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- Preliminary Material
- Main Text
- Introduction
- Part I International Law and Space Law
- 1 In the Beginning: the International Geophysical Year
- 2 International Law and High Altitude Flights: Balloons, Rockets, and Man-made Satellites
- 3 From Air Law to Space Law
- 4 International Co-operation and Control: from Atoms to Space
- 5 The Extraterrestrial Application of International Law
- Part II The United Nations and Outer Space
- 6 The United Nations and Outer Space
- 7 United Nations Resolutions on Outer Space: 'Instant' International Customary Law?
- I Introduction
- II United Nations and Outer Space
- III Resolution 1721 (XVI)
- IV The Outer Space Committee
- V Treaty Versus Resolution
- VI Superpower Dominance
- VII Binding and Non-Binding Declarations
- VIII Effects of General Assembly Resolutions
- IX 'Instant' International Customary Law?
- X Resolutions 1721A and 1962
- XI Conclusions
- 8 The United Nations and the Development of International Law Relating to Outer Space
- I Introduction
- II Achievements to Date
- A Resolutions
- B Treaties
- 1 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, 27 January 1967.
- 2 Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 22 April 1968.
- 3 Convention on International Liability for Damage Caused by Space Objects, 29 March 1972.
- 4 Convention on Registration of Objects Launched into Outer Space, 14 January 1975.
- 5 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, 18 December 1979.
- III Procedure
- IV Resolutions v. Treaties
- V The Legal Status of General Assembly Resolutions and the Nature of General International Law
- A International Norms in 'Their Infinite Variety'
- B Norms Outside the International Legal System
- C International Law is Exclusively a Law of International Persons, made by International Persons, for International Persons
- D Treaties and General International Law Distinguished
- E The International Legal System and General International Law Distinguished
- F Nature of General International Law
- G The Essence of General International Law
- H The Formation of Rules of General International Law
- I The Metamorphosis of Treaty Provisions into Rules of General International Law
- J Instant General (alias 'Customary') International Law and General Assembly Resolutions
- VI Conditions Governing International Rule-Making
- Part III United Nations Treaties on Outer Space
- 9 The 1967 Space Treaty
- I Introduction
- II The Background
- III The Negotiations
- IV Cosmographical Scope and Definitions
- V The Legal Regime of Outer Space and Celestial Bodies
- A The Extraterrestrial Application of International law
- B Res Extra Commercium
- C Jurisdiction of the State of Registry
- D Rights of Ownership and Exploitation
- E 'Exploration and Use for the Benefit of All Countries'
- F International Responsibility of States for Activities in Space and International Liability for Damage Caused
- G International Organizations
- VI Partial Demilitarization of Outer Space and Non- Militarization of Celestial Bodies
- VII International Co-operation and Mutual Assistance
- VIII Relationship with other Agreements and Amendment
- IX Conclusion
- 10 The 1968 Astronauts Agreement
- I Introduction
- II The Background
- III The Preliminary Phases of Negotiations
- IV The Critical Phase of Negotiations: a Common Pattern Followed
- V Space Powers v. Non-Space Powers
- VI Obligations of Contracting States
- VII Duties of Launching Authority
- VIII Some General Observations
- IX How Not to Make a Treaty
- 11 The 1972 Convention on International Liability for Damage Caused by Space Objects
- I Introduction
- II Some Instances of Damage Caused by Space Objects
- III The Long Haul Towards an Agreement
- IV Some Drafting Points
- V Scope of the Liability Convention
- VI Basis of Liability
- VII Joint and Several Liability
- VIII Measure of Compensation
- IX Assistance to Victim State Facing Large-Scale Danger
- X Presentation of Claims
- XI Third-Party Settlement of Claims
- XII Conclusion
- 12 The Moon Treaty: Agreement Governing the Activities of States on the Moon and other Celestial Bodies within the Solar System other than the Earth
- I Introduction
- II The Drafting History
- III Scope of the Agreement
- IV The Common Heritage of Mankind
- A The Hub of the Agreement
- B International Law, Peace, Security, Co-operation, Understanding, Well-being, Progress and Development
- C Non-militarization
- D Non-appropriation
- E Freedom of Scientific Investigation
- F Freedom of Exploration and Use Without Discrimination
- G Freedom to Establish Manned and Unmanned Stations
- H Legal Status of Personnel, Space Vehicles, Equipment, Facilities, Stations, and Installations
- I Various Duties of States Parties
- J State Responsibility for National Activities
- K Mutual Supervision
- L An International Regime
- M Liability for Damage Caused
- V Some Concluding Remarks
- 9 The 1967 Space Treaty
- Part IV Outer Space, Astronauts, and Space Objects
- 13 Outer Space: The International Legal Framework—the International Legal Status of Outer Space, Space Objects, and Spacemen
- I The Legal Status of Outer Space and of Celestial Bodies and the Definition and Delimitation of Outer Space under General International Law
- A A Matter of International Law
- B The Nature of International Law
- C The Personal Scope of the Rules of the International Legal System
- D The Cosmographical Scope of the Rules of the International Legal System
- E Territorial Delimitation of State Competence: a Prime Function and a Major Premise of International Law
- F Nature, Scope, and Limits of State Jurisdiction
- G Functional versus Spatial Delimitation of Outer Space
- H The Legal Status of Outer Space and Celestial Bodies under General International Law
- I United Nations General Assembly Resolutions
- J Effect of Multilateral Treaties on General International Law
- K Demarcation of Outer Space from National Airspace
- L The Geostationary Orbit
- II The Legal Status of Outer Space and Celestial Bodies Under Multilateral Treaties
- A The 1967 Space Treaty
- 1 The Extraterrestrial Application of International Law and of the Charter of the United Nations.
