[DRAFT] National Airspace Act/ On the Control of Airsp

[Elke and Elba]

I'm thinking of writing this to complement Law of the Seas

Naturally, the format will be rather similar to Law of the Seas, so I'm to do quite a bunch of changes and full paraphrasing for the whole text to ensure I don't get accused of plaglarism. This will ensure that the boundaries follow that of Law of the Seas.

However, before embarking - what are your thoughts? Should the name be renamed? Should it be carried out?

Draft 3-1

RECOGNISING that member states have the right to claim jurisdiction over the airspace of the said member states' territorial lands and its adjacent seas, yet,

UNDERSTANDING that individual state claims may conflict with that of another state, member and non-member alike,

RESOLVING to harmonise these differences peacefully whilst acknowledging and considering the individual interests of all states,

The World Assembly,

1. DEFINES the term 'border' as the point where the jurisdiction of the state ends;

2. FURTHER DEFINES the term 'edge of space line' as the point where the atmosphere of the terrestrial object becomes too thin to support any form of aeronautical flight;

3. ACKNOWLEDGES that,

a) all airspace within a member state's border, shall be considered that member state's 'Controlled Airspace', which the said member state shall have sovereign control and may enforce any and all of its own laws;
b) all airspace that are not within the borders of any state, shall be considered “International Airspace” and will not be subjected to any control unless dictated otherwise by this Assembly;

4. MANDATES all member states to recognise that all airspace belonging to respective non-member states are accorded the same rights as delineated in clause 3;

5. ENCOURAGES any member state with conflicting and clashing claims with any non-member state to resolve their differences through peaceful and cordial means;

6. FURTHER EXTENDS the mandate of the World Assembly Nautical Commission (WANC) to determine and define the edge of space line for every terrestrial object where respective member states are located on;

7. CLARIFIES that nothing in this resolution applies to outer space, extrasolar space or extragalactic space, and any jurisdiction granted to member states are limited to the altitude where the edge of space line is, as determined by the WANC in the previous clause, and;

8. FURTHER CLARIFIES that vehicles using 'ground-effect' systems to hover just above the surface of water or land count as water or land vehicles rather than as aircraft for the purpose of this resolution.

______________

A significant portion of this resolution's text is provided with the permission of Bears Armed Mission, with thanks.

RECOGNISING that member states have the right to claim jurisdiction over the airspace of the said member states' territorial lands and its adjacent seas, yet,

UNDERSTANDING that such

SEEKING to remedy this situation, whilst taking into account the legitimate interests of each and every state,

The World Assembly,

DEFINES the term 'border' as the point where the jurisdiction of the state ends;

FURTHER DEFINES the term 'edge of space line' as the point where the atmosphere of the terrestrial object becomes too thin to support any form of aeronautical flight;

ACKNOWLEDGES that
a) all airspace within a member state's border, shall be considered that member state's 'Controlled Airspace', which the said member state shall have sovereign control and may enforce any and all of its own laws;
b) all airspace that are not controlled by any state, shall be considered “International Airspace” and will not be subjected to any control unless stated otherwise;

MANDATES all member states to recognise that all airspace belonging to respective non-member states are accorded the same rights as delineated in clause 3;

URGES any member states whose claims conflict with those of any non-members to seek peaceful agreement on basis of these same rules with those other nations;

FURTHER EXTENDS the mandate of the World Assembly Nautical Commission (WANC) to determine and define the edge of space line for every terrestrial object where the respective member states are located on;

CLARIFIES that nothing in this resolution applies to the outer space, extrasolar space or extragalactic space, and any jurisdiction granted to the member states are limited to the altitude where the edge of space line is, as determined by the WANC in the previous clause;

FURTHER CLARIFIES that vehicles using 'ground-effect' systems to hover just above the surface of water or land count as water or land vehicles rather than as aircraft for the purpose of this resolution, and;

______________

A significant portion of this resolution's text is provided with the permission of Bears Armed Mission, with thanks.

RECOGNISING that member states have the right to claim jurisdiction over the airspace of the said member states' territorial lands and its adjacent seas,

UNDERSTANDING that as space does not have any identifiable marker, unlike that of the sea or of land, and thus states have the capability to claim jurisdiction without any form of substantiation, however,

WORRYING that if such claims are conducted excessively, they have the potential to destabilise international security,

SEEKING to remedy this situation, whilst taking into account the legitimate interests of each and every state,

The World Assembly,

DEFINES the term ‘border’ as the point where waters meet the land at mean low tide, or where such a border would exist at sea level in the case of undersea nations;
DEFINES the term 'border' as the point where the jurisdiction of the state ends;

