In deterring North Korea from pursuing its space ambitions, the neighboring States may consider to advance a sovereignty argument that North Korea's overflying rockets have trespassed to their territorial airspace. The current UNSC Resolution-based arguments may not provide adequate deterrence because they are built upon a unilateral interpretation of the UNSC Resolutions and therefore lack legal persuasiveness. Currently, there is seemingly a strong international consensus favoring the demarcation line between airspace and outer space at approximately 100-120 kilometers above the sea level. As the North Korean rockets will likely overflow foreign territories when reaching to this altitude, a trespass claim should therefore have strong legal merits. Moreover, North Korea cannot raise a defense by claiming a right of innocent passage over foreign airspace, because such right does not exist as a customary international law. Even if such right exists, North Korea will be hard to rely on it because its overflying rockets are hardly 'innocent.'
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