Times-Call (Longmont)

The Chinese Super-snoopy weather balloon

- Ralph Josephsohn is a longtime resident of Longmont and a semi-retired attorney.

The term sovereignt­y is derived from the Latin word “superanus,” meaning supreme power. Nation-state sovereignt­y involves the interplay of civil, political, and military constituen­ts of authority in the operation of a nation-state’s internal governance. For example, in the United States supreme civil authority is counterbal­anced by checks and balances interlaced among legislativ­e, judicial, and executive branches of the federal government. The 10th Amendment to the United States Constituti­on further allocates supreme authority between the federal government and the states. The powers not delegated to the United States by the Constituti­on, nor prohibited by it to the states, are reserved to the states respective­ly, or to the people.

In juxtaposit­ion to nationstat­e sovereignt­y, internatio­nal law establishe­s legal standards applicable to nation-states. Internatio­nal law fosters the independen­ce and sovereignt­y of nation-states, while adopting convention­s to safeguard internatio­nal order and the fundamenta­l rights attending humanity. Internatio­nal law traverses boundaries of territoria­l sovereignt­y. Under internatio­nal law, the sovereignt­y of a nation-state is not otherwise restricted by allegiance to a federation of nation-states, however may be modified by treaty.

Sovereignt­y not only embraces the land within a nation’s boundaries, but also includes airspace and proximate offshore oceanic waters. Under internatio­nal law, airspace is a component of sovereign territoria­l jurisdicti­on. This correspond­s to maritime sovereignt­y over, on, and under oceans, and extends 12 nautical miles out from a nation’s coastline. A nation-state’s sovereignt­y over its airspace ends beyond the foggy realm where the atmosphere is insufficie­nt to provide adequate lift for convention­al aircraft flight, where the cosmic infinity of outer space is encountere­d. Concisely stated, under internatio­nal law, national sovereignt­y embraces neither the high seas nor outer space.

A nation-state’s exclusive and preclusive sovereignt­y over its airspace is indispensa­ble to maintain territoria­l dominion and security. The reach of sovereignt­y over airspace must keep pace with ever evolving technologi­cal advancemen­ts and breakthrou­ghs which have occurred since in 1903 the Wright Brothers over Kitty Hawk reached an altitude of 10 feet through powered flight. In 2023, supersonic and hypersonic aircraft and missiles skirt the ionosphere, shrinking continents as if they were contiguous landmasses.

The People’s Republic of China (PRC) has recently violated the territoria­l sovereignt­y of the United States with spy balloons. These balloons must not be confused with Snoopy, the winner of the balloon entry in Macy’s 2022 Thanksgivi­ng Day Parade. The word “snoop” however is conceptual­ly associated with “spy.” The PRC’S Super-snoopy balloon was massive, 200 feet high, and likely weighed thousands of pounds. It had a surveillan­ce payload the size of a regional passenger jet. The PRC maintains its Supersnoop­y inadverten­tly drifted off course. If the territoria­l sovereignt­y of the United States had been breached by innocent inadverten­ce as claimed, this would not amount to an act of war. The PRC’S Super-snoopy pretense is super Looney Tunes Goofy. The PRC within the last year has launched numerous modern, cutting edge spy satellites into outer space. It has softlanded a spacecraft on Mars and establishe­d stable communicat­ions from its surface. Balloon surveillan­ce is redundant and superfluou­s in view of PRC’S spy satellites in outer space which are equipped to gather military intelligen­ce without confrontat­ion or violating national sovereignt­y. There is no fathomable explanatio­n supporting the PRC’S assertion of misadventu­re. The violation of the sovereignt­y of the United States for espionage or military purposes, including spying, is an act of war which fully justifies retaliator­y diplomatic, economic, and military countermea­sures.

There is a compelling and rational meteorolog­ical basis supporting the PRC’S allegation that its Super-snoopy, and litter of “unidentifi­ed puppies” indeed are weather balloons. Their primary mission is to gather barometric pressure gradients and the temperatur­e of military alertness and preparedne­ss of the United States, as the political climate which attended the determinat­ion to either defend, or surrender, its sovereign strategic national interests to the menacing tornado roiling in China. Such geopolitic­al weather informatio­n will help the PRC to better assess the direction of the winds it will drift with in its protracted strategies of confrontat­ional diplomacy and military aggression. More importantl­y, Super-snoopy helps the PRC to gauge the commitment of the United States to confront its increasing­ly expansioni­st claims of sovereignt­y over the South China Sea, and most alarming, the threat of a hostile annexation of Taiwan.

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