[Third Re-draft] - Airspace Sovereignty Doctrine

[Simone]

Co-author: Kenmoria

The World Assembly (WA),

Noting the repeals of resolutions concerning aircraft and airspace, such as GARs 342 and 464, and the legislative lacuna resultant therefrom;

Acknowledging the WA's long interest in outer space (via GARs 349, 451, 460, and 615) and travels therein; and

Desiring a common approach to defining what constitutes "airspace" and "outer space", in order to facilitate trade and travel between WA states;

The WA hereby enacts as follows:

1. Definitions.
   1. "Flying object" means anything defined by the International Aero-Space Administration (IASA) as (i) able to travel in "airspace" (defined below) and (ii) relying on its own power, but excludes any living flying creature.
   2. "WA organs" means the WA’s sub-committees.
2. Sovereignty.
   1. Each WA state has and shall be deemed to have sovereignty over its own airspace.
   2. "Airspace" is hereby defined as the atmosphere vertically over any land mass or any waters for which the said WA state claims sovereignty, up to the boundary where the exobase ends and barometric conditions no longer apply, and where outer space thereafter begins.
   3. For WA states in celestial bodies with physical features (such as the lack of an atmosphere) that render the definition in subclause 2(b) inapplicable, the airspace of the said WA state is that space (which, for convenience, shall also be referred to herein as a WA state's "airspace") vertically over any land mass or any waters for which the said WA state claims sovereignty, either (whichever is lower):
      1. Up to the point that allows the said WA state a height of airspace as enables it to conduct those activities that a technologically similar terrestrial WA state would be able to conduct, or
      2. Up to the point where the gravitational pull of the celestial body on which that WA state resides becomes negligible for the domestic purposes of that WA state.
   4. "Outer space" is hereby defined as any space (excluding airspace) between celestial bodies.
   5. Airspace that is vertically over terra nullius, or that is over international waters where no state has asserted sovereignty, is hereby declared to be international airspace.
   6. No WA state may assert sovereignty over outer space or international airspace, nor assist any state or non-state actor in asserting sovereignty over outer space or international airspace.
   7. The extent of airspace as defined in subclauses 2(b) and 2(c) can be varied by valid treaties signed and ratified by all WA states that possess airspace affected by the said treaty.
3. Jurisdiction.
   1. A flying object registered to the competent authorities of a WA state is deemed to be under that WA state's jurisdiction, and that WA state is deemed the "flag state" of that flying object.
   2. A flying object operated by, for, or on behalf of a WA organ is subject to the jurisdiction of the WA, and the WA itself is deemed the flag state of that flying object.
4. Non-interference of WA flying objects.
   1. A WA state must not impede the normal operations of any flying objects under the jurisdiction of the WA itself, except strictly for the purpose of:
      1. capacity management if it is traveling within the WA state's airspace; and/or
      2. quarantines, except if the said flying object's operation within that airspace only involves traveling through it without disembarking.
   2. Subclause 4(a) excludes cases where the flying object has been hijacked by rogue actors, or by those that have mutinied against the WA or the said WA state, and other analogous circumstances of loss of control.
5. Jurisdiction.
   1. The WA reserves the right to regulate the use and jurisdiction of national airspace as well as the operation of all flying objects under the jurisdiction of a WA state (or WA organs) for the safety, security and collective benefits of all WA member states, subject to extant resolutions.
   2. The IASA is responsible for implementing and enforcing this resolution.

 

[Simone]

Reminder to amend the code to 464