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Th e launch of the Soviet Sputnik in 1957 resulted in the emergence of two legal concepts concerning spacefl ight. Th e fi rst of them concerned harmless passage through airspace subjected to the sovereignty of states, the second recognition that at the height of the trajectory of a passage, space is no longer subject to the sovereignty of states (res omnium communis). In both cases, we are dealing with limiting the sovereignty of states. Th ese issues have not been resolved to this day. Th e practice of spacefl ight has confi rmed the freedom of spacefl ight, although it has not resolved the issue of the upper limit of airspace. It is worth emphasising, however, that the decisive factor for the development of space law was the customary law that arose in 1957, because states did not protest and tacitly accepted the principle of a harmless fl ight.

Limitations in the airspace sovereignty of states in connection with space activity