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36 J. Space L. 143 (2010)
Prometheus Unbound - Proposal for a New Legal Paradigm for Air Law and Space Law: Orbit Law

handle is hein.journals/jrlsl36 and id is 151 raw text is: PROMETHEUS UNBOUND? PROPOSAL FOR A NEW LEGAL PARADIGM FOR AIR LAW AND SPACE LAW: ORBIT LAW C. Brandon Halstead* I. INTRODUCTION' Despite the common bond of flight shared by both air and space travel, these two realms of transit are governed by sepa- rate and distinct legal regimes. Since the late 1950's, the boundary between where air flight ends and space flight begins has been much debated, but has yet to be determined. For flights which occur solely within the airspace atmosphere, avia- tion law or air law has emerged to govern such travel; should those flights cross international boundaries or the high seas, international air law applies. However, missions and vehicles intended for outer space launches are governed by what can be collectively referred to as space law. Two schools of thought have therefore emerged to distin- guish between airspace and outer space. Although there is no scientifically-measurable line of demarcation between these two realms, spatialists wish to establish a clear boundary between State-sovereign airspace and unencumbered outer space. With two separate and distinct legal regimes currently in existence for each region, delimitation and clear establishment of borders should be accomplished once and for all. * C. Brandon Halstead, B.S., Psychology, The University of Alabama; J.D., The University of Alabama School of Law; LL.M., Institute of Air and Space Law, McGill University; Lieutenant Colonel, U.S. Air Force Judge Advocate General's Corps. The submissions in this article represent the ideas of the author and do not reflect any offi- cial position of the U.S. Air Force. C. Brandon Halstead, Hybrid Hops On (and Over) the Horizon: The Future Has Arrived, and Requires a New Look at Air and Space Law, 34 ANNALS AIR & SP. L. 775 (2009) [hereinafter Hybrid Hops]. This article takes many of the questions posed in the Hybrid Hops cite and provides additional details and solutions to the proposals in the earlier text. 143