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Aviation History
1962
1962 - 2347.PDF
614 FLIGHT International, 11 October 196: Missiles and Spaceflight PROGRESS IN SPACE-LAW... forever." The Soviet position on outer space is linked to disarm ament based on fears similar to those which beset the young United States—which was also born out of revolutionary conflict. United Nations should be the agency for enforcing, policing and deter mining all issues affecting the welfare of mankind. Law and Peace for the Celestial Bodies by E. L. FASAN Because international law is based on the sovereignty of nations, the UN Resolution 1721 may appear to contain contradictions since it refers not only to the principles of international law being applicable in outer space, but also declares that celestial bodies are incapable of appropriation by anyone. This and other apparent contradictions can be resolved by regarding the words of the Resolution as special rules which override any other general principles of law. But other problems may remain, such as the right to claim any minerals or liquids mined or separated from a celestial body. The Future of Space Administration by F. GROSS The UN Resolution 1721 can only be implemented by the creation of a Supra-National Space Administration with power to enforce the laws established for space. National administrations may only undertake such tasks as are allotted to them by the supreme Space Administration in such a way that there is no discrimination in the common use of outer space. Communication Satellites and Free Enterprise by P. H. SAWITZ Because the present communication facilities in the USA are privately owned and communication satellites require extensive government assistance for their launching, the operation and regu lation of communication satellites in the USA will be carried out by means of a private corporation subject to considerable govern ment supervision and public ownership. [This has now been achieved by means of the Communications Satellite Act of 1962, approved by the President on August 31, 1962, after the paper was written.] Anarchy for Beginners by H. CAPLAN The commandment "Love thy neighbour as thyself" and the Ten Commandments contain all the principles necessary for writing detailed laws on Earth and in space, but neither they nor the signature of agreements can inhibit nations from warlike activities. Lawyers may destroy the value of the UN Resolution 1721 if they subject it to close legal analysis instead of using it as a passport to co-operation. There is no immediate need for demarcation between space law and other law, nor is it necessary to prescribe a vertical limit for national sovereignty. Although airspace may be the domain where exclusive national sovereignty exists, it will still be necessary to preserve and exercise sovereignty in order to control spacemen and space activities—and, one day, to create a UN Space Agency, which is effective extra-terrestrially. Anarchy already exists with the hundreds of objects now in orbit which can damage a space vehicle or kill a spaceman. Not all of these are officially listed for several reasons, e.g., they may be too small. Other hazards include the new radiation belts and may include satellites with undisclosed purposes. Points from the Speeches v. KOPAL (Czechoslovakia) So far as the socialist countries are concerned, the only way of preventing space from becoming a theatre of war is by means of general and complete disarmament on Earth. The view of the USSR was that space activities must be carried out exclusively by States and not by private individuals or organizations because of the political significance of such activities and the need to prevent the dissemination of warlike propaganda. w. A. HYMAN (USA) When lawyers themselves seem unable to follow simple rules for the conduct of meetings, who can be ex pected to respect what they say when prescribing rules for others to follow? We have already narrowly missed accidental interna tional incidents as a result of missile-launching incidents attribut able both to the US and the USSR. In addition, it is believed that a Russian ICBM directed into the Pacific passed within five miles of a Qantas airliner. The ultimate thing at stake in space is the survival of mankind. F. B. SCHICK (USA) The lack of any defined boundary between ait and space law facilitates the creation of functional rules to control space activities, but nations must retain legal responsibility for am results of harmful actions and this suggests that "peaceful" could be defined to mean "non-injurious" in terms of effect on other States. It is not necessary for there to be sanctions in order to enforce international agreements—e.g., the UPU operates withou. sanctions because a Postal Administration that did not conform would be deprived of the advantages of membership and confor mity. Action by two or three powers is insufficient to create a bas^ for customary law; it is necessary to create specific rules to deal with technical activities. M. s. SMIRNOFF Czechoslovakia) Appropriation of natural celestial bodies such as micro-meteorites which can be transported as a whole should not be prohibited. Although ideally all space operations should be carried out under the blue flag of the United Nations, it is likely that all immediate efforts will be national ones The question, therefore, may arise of whether a nation has the right to exclude others from any bases it may establish on the Moon ostensibly for safety reasons. Precise rules will be needed to avoid misunderstandings and a breach of the peace. So far we seem to have overlooked the possibility that we may meet other living beings in space who may have higher or lower cultures than our own —in either case the UN Charter will not be useful and we must rel\ on natural laws such as "Do not kill" or "Do not harm" others. MME GALINA OSNITSKAYA (USSR) It is likely to be some time before any agreement can be reached concerning an upper limit for exclusive sovereignty because nothing can limit the action of States in defending themselves. The most important problem is the ban ning of outer space for uses which are inimical to the nations and this awaits agreement on complete and total disarmament. Pro hibition of satellite spies would establish confidence between the States. Such rules as are evolved should not be too detailed because we lack sufficient knowledge of the possible warlike uses of space. Y. E. KOROVIN (USSR) The UN Resolution 1721 was not only a legal but a political foundation for the future. Celestial law must be based on the same principles as terrestrial law: that which is unlawful on Earth cannot be lawful in space. The USSR draft declaration of principles submitted to the UN legal subcommittee is not a final draft but is capable of revision. Although the demarcation of outer space is linked to complete and total disarmament, there are a great many important problems which can be dealt with meanwhile. R. K. WEITZL (USA) On a literal interpretation of Article 51 of the UN Charter, a nation's right of self-defence is only justified in the event of an actual attack. Both the US and the USSR have used space for non-peaceful purposes: it is difficult to see how military uses of space may be readily distinguished from other uses. but if national rights in space exist then peaceful co-existence should coincide with international law. H. CAPLAN (UK) Too many lawyers appear to suffer from the delusion that they are like Moses of old, and they alone have the Code for the Exploration of Space. The IISL should co-operate closely with the UN Committee to draft rules for specific activities. A. GEORGIAEV (Bulgaria) Our aim is to draw together all those who are most qualified to contribute by means of free discussion of all doctrines and viewpoints so that, out of the conflict of differences of opinion, truth is born. It was fortunate that there was a measure of co-operation between the USA and the USSR for without this, peace on Earth was impossible. One of the problems of the IISL in its future work was money, and it was hoped that this would soon be solved and that the central oganization would be able to function more efficiently. i. H. P. DE RODE-VERSCHOOR (Holland) One of the IISL working groups had already examined in some detail the problems involved in adapting the 1952 Rome Convention to spacecraft. For example, there should be a presumption of liability without any necessity of proving fault, but it was still not clear what was the precise nature of damages or injuries for which recovery should be obtained. Should there be an international fund for the payment of compen sation, and would the International Court of Justice be an appro priate forum to regulate disputes?
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