《THE LAW RELATING TO ACTIVITIES OF MAN IN SPACE》

1.The Physical Setting1

Introduction1

The Space Environment1

The Solar System3

The Moon5

Other Areas of Interest6

The Atmosphere6

The Stars6

The Contents of "Empty" Space7

2.Outer Space Activities:The Political-Legal Setting9

Introduction9

The Types of Space Vehicles12

Ballistic Missiles12

Propulsion Systems13

Earth Satellites14

Space Probes and Interplanetary Vehicles16

Hybrid Vehicles16

Activities in Outer Space:Form,Prospects,Issues17

Scientific Activities17

Applied Activities19

Military Activities25

Other Uses32

Summary33

The Resolution of Conflicts34

3.The General Legal Regime,Background,and Analogies36

Sovereignty Based on an Extension of Territory Outward36

Airspace:The Air Law Background36

The Upward Extent of Sovereignty39

The Regime in Outer Space:Background51

Claims to Sovereignty or Controls in or over Outer Space51

Space as Res Communis52

Allocation of Authority in an "Area" Lacking a Territorial Sovereign54

The Legal Regime:In "Analogous" Areas56

4.The Legal Regime,The Present Legal Order63

The Content of the Present Legal Order63

A Note on the Regime of Free Competition74

The Regime for the Celestial Bodies76

United Nations Resolutions concerning Outer Space Activities as Present Law81

The Legal Status of Artificial Bodies in Space and of Space Stations and Equipment on the Celestial Bodies87

The Status of Space Vehicles87

Return of Spacecraft89

Identification of Spacecraft90

Commercial Spacecraft92

Application of Certain Laws Involving Other Definitions93

Stations and Instruments on the Celestial Bodies93

The Astronaut94

A Special Problem in Definition:Space Uses as "Peaceful," "Military," "Aggressive"97

5.The Legal Regime of Satellite Communications103

Introduction103

Basics of Radio Communication105

The Radio Spectrum:A Limited Resource107

Lasers and Masers for Communications108

Communications Satellite Technology109

Passive and Active Relay Satellites110

Low- and Medium-Altitude Satellites110

Synchronous Satellites111

The Outlook for Technological Development111

Potential Conflicts and Cooperation112

Allocation of Electromagnetic Wave Frequencies114

The Organizations for Utilizing Space Satellites for Communications115

National,Regional,and International Systems116

The Communications Satellite Legislation119

Policy of the ComSat Act121

Federal Controls122

Corporate Structure of ComSat123

International Communications Satellite Systems123

The Agreement for Interim Arrangements:The Special and Supplementary Agreements126

Amendment,Withdrawal,and Renegotiation of the Agreements126

Designated Communications Entities127

Legal Status of Intelsat127

Financing,Ownership,and Costs129

Rates131

Interim Committee Voting132

The Supplementary Agreement on Arbitration132

Conclusions134

6.Liability and Space Activities136

Causes,Objectives,and Parties136

Occurrences Which May Give Rise to International Claims137

Objectives in Resolving Claims Arising from Activities in Space144

Parties and Sources of Compensation146

Forum and Procedures for Presenting Claims158

The Forum158

The Proper Law160

Methods of Presentment164

Substantive Principles of Law for the Resolution of Claims167

The Investigation of Claims167

The Principle of Absolute Liability169

The Reasons for Absolute Liability170

Exceptions to the Principle of Absolute Liability172

Other-Party Interference173

Types of Damage and Amount of Compensation174

7.Natural Resources,Pollution,and the Law of Activities in Space181

Resources in Space181

Space Activities and Natural Resources of the Earth185

Pollution189

Natural Resources:Summary191

Conclusions193

Appendixes197

Appendix A:United States Military Space Programs199

Appendix B:Jurisdiction of the United States over "Crimes and Certain Other Acts in Outer Space"201

Appendix C:Domestic Use of Communications Satellites205

Appendix D:International Organizations and Outer Space Activities214

Appendix E:Treaties,Statutes,and Other Legal Documents239

BibliographyA Guide to the Study of the Legal and Political Aspects of Space Exploration,including a Selective Topical Bibliography,by Kenneth Anderson Finch and H.Peter Kehrberger301

Index331