STATE SOVEREIGNTY AND THE LEGAL REGIME OF HIGH-ALTITUDE PLATFORM STATIONS (HAPS)

Abstract

This article examines the legal regime of high-altitude platform stations (HAPS), unmanned stratospheric vehicles operating at altitudes of 18-25 km, from the perspective of international air law. The relevance of the topic is due to the technological development of stratospheric platforms and the lack of a clear upper boundary of air sovereignty in current international legal acts, which creates doctrinal and practical uncertainty regarding the applicable legal regime. The aim of the study is to substantiate the thesis that states retain full and exclusive sovereignty over the airspace at the heights of such platforms. The methodological basis of the study consists of formal-legal, comparative-legal, historical-legal, and systemic-structural methods, as well as doctrinal analysis. The study relies on the systematic interpretation of the 1944 Chicago Convention, the analysis of its annexes, and the provisions of the Radio Regulations of the International Telecommunication Union, as well as the study of international state practice and leading doctrinal concepts–spatial and functional approaches. The conclusion is substantiated that high-altitude platform stations can be classified as aircraft regardless of the approach used, fall under the jurisdiction of the territorial state, and require its explicit consent to perform flights. The incident involving a Chinese balloon over US territory in 2023 and the positions of several states confirm the existence of a stable legal conviction among states (opinio juris) in favor of maintaining state sovereignty over the stratosphere. The research results can be applied in the law-making activities of relevant international organizations and in the formation of national legislation. Based on the conducted research, proposals were formulated for states and international organizations to form a special international legal regulation in this field.