The regulation of suborbital flights has been hindered by interminable discussions regarding the delimitation between airspace and outer space and the applicability of air or space law.187 This Article proposes the amendment of existing bilateral air services agreements between States as a first step towards the development of regulatory standards applicable to international suborbital flights. This conclusion is based on the established benefits of a bilateral agreement, which include approved routes and frequency, in addition to minimum standards for safety and security. The bilateral agreement could promote transparency by specifying the information required to be shared with the other State, such as the technical features of the craft, coordinates and route, and the duration in which it would operate in the receiving party's airspace. Further, the bilateral agreement could introduce a provision mandating registration of the vehicle, which would clearly identify which State is liable in case of damage under the Outer Space Treaty and the Liability Convention.
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