xxxiv, 369 pages : illustrations ; 24 cm.
9780415562126 hardback 0415562120 hardback 9780203807552 ebook 0203807553 ebook
Routledge research in international law.
"Sovereignty and jurisdiction are legal doctrines of a complex nature, which have been subject to differing interpretations by scholars in legal literature. The tridimensionality of state territory recognised under customary international law subsists until the present but there are other territories that do not or cannot belong to any state or political entity which also must be accounted for in legal theory. The issues surrounding sovereignty and jurisdiction are likely to become ever more pressing as globalisation, growing pressure on resources and the need for energy and national security become acute, and the resolution of special delimitation disputes seems likely to become a vital question in the twenty-first century. This book will focus primarily on the issues of sovereignty jurisdiction and control in airspace and outer space, but will also look at related issues pertaining to the Seas and Antarctica. As well as considering the matters in public international law the book will also explore aspects of private international law that are central to the understanding of sovereignty and jurisdiction over territories. Commercial exploitation, resource control and the international regime regulating contractual obligations in relation to transportation of goods and services over all forms of territory will be examined to the extent that they are necessary to explain jurisdictional rights and duties over territory. The book goes on to consider the distinction between airspace and outer space and puts forward legal criteria which would allow for the resolution of the spatial delimitation dispute. These criteria would determine where in spatial terms the exclusive sovereignty of airspace ends and where outer space, the province of all mankind begins, and contribute to the jurisprudence of territorial sovereignty and jurisdiction"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Preliminary considerations : sovereignty, jurisdiction and control in international law The legal status of the airspace Jurisdiction over crimes in the airspace and on board aircraft Jurisdiction and control in the airspace over international spaces Sovereignty and trespass in territorial airspace Jurisdiction and control in outer space Legality of the common heritage of mankind principle in space law Jurisprudential basis for common ownership Jurisdiction and control rationae instrumenti and rationae personnae in outerspace Contemporary trends and threats to the regime of outer space law The never ending dispute : legal theories on the spatial demarcation boundary plane between airspace and outer space General conclusion.