FURTHER DEFINES the term 'edge of space line' as the point where the atmosphere of the terrestrial object becomes too thin to support any form of aeronautical flight;

ACKNOWLEDGES that all airspace within a member state's border, shall be considered that member state's 'Controlled Airspace', which the said member state shall have sovereign control and may enforce any and all of its own laws;

FURTHER ACKNOWLEDGES that, subject to any limits that WA law places on national rights and unless these terms would create conflicting claims,
a) Airspace not on territorial land, within 24 nautical miles of a state's border, shall also be considered that state’s 'Controlled Airspace', with the same rights granted as in clause 3, in which the state shall have sovereign control and may enforce any and all of its own laws;
b) Airspace that are not controlled by any state, due to such airspace being beyond 24 nautical miles of a member state's border shall be considered "International Airspace", and will not be subjected to any control unless stated in sub-clause c), where;
c) A state's airspace jurisdiction also extends over airlines and aircraft, fixed or non-fixed wing, registered in that nation while those are in International Airspace;

STATES that in the case of conflicting claims arising between member states due to clause 4, any airspace where the claims of two or more member states overlap, such airspace shall be divided along lines mid-way between those nations’ sea borders, unless those states freely agree on an alternative partition instead;

MANDATES all member states to recognise that all airspace belonging to respective non-member states are accorded the same rights as delineated in clause 3 and 4;

URGES any member states whose claims conflict with those of any non-members to seek peaceful agreement on basis of these same rules with those other nations;
EXTENDS the mandate of the World Assembly Nautical Commission (or ‘WANC’), where the WANC has the ultimate right and duty to enforcing binding arbitration in any disputes about this resolution’s interpretation that might arise between WA member nations, and also permits WANC to provide arbitration in relevant disputes involving any non-member nations who actually volunteer to accept this service;

FURTHER EXTENDS the mandate of the WANC to determine and define the edge of space line for every terrestrial object where the respective member states are located on, and;

CLARIFIES that nothing in this resolution applies to the outer space, extrasolar space or extragalactic space, and any jurisdiction granted to the member states are limited to the altitude where the edge of space line is, as determined by the WANC in the previous clause.

A significant portion of this resolution's text is provided with the permission of Bears Armed Mission, with thanks.

NOTING that member states have the right to claim jurisdiction over the airspace of the said member states' territorial lands and its adjacent seas,

UNDERSTANDING that as space do not have any identifiable marker, unlike that of the sea or of land, and thus nations have the capability to claim jurisdiction without any form of substantiation, however,

WORRYING that if such claims are conducted excessively, they have the potential to destabilise international security,

SEEKING to remedy this situation, whilst taking into account nations’ legitimate interests,

The World Assembly,

DEFINES the term ‘border’ as the point where waters meet the land at mean low tide, or where such a border would exist at sea level in the case of undersea nations;

FURTHER DEFINES the term 'edge of space line' as the point where the atmosphere of the terrestrial object becomes too thin to support any form of aeronautical flight;

ACKNOWLEDGES that all airspace within a member state's border, shall be considered that member state's 'Controlled Airspace', which the said member state shall have sovereign control and may enforce any and all of its own laws;

FURTHER ACKNOWLEDGES that, subject to any limits that WA law places on national rights and unless these terms would create conflicting claims,
a) Airspace not on territorial land, within 24 nautical miles of a member state's border, shall also be considered that member state’s 'Controlled Airspace', with the same rights granted as in clause 3, in which the nation shall have sovereign control and may enforce any and all of its own laws;
b) Airspace that are not controlled by member states, due to such airspace being beyond 24 nautical miles of a member state's border shall be considered "International Airspace", and will not be subjected to any control unless stated in sub-clause c), where;
c) A member state's airspace jurisdiction also extends over airlines and aircraft, fixed or non-fixed wing, registered in that nation while those are in International Airspace;

STATES that in the case of conflicting claims arising between member nations due to clause 4, any airspace where the claims of two or more member states overlap, such airspace shall be divided along lines mid-way between those nations’ sea borders, unless those nations freely agree on an alternative partition instead;

URGES any member nations whose claims conflict with those of any non-members to seek peaceful agreement on basis of these same rules with those other nations;

EXTENDS the mandate of the World Assembly Nautical Commission (or ‘WANC’), where the WANC has the ultimate right and duty to enforcing binding arbitration in any disputes about this resolution’s interpretation that might arise between WA member nations, and also permits WANC to provide arbitration in relevant disputes involving any non-member nations who actually volunteer to accept this service;

FURTHER EXTENDS the mandate of the WANC to determine and define the edge of space line for every terrestrial object where the respective member states are located on;

CLARIFIES that nothing in this resolution applies to the outer space, extrasolar space or extragalactic space, and any jurisdiction granted to the member states are limited to the altitude where the edge of space line is, as determined by the WANC in the previous clause, and;

FURTHER CLARIFIES that vehicles using 'ground-effect' systems to hover just above the surface of water or land count as water or land vehicles rather than as aircraft for the purpose of this resolution.

