New Space and the Old Problem of Delimitation: Another Chance for the Mesospace Theory

The purpose of this paper is to introduce and develop a method for the delimitation of the near space, while considering how this special zone could be regulated. In my opinion, defining where near space starts and ends is the first step in the very timely law-making process of the delimitation of space. The aim of such law-making is to increase predictability and reduce uncertainty by providing appropriate legal rules for the interests of both the operators and beneficiaries of near-space or high-altitude vehicles and objects operating in or temporarily entering near space, as well as for the general public. After analysing the attempts that have been made to regulate near space, I came to the conclusion that it is not necessary to devise entirely novel methods to satisfy the demands for regulations in this New Space Age, since the law of the sea, having evolved for several hundred years, is already applicable to this area as a legal regime. The law of the sea has many similarities to the situation prevailing in near space, therefore, its legal tools and examples can easily be taken into consideration when regulating near space, either by analogy or by applying them during the law-making process. My research method was the traditional comparative analytical method during which, by analysing and comparing the existing ideas, I drew my own conclusions and made suggestions in relation to the problem of the lack of the delimitation of near space…