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Abstract As an important connection point for global integration, near space is a military strategic high point for achieving longterm aerial reconnaissance and global precision strikes. Having been affected by the controversy over the delimitation of air space and outer space, the regulatory rules for the near space flights still rely on the domestic legislation of some countries, and effective regulation and coordination have not yet been achieved at the international level. In the context of the legal status of near space undefined, the regulatory subject is unclear, the regulatory object is uncertain, the regulatory content is complex, and flight activities are controversial, and the existing international aerospace legal system is no longer able to meet the practical needs of adjusting such new relationships. Building a targeted regulatory system is not only the foundation for the orderly development of the industry, but also an important guarantee for ensuring national defense security and the development and utilization of near space resources.
Therefore, the regulation of near space vehicles requires collaborative efforts from state actors and international organizations. At the domestic legislative level, China can refer to the relevant content of the International Association for the Advancement of Space Safety (IAASS) Study Draft Convention on the Regulation of Near Space, either actively promoting the integration of near space rule into the institutional design of aviation or space law, or formulating a separate near space law. In order to achieve the coordination between ground national safety and existing aerospace activities, the revision of rules is required to focus on regulatory matters such as registration, access permit, and promulgation of near space vehicles, driving international legislation with domestic legislation.
From the perspective of global space security governance, the longterm solution to breaking the regulatory deadlock of near space flight activities lies in reaching a specialized international agreement on near space regulation. However, this plan currently faces numerous obstacles from politics, law, technology, and other aspects, and coordinating domestic legislation in various countries has become a potential breakthrough point. At the international legislative level, the International Civil Aviation Organization can play a leading role in promoting international cooperation in the innocent passage of near space, while either revising the relevant annexes to the Convention on International Civil Aviation or adding new annex standards for near space flights, in order to unify technical standards for near space flight vehicles and promote the construction of international unified rules.
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