The Limits Of National Sovereignty: An Analysis Of The Line Between Airspace And Space. Expanding On Space Law And Government (1963) By Andrew G. Haley

Andrew G Haley (19 November 1904 – 11 September 1966) was a renowned American lawyer who was instrumental in the development of modern space law. He and Dr. Theodore von Kármán together formed the Aerojet Engineering Corporation in 1942. Haley's seminal book "Space Law and Government" (1963) was written in the years after Sputnik, at the height of the Cold War, and several years prior to the signing of the Outer Space Treaty. In Chapter Four of his book, Haley recounts the essential arguments for establishing a scientific boundary, governed by the laws of physics and what he saw as the limits of current technology, between airspace and outer space. Haley argues that state sovereignty extends only to the point at which state interest exists, and that wherever space begins, it should not be subject to national jurisdiction. As part of the historical Haley Project, SCF Interns have updated and annotated chapters of his book. In this paper, we examine the arguments Haley made regarding how the law should demarcate between air and space. We note that Haley gives conflicting information regarding the calculation of the von Kármán line and what it is supposed to represent. Despite these ambiguities and subsequent critiques, the von Kármán line, largely through Haley's efforts, has become the prevailing, albeit pseudo-scientific, standard for defining the commencement of outer space in international law and practice.