- 2 Prohibition of Appropriation of Outer Space or Celestial Bodies.
- 3 Freedoms of Scientific Investigation, Exploration, Use, and Access.
- 4 Promotion of International Co-operation.
- 5 The Benefit and Interests of all Countries.
- B The 1979 Moon Treaty
- 1 The Moon and Celestial Bodies within the Solar System Declared the Common Heritage of Mankind.
- 2 International Law, Peace, Security, Co-operation, Understanding, Wellbeing, Progress, and Development.
- 3 Non-militarization.
- 4 Non-appropriation.
- 5 Freedom of scientific investigation.
- 6 Freedom of Exploration and Use Without Discrimination.
- 7 An International Regime.
- A The 1967 Space Treaty
- III The Demilitarization of Outer Space and of Celestial Bodies
- IV The Legal Status of Space Objects and of Spacemen
- Annex Problem to be Examined
- I The Legal Status of Outer Space and of Celestial Bodies and the Definition and Delimitation of Outer Space under General International Law
- 14 The Legal Regime of Airspace and Outer Space: the Boundary Problem Functionalism versus Spatialism: the Major Premises
- I Introduction
- II A Matter of International Law
- III The Nature of International Law
- IV Personal Scope of International Law
- V The Cosmographical Scope of International Law
- VI Territorial Delimitation of State Competence a Prime Function and a Major Premise of International Law
- VII Nature, Scope, and Limits of State Jurisdiction
- VIII The Policy Behind, and Function of, International Law's Spatialism
- IX Functional versus Spatial Delimitation of Outer Space
- X The Limit Between Outer Space and Territorial Space
- XI The 1979 Soviet Working Paper
- XII The Geostationary Orbit
- 15 The Legal Status of Astronauts
- 16 Legal Status of Spacecraft, Satellites, and Space Objects
- 17 Nationality for Spacecraft?
- I Subjects and Objects of International Law
- II Territories and Territorial Sovereignty
- III The Distribution of Objects of International Law among Subjects of International Law and International Law's Major Premises
- IV The Concept of Nationality
- V Nationality and the Three Types of State Jurisdiction
- VI The Two Elements of State Jurisdiction
- VII Space Objects and Nationality
- VIII The UN Sponsored Treaties on Space
- IX Inconsistencies, Ambiguities, and Pitfalls
- X Re-thinking Required
- XI Nationality for Space Objects
- 18 Definitional Issues in Space Law: 'Space Objects', 'Astronauts', and Related Expressions
- I Introduction
- II 'Space Objects' and Related Expressions
- A 'Space Objects' and 'Objects Launched into Outer Space'
- B 'Non-Space Objects' Launched into Outer Space?
- C 'Object' versus 'Space Object'
- D 'Outer Space' versus 'Earth Orbit and Beyond'
- E Where is Outer Space?
- F From What Moment?
- G Non-Man-Made Space Objects?
- H 'Space Vehicles' and 'Spacecraft'
- I Space Objects and Paraphernalia
- J Objects Landed or Constructed on a Celestial Body
- K Until What Moment?
