China’s ‘near space’ legal warfare

Abstract

Mr. Todd Pennington, an INSS Senior Research Fellow for Space Strategy and Policy, and Ms. Emmy Kanarowski, INSS Research Intern, published an op-ed in SpaceNews. This article examines China’s recurring narrative of "near space," the high-altitude zone between sovereign airspace and outer space, and its use as an instrument of the People’s Liberation Army’s (PLA) Legal Warfare doctrine. The authors trace the origins of China’s near space concept, including references in PLA publications and media, and analyze how it is used to shape perceptions of what activities are allowed above other nations. While international law does not recognize near space as a legally distinct domain, normalizing the term may influence operational and legal considerations in high-altitude airspace. The article highlights the strategic, legal, and policy implications for the United States and other states, offering insights into countering China’s narrative and maintaining clear rules for airspace and space governance.

Document Type

Op-Ed

Topic(s)

Chinese Military, International Law, Military Strategy, Strategic Competition

Region(s)

China, United States, Indo-Pacific

Publication Date

10-2-2025

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