Research on the Current Status of Legal Regulation of Commercial Activities in Near Space

The large-scale development of commercial activities in near-space poses a systemic challenge to the traditional aerospace legal framework. This study analyzes the legal challenges posed by the physical characteristics of near-space activities. It reveals three institutional shortcomings: mismatched regulatory authority, lack of behavioral regulation standards, and dysfunctional liability protection mechanisms. To address legal application conflicts and rule adaptation gaps, this study proposes the construction of a highly layered regulatory system to clarify sovereign boundaries, the formulation of technology-oriented behavioral guidelines to adapt to dynamic operational characteristics, and the innovation of multi-level liability protection mechanisms to address cross-border relief obstacles. By restructuring airspace classification rules, establishing a dynamic airworthiness framework, and creating a layered compensation system, this study aims to form an adaptive regulatory paradigm that balances technological innovation and risk management, providing theoretical support for the legal governance system in the era of aerospace integration.

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Publication Details

Journal
JOURNAL OF COMMERCIAL LAW REVIEW
Published
2025-01-01
DOI
https://doi.org/10.47297/wspjclrwsp2516-249703.20250903
Primary Topic
Space exploration and regulation
Type
article
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article

Research on the Current Status of Legal Regulation of Commercial Activities in Near Space

Jin Cui, He Xiaoyan, Wenbo Li
JOURNAL OF COMMERCIAL LAW REVIEW
Space exploration and regulation
article

Research on the Current Status of Legal Regulation of Commercial Activities in Near Space

Jin Cui, He Xiaoyan, Wenbo Li
article en

Abstract

The large-scale development of commercial activities in near-space poses a systemic challenge to the traditional aerospace legal framework. This study analyzes the legal challenges posed by the physical characteristics of near-space activities. It reveals three institutional shortcomings: mismatched regulatory authority, lack of behavioral regulation standards, and dysfunctional liability protection mechanisms. To address legal application conflicts and rule adaptation gaps, this study proposes the construction of a highly layered regulatory system to clarify sovereign boundaries, the formulation of technology-oriented behavioral guidelines to adapt to dynamic operational characteristics, and the innovation of multi-level liability protection mechanisms to address cross-border relief obstacles. By restructuring airspace classification rules, establishing a dynamic airworthiness framework, and creating a layered compensation system, this study aims to form an adaptive regulatory paradigm that balances technological innovation and risk management, providing theoretical support for the legal governance system in the era of aerospace integration.

JOURNAL OF COMMERCIAL LAW REVIEWVol. 9(3)
Openalex Percentile: Top 77%
Space exploration and regulation
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Research on the Current Status of Legal Regulation of Commercial Activities in Near Space — Jin Cui, He Xiaoyan, et al. · JOURNAL OF COMMERCIAL LAW REVIEW (2025) | TGRS Research Map | TGRS