USA attack on China Balloon an act of war. Has criminality too

Sovereignty law does not include 58,000 ft.

International laws pertaining to airspace sovereignty cover the troposphere only. That is where 99 percent of the Earth’s water vapor is found and where to some extent, breathing is possible. The stratosphere is not protected sovereign territory. This is the edge of space where the China scientific-research balloon was operating when American fighter planes launched missiles to destroy the expensive Chinese universities’ and probably government’s equipment.

“The troposphere is the lowest layer of our atmosphere. Starting at ground level, it extends upward to about 10 km (6.2 miles or about 33,000 feet) above sea level. We humans live in the troposphere, and nearly all weather occurs in this lowest layer,” according to the U.S. National Center for Atmospheric Research, a major facility sponsored by the U.S. National Science Foundation, managed by the University Corporation for Atmospheric Research.

Attack on China balloon illegal

Biden attack on China Research Balloon has criminality and is act of war. Sovereignty law does not apply to stratosphere at 58,000 ft. Photo credit: Chad Fish/AP | Photo is cropped. Art/Cropping/Enhancement: Rosa Yamamoto / Feminine-Perspective-Magazine.

Donald Rothwell, a leading expert in international law writes in ‘American shoot-down of China Balloon was illegal‘, saying that “both sides have long disagreed over the presence of US warships in the South China Sea and Taiwan Strait, which China claims as its own waters and the US considers international waters. Will the stratosphere be the next realm to be contested by the two superpowers?”

According to the Journal of Air Law and Commerce there is no such sovereignty law covering the stratospheric altitude level of the Chinse scientific research balloon that the USA destroyed over the Atlantic Ocean. American sovereignty claims can only legally extend to around 33,000 feet ASL. The Chinese balloon was at 58,00 feet ASL when Joseph Biden ordered it destroyed and between 60,000 feet and 75,000 feet before that time.

The Chinese balloon was destroyed by an AIM-9X Sidewinder war missile fired from a U.S. Air Force F-22 Raptor off the coast of Surfside Beach, South Carolina, on 4 February at 2:39 pm local time.

“Another issue raised by the absence of an international definition of the space boundary is liability for space activities. Vehicles operating at high altitude, but not in orbit, may not be covered by either the Convention on INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS (the Liability Convention) or the Convention for International Carriage by Air (the Montreal Convention), so parties presumably would have to use domestic tort law to determine liability. As more vehicles operate in the upper atmosphere, liability claims are likely to increase. An international agreement that “space” begins above a certain altitude could provide certainty for liability by defining the term “space object.” If a space object caused damage on the ground or to aircraft in flight, the liability convention would apply, and the absolute liability it provides would come into play.18 Other international agreements also could benefit from a precise delineation of vertical sovereignty. For example, the Preliminary Draft Protocol on Matters Specific to Space Assets, prepared by the International Institute for the Unification of Private Law (UNIDROIT) as a protocol to the Convention on International Interests in Mobile Equipment (opened for signature on 16 November 2001), does not define space, although this term is pivotal in determining the application of the protocol.” The increased activity in the upper atmosphere (or in near space) should be governed by uniform international rules. For safety reasons, it would be beneficial to have uniform standards similar to those that exist for operations in the lower atmosphere. Uniformity is “more often than not a precondition for safety. ‘One possibility would be to have the International Civil Aviation Organization (ICAO) develop these standards as it does for operations in international airspace. Finally, states must know the limits of other states’ sovereignty to avoid conflict along the borders. The time has come to settle this gap in the law.” Citing: Journal of Air Law and Commerce.


Fareed Zakaria now worries that, “When a nation goes into collective hysteria, bad things happen.” He suggests America needs to try and have “an adult relationship with China.”

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Feminine-Perspective Magazine is published by The RINJ Foundation which is vehemently opposed to the patriarch’s jingoism and war. All wars harm women and children far more than they harm the evil men who start these wars and keep them going. Caring, sharing, love, forbearance, dialogue-not acrimony, not lies but truth: these are the attributes of those who favour peace.