A significant portion of this resolution's text is provided with the permission of Bears Armed Mission, with thanks.

One big problem. How to deal with Karman line, and how to phrase it in such a way to present 3D? (resolved, hopefully.)

Category: Global Disarmament/Mild

[Separatist Peoples]

"This could be very effective. If you don't use arbitrary numbers like Law of the Seas did, and you make sure nations have total authority over their airspace, then I don't see why this won't become very popular legislation. I plan to observe this very closely, ambassador."

[Ainocra]

The Star Empire of Ainocra would dispute the no boundaries in space clause.

[Elke and Elba]

The Star Empire of Ainocra would dispute the no boundaries in space clause.

That's a preambulatory clause and thus can be removed. We understand the history of the Arconian Empire and Ainocra, and we value it too.

I'm having problems on what to write inside the operative clauses, though.

[Separatist Peoples]

The Star Empire of Ainocra would dispute the no boundaries in space clause.

That's a preambulatory clause and thus can be removed. We understand the history of the Arconian Empire and Ainocra, and we value it too.

I'm having problems on what to write inside the operative clauses, though.

OOC: Then thats something you ought to work out before you do much more posting. I don't recall the author of Laws of the Sea, but requesting use of their work to avoid plagiarism might help, especially if your goal is to make a "Laws of the SeaSpace" kind of law.

[Elke and Elba]

That's a preambulatory clause and thus can be removed. We understand the history of the Arconian Empire and Ainocra, and we value it too.

I'm having problems on what to write inside the operative clauses, though.

OOC: Then thats something you ought to work out before you do much more posting. I don't recall the author of Laws of the Sea, but requesting use of their work to avoid plagiarism might help, especially if your goal is to make a "Laws of the SeaSpace" kind of law.

Well you see, I don't intend to use Law of the Seas. Some nations use cubits rather than nautical miles.

Hence the delay.

EDIT: IE - I need to set a framework (and research one) to use on. I don't think arbitrary miles and meters as you have managed to say, works.

If this goes on well, we might go on a R&R on Law of the Seas.

[Abacathea]

Hmmm, I actually quite like the idea here. It's something that hasn't really been legislated on and something I think would prove quite positive for the assembly.

I have some idea's that might be workable for it if you're intruiged. Toss me a TG at some point if you feel like it

[Bears Armed]

OOC: When I started reading this thread I was initially, as the author of ‘Law of the Seas’, going to give you permission to adapt from that resolution for this purpose… until I saw how casually you talked about trying to R&R that law. I might still be persuaded to let you use unaltered lmaterial from LotS, but can you actually persuade me that your potential replacement would be any better? Would you care to explain exactly how you would set non-"arbitrary” distances for territorial waters, bearing in mind that the old (RL) gunshot-range limit won’t work very well now that many nations possess weapons that could strike targets anywhere on the worlds concerned (and maybeso even on other worlds, too) and that using the edges of the continental shelves as a boundary would — to phrase it colloquially — “screw over” those nations that are actually based on oceanic islands instead? At least the distances set in LotS are derived from those used, and apparently working reasonably well, in modern-day RL…

[Bears Armed Mission]

OOC: After discussion by TG, EnE now has my permission to adapt material from LotS for this purpose and is dropping the idea of R&R-ing LotS.

[Elke and Elba]

OOC: After discussion by TG, EnE now has my permission to adapt material from LotS for this purpose and is dropping the idea of R&R-ing LotS.

Thank you.

[Elke and Elba]

"This could be very effective. If you don't use arbitrary numbers like Law of the Seas did, and you make sure nations have total authority over their airspace, then I don't see why this won't become very popular legislation. I plan to observe this very closely, ambassador."

I wanted to do this at first, but that would mean repealing Law of the Seas and writing this to get everything to fall in nicely.

No sir, it's too time-consuming for EnE.

(Then again, if this passes, someone would have to write 4(!) resolutions to change both this and the Seas one.)

[Elke and Elba]

Suggestion:

CLARIFIES that nothing in this resolution applies to the outer space, extrasolar space or extragalactic space, and affects only space of an terrestrial object to the altitude of 54 nautical miles.

[Sierra Lyricalia]

Suggestion:

CLARIFIES that nothing in this resolution applies to the outer space, extrasolar space or extragalactic space, and affects only space of an terrestrial object to the altitude of 54 nautical miles.

