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Legal Aspects of the Utilization of Outer Space

Published online by Cambridge University Press:  21 May 2009

D. Goedhuis
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Extract

In an article published in this Journal in 1969, entitled “An Evaluation of the Leading Principles of the Treaty on Outer Space of 27th January 1967”, the present writer gave some consideration to the nature and content of the fundamental principles laid down in this Treaty viz. the principle of freedom of outer space for exploration and use and the principle of outer space including the Moon and other celestial bodies being not subject to national appropriation. Attention was drawn to certain ambiguities and inconsistencies in the text and to the difficulties in ascertaining the common intention of the authors of the Treaty.

Type
Articles
Information
Netherlands International Law Review , Volume 17 , Issue 1 , May 1970 , pp. 25 - 50
Copyright
Copyright © T.M.C. Asser Press 1970

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References

1 Professor Riphagen in a letter to the writer.

2 Article I, par. 2.

3 Article IV, par. 2.

4 Article IV, par. 2.

5 Article IV, par. 2.

6 Article XII.

7 Gorove, S.: “Interpreting Article II of the Outer Space Treaty”.Google Scholar

8 Mankiewicz: “Interventions with respect to Permanent Stations on the Moon”, Proceedings of the 11th Colloquium on the Law of Outer Space, October 17–18, 1968, New York.

9 Matte, N. M., “Aerospace Law”—London, 1969, p. 313.Google Scholar

10 Bückling, , “Flaggen auf dem Mond”, Zeitschrift für Luftrecht und Weltraumrechtsfragen, 1970 (1), p. 21.Google Scholar

11 Fawcett, : “The Politics of the Moon”, the World Today, 08 1969, volume 25, no. 8, p. 359.Google Scholar

12 Zhukov, : “Weltraumrecht” (translated from Russian), Berlin, 1968, p. 303.Google Scholar

13 Katzenbach, : “The Law in Outer Space”, published in “Space: Its Impact on Man and Society”, New York, 1963, p. 78.Google Scholar

14 Taubenfeld: “Space Law”, shortly to be published by the Chicago University Press.

15 See Vallat, F.: “The Outer Space Treaty”, The Aeronautical Journal of the Royal Aeronautical Society, 09 1969, p. 754.Google Scholar

16 Fawcett, J. E. S.: “The Politics of the Moon”, The World Today, Chatham House, 08 1969, p. 361.Google Scholar

17 Csabafi, A.: “Canada needs to insure its rights for ‘parking sites’ in outer space”.Google Scholar

18 Mankiewicz, : “Proceedings of the 11 th Colloquium on the Law of Outer Space”, 10 17–18, 1968, New York.Google Scholar

19 Cocca, : Reply to the Questionnaire to the members of the Space Law Committee of the I.L.A. of 12 11, 1969.Google Scholar

20 Gorove: “Interpreting Article II of the Outer Space Treaty”, Address before the 11th Colloquium on the Law of Outer Space, held in connection with the Congress of the International Astronautical Federation, October 17, 1968, New York.

21 Cheng, B.: “Le Traité de 1967 sur l'Espace”, Journal du Droit International, 1968, no. 3, p. 574Google Scholar; and Meyer in his reply to the Questionnaire to the members of the Space Law Committee of the I.L.A. of December 11, 1969.

22 Zhukov, : “Weltraumrecht”, Berlin 1968, p. 311.Google Scholar

23 H. J. Taubenfeld: “Space Law” to be published by the University of Chicago Press.

24 Yale University Press, 1963.

25 See Minutes of 112th Meeting of the Legal Sub-Committee, p. 7 and of the 113th Meeting, p. 8.

26 See Minutes of 115th Meeting, p. 4.Google Scholar

27 See Minutes of 115th Meeting, p. 6.Google Scholar

28 See U.N. Doc. A/AC.105/C.2/L.69.

29 See U.N. Doc. A/AC.105/C.2/L.45.

30 It is suggested that the following items must be entered in the registration.

(a). The registration number, which shall be composed of (i) the letter C followed by a dash; (ii) the mark of the registration service, chosen from among the symbols assigned by international telecommunications regulations as identifying radio call signals to the State or States exercising supervision over the service which keeps the register. This mark shall be followed by a dash; (iii) the registration mark, consisting of roman capital letters, arabic numerals or a combination of such letters and numerals. This mark must be clearly distinguishable from those reserved for aircraft or for distress or emergency signals.

(b). Where applicable, the name of the object.

(c). The name and address of the governmental or inter-governmental agency or non-governmental entity procuring the launching.

(d). The external specifications of the object, such as total weight, shape, dimensions, and external component parts.

(e). The law applicable to the object and to the persons carried in it when an inter-governmental agency or a group of national or juridical persons, referred to in sub-paragraph (c) hereof, procures the launching.

The draft convention envisages a situation where scientific and technical advances may necessitate the provision of the above requirements.

31 See Minutes of the 112th Meeting of the Legal Sub-Committee, p. 4.Google Scholar

32 See Minutes of the 112th Meeting of the Legal Sub-Committee, p. 4.Google Scholar

33 See Minutes of the 112th Meeting of the Legal Sub-Committee, p. 5.Google Scholar

34 See Minutes of the 112th Meeting, p. 8 et seq.Google Scholar

35 Already before the adoption of the Space Treaty a number of writers suggested the creation of an international agency. See f.i.: Jessup, and Taubenfeld, : “Controls for Outer Space”, New York, 1959Google Scholar; McDougal, , Laswell, and Vlasic, : “Law and Public Order in Space”, Yale University Press, 1963, p. 871Google Scholar; Lachs, : “The International Law of Outer Space”, Recueil des Cours de l'Académie de Droit International”, 113, 1964 III, p. 54Google Scholar; Yenks, : “Space Law”, London, 1965, p. 274Google Scholar; Sontag, : “Der Weltraum in der Raumordnung des Volkerrechts”, Berlin 1966, p. 185Google Scholar; the writer's “Reflections on the Evolution of Space Law”, Netherlands International Law Review, 1966 (2), p. 14a.Google Scholar

36 The Soviet writer Zhukov expresses the opinion that with the opening up of the Moon and other celestial bodies many questions will arise which will require coordination of the interested States. He refers in this context i.a. to the “Ausbeutung von Bodemschätzen”, see “Weltraumrecht” (translation from Russian), Berlin 1968, p. 305Google Scholar; the American writer Taubenfeld, referring to the potentially highly dangerous outcome of a competitive struggle with regard to appropriatable unique resources, considers that it might be rational, from the world point of view, to internationalize at least these resource bases of unique values, if any exist, and to avoid being “open” and “free”. In a world where major powers want to avoid confrontations, they may share that desire for peaceful development, even if this means some internationalization, but the question then becomes, for them, how to internationalize in one's own favor. (See “Space Law”, shortly to be published by the Chicago University Press).