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(quote) “But the USTRANSCOM paper admits that Cold War-era treaties governing the use of space provide little guidance as to whether an American rocket could bypass sovereign airspace concerns by cruising through outer space. “It remains unclear whether and how vehicles are subject to established aviation laws and to what extent, if any, these laws follow them into space for PTP space transportation,” reads one section. “Moreover, the lack of a legal definition of the boundary between air and space creates an issue of where the application of aviation law ends and space law begins.” The document does hint that part of SpaceX’s promise could be to leap over these concerns. Following a redacted discussion of a hypothetical military Starship’s legal status while in flight, USTRANSCOM noted: “This recovery places the Starship outside of altitudes typically characterized as controlled airspace.” https://theintercept.com/2022/06/19/spacex-pentagon-elon-musk-space-defense/
theintercept.com
Pentagon Explores Using SpaceX for Rocket-Deployed Quick Reaction Force
U.S. Transportation Command hopes Elon Musk’s SpaceX rockets could prevent the next Benghazi.