- L Non-functional Objects and Debris
- III 'Astronauts' and Related Expressions
- IV Conclusions
- 13 Outer Space: The International Legal Framework—the International Legal Status of Outer Space, Space Objects, and Spacemen
- Part V Military Use of Outer Space
- 19 Definitional Issues in Space Law: the 'Peaceful Use' of Outer Space, including the Moon and other Celestial Bodies
- 20 The Military Use of Outer Space and International Law
- I Preliminary Observations
- II Relevant Rules of General International Law
- III Treaties Restricting the Military Use of Outer Space
- A The 1963 Partial Nuclear Test Ban Treaty
- B The 1967 Space Treaty
- C The 1977 Geneva Convention on the Prohibition of Military or any other Hostile Use of Environmental Modification Techniques
- D The 1979 Moon Treaty
- E The 1972 Treaty between the United States and the Soviet Union on the Limitation of Anti-Ballistic Missile Systems (ABM Treaty), and the 1974 Protocol
- IV Concluding Remarks
- Part VI Commercial Uses of Outer Space and International Law
- 21 Communications Satellites
- I Introduction
- II Types and Systems of Communications Satellites
- III The US Communications Satellite Act of 1962 and the Establishment of Comsat
- IV INTELSAT: The Interim Arrangements
- V INTERSPUTNIK
- VI INTELSAT: the Definitive Arrangements
- VII Direct Broadcast Satellites
- VIII Some General Legal Problems
- IX Postlude
- 22 Legal and Commercial Aspects of Data Gathering by Remote Sensing
- I Introduction: Remote Sensing in Perspective
- II Hitherto a State's Territory is its Castle
- III The EEZ and the Continental Shelf: the Scramble for Natural Resources, and the Exclusive Right to Explore and Exploit Them
- IV Arrival of the Space Age: Roof Ripped off the Castle?
- V Data Gathering from Outer Space under General International Law
- VI Three Qualifications
- VII Remote Sensing: Capability and Uses
- VIII Commercialization and Commercial Prospects
- IX United Nations Principles on Remote Sensing
- 23 International Responsibility and Liability for Launch Activities
- 24 International Responsibility and Liability of States for National Activities in Outer Space, Especially by Non-governmental Entities
- I Introduction
- II Jurisdiction
- A Relevance of State Jurisdiction
- B Types of State Jurisdiction
- C Elements of State Jurisdiction
- D Concurrence and Hierarchy of Jurisdictions
- E Possible Confusion in Existing Space Law
- F The 1967 Space Treaty
- G The 1968 Astronauts Agreement
- H Jurisdiction under the 1975 Registration Convention
- I Article II(2) of the Registration Convention
- J The 1979 Moon Treaty
- III International Responsibility and the Appropriate State
- IV Liability for Damage Caused by Space Objects
- V Assessment of The International Law Situation and its Consequences
- VI Need to Extend Domestic Laws to Space
- 25 The Commercial Development of Space: the Need for New Treaties
- I Introduction
- II Relevance of International Law for Commercial Space Activities
- III Where Begins Outer Space?
- IV Need to Delimit Airspace
- V Need to Regularize Status of Space Objects in Foreign Airspace
- VI Urgent Need to Clarify a Number of other Terms and Concepts
- VII Peaceful Purposes
- VIII Status of Space Objects
- IX Space Objects and Jurisdiction
- X Who is Responsible for Whom and What Under Article VI of the Space Treaty?
- XI Extension of National Laws to Space
- XII Dispute Settlement, International Civil Space Organization, and an International Regime for the Moon?
- XIII Conditions Governing International Rule-Making
- 21 Communications Satellites
- Epilogue
- Further Material
- Appendix
- Appendix
- I Treaties Relating to Outer Space Concluded under the Auspices of the United Nations
- 1 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space Including the Moon and Other Celestial Bodies. London, Moscow, and Washington, 27 January 1967.
- 2 Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space. London, Moscow, and Washington, 22 April 1968.
- 3 Convention on International Liability for Damage Caused by Space Objects. London, Moscow, and Washington, 29 March 1972.
- 4 Convention on Registration of Objects Launched into Outer Space. New York, 14 January 1975.
- 5 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. New York, 18 December 1979.
- II United Nations General Assembly Resolutions Adopting Principles on the Exploration and Use of Outer Space
- 1 International Co-Operation in the Peaceful Uses of Outer Space
- 2 Question of General and Complete Disarmament
- 3 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space
- 4 Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting.
- Annex Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting
- A Purposes and objectives
- B Applicability of international law
- C Rights and benefits
- D International co-operation
- E Peaceful settlement of disputes
- F State responsibility
- G Duty and right to consult
- H Copyright and neighbouring rights
- I Notification to the United Nations
- J Consultations and agreements between States
- Annex Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting
- 5 Principles Relating to Remote Sensing of the Earth from Outer Space
- 6 Principles Relevant to the Use of Nuclear Power Sources in Outer Space
- Principle 1 Applicability of international law
- Principle 2 Use of terms
- Principle 3 Guidelines and criteria for safe use
- Principle 4 Safety assessment
- Principle 5 Notification of re-entry
- Principle 6 Consultations
- Principle 7 Assistance to States
- Principle 8 Responsibility
- Principle 9 Liability and compensation
- Principle 10 Settlement of disputes
- Principle 11 Review and revision
- I Treaties Relating to Outer Space Concluded under the Auspices of the United Nations
- Appendix
- Bibliography
- Index
- Appendix
- [3.214.216.26]
- 3.214.216.26
