13. How is the status of artificial satellites actually regulated in international law? (Zadorozhnyi) 14. What legal implications might arise from the building of an artificial satellite part way between the earth and the moon which might be used both as a kind of stopover point for trips to the moon and-perhaps more significantly--as a watchtower for observing the earth? (Jacobini) 15. What happens (in law) if, for instance, Russianlaunched satellites begin photographing the United States with some futuristic "souped up" camera capable of recording minute details from extremely high altitudes? (Yeager and Stark) 16. Can the Russians, if they are the first to learn the technique for retrieving an object from space, capture our satellite, take it to scientific laboratories in Moscow for study, and, when we object, set up a claim of legal title to it? (Hogan) 17. What happens (in law) if a space vehicle enters the earth's atmosphere and does not disintegrate? (Aaronson) 18. If the satellite is registered, is the state whose flag it bears responsible for seeing that no damage is caused? (Ibid.) 19. If so, has the injured party a remedy against that state? (Ibid.) 20. Since the satellite is launched by state-owned installations, does that mean that it is vested with privileges and immunities in the same way as state-owned ships? (Ibid.) 21. Is the state-owned installation a body against which legal action for redress can be taken? (Ibid.) 22. If not, can one implead the state concerned? (Ibid.) 23. If so, can a judgment be enforced against the property of that state or must it be restricted to negotiations through diplomatic channels? (Ibid.) 24. Is the risk so great that, if a satellite or the like falls down anywhere and does any damage, the country responsible for its launching is bound to pay the dam ages, or should you say that there is no liability if due precautions were taken and there was no negligence? (Wright) 25. Why not extend the same principle, now applicable to the open seas, to outer space and the celestial bodies? (Schachter) 26. What rules will govern rocket ships and space stations, and, most important, will they be free to move about high above peaceful nations, laden with weapons of mass destruction? (Ibid.) 27. Who may leave the earth to travel in space? (Haley) 28. What principles of ownership or sovereignty should be applied to the moon or to any other celestial body explored? (Jacobini) 29. Is such territory capable of appropriation? If so, what kind of inchoate title can be claimed, and for how long, and what degree of effectiveness of occupation would be necessary to perfect the title? (Jenks) 30. In general, what is the law of "discovery" to be applied in space? 31. If scientific equipment is deposited (on the moon), will that serve as symbolic evidence of possession? 32. Will governments claim "ownership” (or, more correctly, sovereignty) of the moon and other celestial bodies, just as today claims are being made to the barren wastes of the antarctic? (Schachter) 33. Some day people will want to take out licenses for their own space ships, or maybe for mining meteors out in space. Who will issue them? (Haley) 34. Suppose also that valuable mineral deposits are found on the moon or a planet--would there not have to be a rule permitting countries to exploit these resources when they have discovered and developed them? (Schachter) 35. What kind of twig-breaking would be sufficient to establish seisin where no twig has ever grown? (Potter) 36. Should the legal status of a child born on a space ship be anything less than that of a world citizen? (Joyce) 37. What steps can a state take in order to prevent itself from being subjected to subliminal propaganda from the moon? (Aaronson) 38. What about space problems of nationality, domicile, statelessness? What about space problems concerning embargos, reprisals, blockading, and boycotts? What about acts in space of piracy, impressment, smuggling, and felonious attacks? (Questions various persons have asked Haley) 39. Is there a need, indeed, for a special space law? Or can one subscribe to the tempting point of view that the precepts of air law in their totality can be applied to outer space and to space travel? (Meyer) 40. Can we be said to live in such a world where the physical power at any one time of any particular state determines its international right to consider the region above its surface territories as part of its national territory? (Cooper) MR. BOHN'S OUTLINE OF SPACE POLICY 2 Several useful arrangements of space matters have been suggested, notably those of Dr. Eugen Saenger and Mr. Lewis Bohn. Dr. Saenger's outline, which encompasses the entire scope of Astronautics and rocketry, is discussed in a later section. The outline suggested by Mr. Bohn is presented here. A few things should be said about Mr. Bohn's outline by way of introduction. First, no intimation that the category lists are complete or exhaustive is intended; in fact, they are far from that. Not even the technical aspects of space are well-defined as yet, much less the military, legal, and political aspects. Second, no intimation is intended that the vehicle types and characteristics described in the technical section actually do or will exist. Third, the viewpoint expressed in the outline is mainly that of the United States, but there is no implication that the United States would ever undertake any of the military acts mentioned. 2. See page 105 Stress is on the legal aspects of space and how these may be influenced by other--for example, political, military, and technological--considerations. The categories expanded are those of a general legal interest, those of real immediate interest or policy concern, those not widely recognized, and some with general interest and implications. An outline is not a document for "reading" but for study. The main purpose of Mr. Bohn's outline, therefore, is to be suggestive, and to stimulate the reader to undertake additional research on the categories and topics listed. SPACE POLICY OUTLINE The outline is intended to suggest some important problems |