《OUTER SPACE OUTER SEA OUTER LAND AND INTERNATIONAL LAW》

Introduction1

PART ONE OUTER SPACE5

Chapter Ⅰ Identification Issue14

Chapter Ⅱ Sovereignty and Legal Status Issue27

Chapter Ⅲ Sovereign Right,Freedom,Control and Jurisdiction Issue36

1.Right and Freedom37

(ⅰ)Freedom of Access38

(ⅱ)Freedom of Exploration39

(ⅲ)Freedom of Scientific Investigation50

(ⅳ)Freedom of Use52

Nuclear Power Sources60

Geostationary Orbit62

Remote Sensing69

Direct Television Broadcasting75

(ⅴ)Freedom of Exploitation77

(ⅵ)Other Freedoms and Rights78

2.Control and Jurisdiction78

Chapter Ⅳ Obligation,Compulsion,Responsibility and Liability Issue80

1.Obligation and Compulsion81

(ⅰ)Activities to be consistent with the rules of international law including the Charter of the UN—No immunity from 'Rule of Law',Earthly Law81

(ⅱ)Activities to serve the common interest of all mankind—The central policy82

(ⅲ)Activities to be'exclusively for peaceful purposes(the most used and abused phrase)'—The only meaningful choice83

(ⅳ)Activities to be in the interest of the maintenance of international peace and security—No compromise on fundamental principle.'Star Wars'Programme86

(ⅴ)Activities to promote international cooperation and understanding—The necessity of the present age96

(ⅵ)Activities involving exercise or enjoyment of right or freedom to respect simultaneously others'rights and freedoms—Equality and mutuality99

(ⅶ)Activities to be conducted with the maximum publicity—Right of everyone to know99

(ⅷ)Activities to ensure preservation of the environment—For a clean and healthy world,all-over and all-around101

(ⅸ)Activities to ensure common management and distribution of the natural resources of the celestial bodies—A future plan101

(ⅹ)Activities to evolve a comprehensive and compact outer space legal regime and an independent Outer Space Organization—Outer legal order for an effective inner legal order103

2.Responsibility and Liability106

PART TWO OUTER SEA111

Chapter Ⅴ Identification Issue118

Chapter Ⅵ Sovereignty and Legal Status Issue127

Chapter Ⅶ Sovereign Right,Freedom,Control and Jurisdiction Issue140

1.Right and Freedom141

(ⅰ)Freedom or Right of Navigation142

(ⅱ)Freedom or Right of Overflight142

(ⅲ)Freedom or Right to Lay Submarine Cables and Pipelines142

(ⅳ)Freedom or Right to Construct Artificial Islands and Other Installations permitted under international law143

(ⅴ)Freedom or Right of Fishing144

(ⅵ)Freedom or Right of Scientific Research145

(ⅶ)Other Freedoms and Rights in relation to the High Seas148

(ⅷ)Freedoms and Rights in relation to the Area150

2.Control and Jurisdiction156

Chapter Ⅷ Obligation,Compulsion,Responsibility and Liability Issue159

1.Obligation and Compulsion159

(ⅰ)Activities to be consistent with the rules of international law including the Charter of the UN—General application of general international law160

(ⅱ)Activities to serve the common interest of all states and of mankind as a whole—The basic policy160

(ⅲ)Activities to be exclusively for peaceful purposes—No other better alternative161

(ⅳ)Activities to be in the interest of the maintenance of international peace and security—Matter of basic necessity162

(ⅴ)Activities to promote international cooperation and understanding—Beyond isolationism and towards active interdependence164

(ⅵ)Activities involving exercise of freedoms to respect simultaneously others'freedom—Freedoms not so free166

(ⅶ)Activities to ensure co-operation with the international mechanism in the management,distribution,development and conservation of the natural resources—Justice for all166

(ⅷ)Activities to carry out scientific research for the benefit of mankind as a whole—Science in the service of man168

(ⅸ)Activities to ensure preservation of the marine environment—Measures against pollution169

(ⅹ)Activities to strengthen the sea legal regime and its institutional system—Respect for international sea legal order and international consensus171

2.Responsibility and Liability185

PART THREE OUTER LAND189

Chapter Ⅸ Identification Issue194

Chapter Ⅹ Sovereignty and Legal Status Issue197

Chapter ⅩⅠ Sovereign Right,Freedom,Control and Jurisdiction Issue219

1.Right and Freedom219

2.Control and Jurisdiction221

Chapter ⅩⅡ Obligation,Compulsion,Responsibility and Liability Issue222

1.Obligation and Compulsion222

(ⅰ)Activities to be consistent with the rules of international law including the Charter of the UN—No scope for non liquet plea on the fundamental issues222

(ⅱ)Activities to serve the common interest of humanity—The core principle232

(ⅲ)Activities to be for peaceful purposes only—For peace on the white continent223

(ⅳ)Activities to be in the interest of the maintenance of international peace and security—Basic condition for international stability and development224

(ⅴ)Activities to promote international cooperation in scientific investigation—Interest of science and benefit of all mankind224

(ⅵ)Activities to be conducted with the maximum publicity—For the sake of mutual trust and benefit225

(ⅶ)Activities not to be projected as the cause or consequence of or for past,present or future sovereignty—For an undivided part of the largely divided'One Planet'226

(ⅷ)Activities to ensure management,distribution,development and conservation of the natural resources through collective mechanism—A lex ferenda recommendation for a very balanced exploitation of the natural resources227

(ⅸ)Activities to ensure protection and preservation of the environment and ecosystem—Matter of topmost priority230

(ⅹ)Activities to evolve an effective Antarctic legal regime with an independent Antarctic Organisation—A lasting regime for the Last Continent232

2.Responsibility and Liability233

CONCLUSION235

REFERENCES243

APPENDICES263