China’s ‘near space’ legal warfare

In February 2023, a United States Air Force fighter jet shot down a Chinese high-altitude balloon flying at about 60,000-65,000 feet (18-20 km) altitude in sovereign U.S. airspace. After the event, some commentary suggested that the incident raised questions about the supposedly ambiguous or unsettled legal status of high-altitude airspace, sometimes referred to as “near space.” Later that year, other media reports hinted that China was establishing a “Near Space Command” as a new force within the People’s Liberation Army. Many countries, including the U.S., have sponsored research into the military potential of near space. However, China’s interest in near space is not limited to operational matters; there is a legal aspect to it as well. China’s narrative about near space appears to be an expression of its doctrine of legal warfare. Understanding China’s intent for a legal warfare narrative first requires an understanding of the law as it actually is in the place concerned.