I confini fisici e giuridici fra lo spazio aereo e quello extra-atmosferico

Ancis, Luca

2019-01-01

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Abstract

Human adventure in space began more than sixty years ago. Things have been changed a lot since, and space activities are often carried out for purely commercial purposes. This has partly changed the terms of the issue of delimitation between airspace and extra-atmospheric space. The question was essentially settled in two ways. According to some, a clear separation is essential, whilst for others the divisive element between air and space law is the type of activity carried out. None of the solutions put forward so far has definitively solved the problem; therefore it is proposed to place the purpose of transport at the centre of the issue. It is pointless to regard the transfer of people or goods differently depending on whether or not the points of departure or arrival are located on the earth. This seems to be the way followed by the Italian legislature with the reform of art. 743 of the navigation code.