Abstract:
Ambiguity of space delimitation leads to the concept of near space. Numerous controversies have arisen in the international community over the issue of jurisdiction in near space. Jurisdictional area disputes, as a foundational issue for other jurisdictional disputes, are centered on vertical and horizontal dimensions. Underlying sates, country of nationality and international organizations all have certain jurisdictional rights over near space activities. It is also prone to disputes over the rights of the various subjects of jurisdiction. Disputes over jurisdictional matters focused on the areas of flight activities, resource exploitation and use, and matters of universal jurisdiction. Different rule should apply in each area. Under the perspective of a community with a shared future for mankind, we need to take priority consideration over the four principles of peaceful use, sovereignty interests, security guarantees and international cooperation. These four principles should serve as the basic guidelines for settling jurisdictional disputes, constructing relevant mechanisms and even a system of rule of law in near space.