it would be rather different laws by place and space itself would be "lawless", since we cant regionalize the whole space or even track crimes around it

[VAM_Physics_and_Engineering]

loved the topics you pick. great video... I liked the use of your graphics that traced your fingers path.

[GeorgeOfAllTrades]

Came here from your video post to Fake Science. Pretty good video - hope the channel picks up!

[さーもん-vm]

I would like you to discuss who’ll be responsible for any accidents causing in outer space.

[forwardslash]

I never new space law could be so interesting

[Spo]

If you think Space Law is intense, just wait until you hear about Bird Law.

[DylanMadisetti]

Hey Phil, I feel like you really missed out on the conversation of geostationary space. If a satellite is directly above your country and just hanging out, shouldn't you have a say about that?

Nations have tried to claim geostationary orbits (Bogata Declaration 1976), but were seen to be in violation of the Outer Space treaty. Primarily, because they tried to argue against the definition of where space is! While these orbits are clearly in space, I think the failure of the declaration is more a commentary on geopolitics, and how the Global North is all to willing to call something "unclaimable territory" when they can use it to their advantage.

Beyond the science, it's prime real estate, and surely the countries that would benefit the most from it (equatorial states) should have a say.

[zacharybrown-silverstein]

Love all your content. Looking forward to helping you surpass "Map Guy".

[christianmaitre]

Hey, student journalist here. How’d you create the highlighting animations with the space law documents

[QuestionMan]

"'Space Law' seems like a joke." But, I'd watch the heck outta that show.

[The_Sofa_King]

I would propose the area of space where orbits can begin

[harryallman-brown]

Surely the biggest problem in space law is the lack of updating the main UN treaties on space? So what if the line separating space and air space is unclear? I mean, most issues arising from space activities happen literally in space – not in between space and airspace. Also, rules under international law is created by states. The line in space will eventually be decided by them, whilst an international court will simply identify it (see article 38 of the ICJ statue).

On another note, how else should we call the law regarding Space?

[Ashley-xulk]

4:06 This is where his "not a lawyer" disclaimer starts.

[redstonerelic]

if it were up to me, I think I would set it at the lowest altitude that satalites can orbit, because space is where we orbit. if we cannot orbit then it is not space

[Tonywirthfilms]

Why does a line need to be defined? Just develop a new system to deal with a buffer zone. Probably a more useful long term apporach