Yun Zhao on International Regulatory Regime for MegaConstellations: A Path to Equitable Access to Outer Space (Air and Space Law)

"International Regulatory Regime for MegaConstellations: A Path to Equitable Access to Outer Space"
Yun Zhao
Air and Space Law, Volume 50, Special Issue (2025) pp. 591 – 600
Published online: September 2025

Abstract: The deployment of mega-constellations, as a significant advancement in space technology and commercialization in the twenty-first century, calls for a comprehensive regulatory framework. This article examines the existing legal and policy landscape, identifies regulatory gaps and puts forward suggestions on how to come up with a cohesive international regulatory regime for mega-constellations to ensure the long-term sustainability of space activities. Given the difficulty of achieving a binding legal regime, a pragmatic approach should be adopted at the current stage in enacting guiding principles or concrete guidelines for the responsible deployment and operation of mega-constellations in the interim, laying a solid practical foundation for a binding regime in the future.

New Book Edited by Yun Zhao and Jędrzej Górski: Aviation Law and Governance - Navigating Global Challenges and Conflicts (Routledge)

Aviation Law and Governance - Navigating Global Challenges and Conflicts
Edited by Jędrzej Górski, Yun Zhao
Routledge
Published in February 2025
444 pp.

Book Description: Exploring the intricate relationship between law, economics, and global politics, this book examines the regulatory environment of the aviation industry.

Tracing the historical development of aviation law, the book has a particular focus on how economic polycentrism and the liberal international economic order have influenced the sector's regulatory framework. It discusses the aviation industry's responses to unforeseen global events, such as the COVID-19 pandemic and geopolitical conflicts, providing a detailed analysis of the legal mechanisms that ensure industry stability and resilience. Key topics include the role of arbitration in resolving disputes, the impact of international regulations, and the critical contributions of both public and private actors in shaping aviation law. Additionally, the book explores the challenges posed by new and emerging technologies, such as the increasing automation in aviation systems and the legal considerations surrounding cybersecurity in aviation operations. The collection also features diverse international case studies, offering practical examples of legal challenges and solutions in different contexts. By examining the intersection of various legal disciplines and the global nature of aviation, this comprehensive exploration not only reflects on past and present challenges but also provides forward-looking insights into the future of aviation law.

The book will be of interest to researchers in the field of air transport law and dispute resolution, offering a thorough understanding of the legal and economic complexities facing the industry today.

Herbert Loja on the Legal Status of the Airspace over an Indeterminate Territory: The Case of the Spratly Islands (J Territorial & Maritime Studies)

"Legal Status of the Airspace Over an Indeterminate Territory: The Case of the Spratly Islands" 

Herbert Aclan Loja (PhD Candidate)

Journal of Territorial and Maritime Studies

Summer/Fall 2017, Volume 4, Number 1, pp 7-31

Abstract: This paper proposes an alternative approach in addressing the legal status of the Spratly Islands and its superjacent airspace. The paper adopts the conceptual framework of territorial sovereignty indeterminacy first articulated in the case of Eritrea v. Yemen (1998) in determining the legal status of the Spratly Islands. Relevant provisions of the 1951 San Francisco Peace Treaty and pertinent United States of America (U.S.) archival records will be examined. The proposition that the Spratly Islands may have the status of an indeterminate territory possessed of an indeterminate territorial airspace finds strong support from the terms of Article 2(f) of the San Francisco Peace Treaty and from the behavior of the states parties particularly of the U.S. before, during, and after the conclusion of the treaty. The paper invites a reassessment of the foundation of the claimant states' territorial claims to the Spratly Islands based on ancient or historic title and res nullius. It advocates for a less adversarial way of pressing for the claims. This is the first instance where the concept of indeterminate territory is applied in examining the legal status of the Spratly Islands and its airspace.