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Part IV Outer Space, Astronauts, and Space Objects, 14 The Legal Regime of Airspace and Outer Space: the Boundary Problem Functionalism versus Spatialism: the Major Premises

From: Studies in International Space Law

Bin Cheng

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 01 December 2023

Airspace — Outer space — Lex ferenda — Lex lata — Boundaries
In the subject index to the book Law and Public Order in Space (1963) by Professors Myers S. McDougal, Harold D. Lasswell, and Ivan A. Vlasic, there is to be found the following entry: Boundary between outer space and airspace (a comedy of errors). This entry is typical of the often pungent wit and humour with which the authors in the text of their masterly work exposed what appeared to them to be the fallacy and even folly of those who sought to draw a boundary—or to borrow a graphic expression from their at times rather esoteric terminology, a horizontal...
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