Space plane e voli suborbitali

Scientific and technological progress opens the way for the use of new vehicles for transport that can reach sub-orbital heights.
Private companies are investigating the possibility of using sub-orbital vehicles with advanced technologies to be used for commercial purposes and, in particular, for that sector of the market, called space tourism.
The experimentation of these types of vehicles and their possible commercial use poses new interesting questions that lawyers must face.
Can suborbital flight be considered space activity? Or should it be considered under aeronautical law? Is a spaceplane a space object or an aircraft? What are the protections for passengers? If, as it seems, a spaceport of departure is built in Italy, which international and national air navigation rules will apply, if any?