Is the Chinese balloon in U.S. airspace?
The U.S. government is talking about shooting down a Chinese balloon that is reportedly high above the mainland U.S… “Suspected Chinese spy balloon drifting over U.S. has surveillance part as big as multiple school buses” (CBS):
The balloon was flying at an altitude of about 66,000 feet, according to a U.S. official. It can be maneuvered but it is also subject to the jet stream, which could eventually push it out of U.S. airspace, the official said.
The balloon is not going to run out of fuel, since it has solar panels. The official also said that the balloon steers by rudder and is corkscrewing around to slow its progress over land, but the jet stream continues to move it on a trajectory across the U.S. The Pentagon is still considering ways to “dispose” of it but has “grave concerns” about the damage it would cause if it fell to Earth.
It’s laterally above the U.S. so it is in our airspace so we can shoot it down if we want to? Let’s check “The Vertical Limit of State Sovereignty” (Journal of Air Law and Commerce, 2007):
Because there is no agreed delineation between a state’s territory and free outer space, the vertical limit of state sovereignty is unsettled and each state is left to define the limits of its vertical sovereignty. However, no state has explicitly done this.
U.S. Secretary of State John Foster Dulles said “the question of the ownership of upper air is a disputable question…. What the legal position is, I wouldn’t feel in a position to answer because I do not believe that the legal position has even been codified ….”, Later in the same news conference, Secretary Dulles answered a question by saying, “Yes, I think that we feel [that the United States has the right to send balloons at a certain height anywhere around the globe], although .. .there is no clear international law on the subject.””
Conclusion
There is no international agreement on the vertical limit of state sovereignty.
State sovereignty should be limited to a low altitude–I recommend 12 nm [73,000′]
In other words, at 66,000′ it is an open question whether this balloon is in U.S. airspace. The limit of controlled airspace, in which it is possible to get a clearance from U.S. Air Traffic Control, is 60,000′ (the Davos crowd may be found at 51,000′ in their various late-model Gulfstreams).
From Twitter:
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