If you're looking to avoid arbitrary numbers, I suggest something like "...affects only space above a WA member nation's planetary or lunar footprint up to 90% of the altitude necessary for the lowest possible stable orbit around the astronomical body on which that nation sits." That way you avoid the unit question altogether, and other nations still have the right to use orbital space legitimately, but may not drop into sovereign airspace.

[Chester Pearson]

If you're looking to avoid arbitrary numbers, I suggest something like "...affects only space above a WA member nation's planetary or lunar footprint up to 90% of the altitude necessary for the lowest possible stable orbit around the astronomical body on which that nation sits." That way you avoid the unit question altogether, and other nations still have the right to use orbital space legitimately, but may not drop into sovereign airspace.

No! Then we run into another retarded definition like we have in On nuclear Testing.....

[Sierra Lyricalia]

No! Then we run into another retarded definition like we have in On nuclear Testing.....

Are you referring to GAR #119 "Nuclear Testing Safety?" Because that resolution's language seems more or less ideal for what it wants to accomplish. Simply because some nations have no ambitions in space does not justify pretending it isn't there. Do you have a better idea for a non-arbitrary upper airspace boundary definition?

[Wrapper]

We have a suggestion or two:

-- Your "STATES" clause adequately covers when nations' airspaces overlap... on a sea border. What about landlocked nations?
-- For the "CLARIFIES" clause: A "nautical mile" is strictly a surface measurement. On Earth, it's the length of one minute, or 1/60th of a degree, which in turn is 1/360th of the average circumference of the Earth, making it an ideal measurement for distances across water. Altitude is almost always measured in feet for airplanes, or miles (sometimes kilometers) for satellites.

[Hakio]

By the way, if you're trying to emulate our newest drafts with the parentheses at the end here's a tip. The number we put in the parentheses is the current version of the draft, you know first draft, second draft, third etc. Good idea for a resolution also.

[Separatist Peoples]

"Clauses b and c look clunky. How about:

b) Airspace that is not controlled by a member state due to such airspace being beyond 24 nautical miles of a member state's border shall be considered "International Airspace"
c) A member state's airspace jurisdiction extends to all aircraft registered in that nation while in International Airspace

[Elke and Elba]

We have a suggestion or two:

-- Your "STATES" clause adequately covers when nations' airspaces overlap... on a sea border. What about landlocked nations?
-- For the "CLARIFIES" clause: A "nautical mile" is strictly a surface measurement. On Earth, it's the length of one minute, or 1/60th of a degree, which in turn is 1/360th of the average circumference of the Earth, making it an ideal measurement for distances across water. Altitude is almost always measured in feet for airplanes, or miles (sometimes kilometers) for satellites.

Ah, good point on the first one.
As for the second, I'm just going to put 100 kilometers and confuse the hell out of everyone

[Wrapper]

As for the second, I'm just going to put 100 kilometers and confuse the hell out of everyone

Well, for earth that would be fine, because "low earth orbit" satellites are from about 150km out. On other planets... eh, you don't want to go there, do you?

[Elke and Elba]

By the way, if you're trying to emulate our newest drafts with the parentheses at the end here's a tip. The number we put in the parentheses is the current version of the draft, you know first draft, second draft, third etc. Good idea for a resolution also.

I used to do that (see Radiowaves and Microwaves Act), but I find it rather useless since I don't have the time to copypasta everytime.

Hopefully, people do see the changes. I'm presuming they re-read it everytime they comment (and I would probably note it down if I edited anything).

Not to mention, it was a bit blatant to say as if you were the one who came out with that specific 'format'.

[Elke and Elba]

Problem on altitude solved.

Now to let draft 1/1 sit again and wait for more replies.

[Wrapper]

Reading and re-reading... landlocked nations resolved? Ah, took a few moments but now we see what you did there, yes, very good.

We do notice that you make reference to a "clause 3" and a "clause 4" but the clauses are not numbered. Assuming "clause 3" refers to the "ACKNOWLEDGES" clause and "clause 4" refers to the "FURTHER ACKNOWLEDGES" clause, yes?

[Separatist Peoples]

"So...why is our airspace defined by our land border, and not our oceanic border? I don't see how that is any less our territory."

[Elke and Elba]

"So...why is our airspace defined by our land border, and not our oceanic border? I don't see how that is any less our territory."

Err, no?

The Acknowledges clause makes it for definite that anything within your land border is yours.
The Further Acknowledges clause defines with sea borders etc. etc.

The entire resolution's makeup and definition of borders etc, are all exactly the same as in Law of the Seas, as kindly provided by the urrsish delegate.