《THE LEGALITY OF SPACE MILITARIZATION》

INTRODUCTION1

CHAPTER ONE:THE NATURE AND SOURCES OF SPACE LAW6

THE LEGAL EFFECT OF UNITED NATIONS GENERAL ASSEMBLY RESOLUTIONS PERTAINING TO OUTER SPACE10

THE USE OF ANALOGIES IN THE FORMATION OF SPACE LAW24

THE "CORPUS JURIS SPATIALIS"34

The 1967 Outer Space Treaty34

The 1968 Rescue and Return Agreement37

The 1972 Liability Convention39

The 1975 Registration Convention45

The 1979 Moon Treaty47

CHAPTER TWO:VARIOUS CRITERIA TO DETERMINE THE LEGALITY OF ACTIVITIES IN SPACE53

THE RIGHT OF "EXPLORATION AND USE OF OUTER SPACE" AND THE CONDITIONS FOR ITS IMPLEMENTATION,IN ACCORDANCE WITH THE 1967 OUTER SPACE TREATY53

"For the Benefit and in the Interests of All Countries"55

"Without Discrimination...on a Basis of Equality"57

"In Accordance with International Law"57

"In the Interest of Maintaining International Peace and Security and Promoting International Co-operation and Understanding"58

THE RIGHT OF SELF-DEFENSE AND OUTER SPACE71

THE RIGHT OF "OVERFLIGHT"76

CHAPTER THREE:SATELLITES AND THE LEGALITY OF THEIR USE82

TYPES OF SATELLITES:Reconnaissance Satellites83

Geodetic Satellites86

Navigation Satellites87

Communication Satellites88

Meteorological Satellites88

Early Warning Satellites89

Nuclear Explosion Detection Satellites89

RECONNAISSANCE91

REMOTE SENSING98

CHAPTER FOUR:THE EXTENT OF THE DEMILITARIZATION OF OUTER SPACE,THE MOON AND CELESTIAL BODIES108

NUCLEAR WEAPONS108

CONVENTIONAL WEAPONS116

Anti-Satellite Weapons116

Laser Weapons129

CHAPTER FIVE:THE LEGALITY OF THE USE OF FORCE IN,FROM AND THROUGH OUTER SPACE,DE LEGE LATA,DE LEGE FERENDA136

THE INTERFERENCE WITH SPACE OBJECTS136

THE DAMAGING OF SPACE OBJECTS146

THE CAPTURE OF SPACE OBJECTS151

THE U.S.STRATEGIC DEFENSE INITIATIVE158

THE 1983 SOVIET DRAFT TREATIES ON PROHIBITION OF THE USE OF FORCE IN AND FROM OUTER SPACE167

CONCLUSIONS:THE NEED FOR REGULATION173

ANNEX185

TREATY BANNING NUCLEAR WEAPONS IN THE ATMOSPHERE,IN OUTER SPACE AND UNDER WATER(1963)187

UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 1884(ⅩⅧ),17 October 1963190

UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 1962(ⅩⅧ),13 December 1963-DECLARATION OF LEGAL PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION AND USE OF OUTER SPACE191

TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION AND USE OF OUTER SPACE,INCLUDING THE MOON AND OTHER CELESTIAL BODIES(1967)193

AGREEMENT ON THE RESCUE OF ASTRONAUTS,THE RETURN OF ASTRONAUTS AND THE RETURN OF OBJECTS LAUNCHED INTO OUTER SPACE(1968)199

OF NUCLEAR WAR BETWEEN THE UNITED STATES OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS(1971)203

TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON THE LIMITATION OF ANTI-BALLISTIC MISSILE SYSTEMS(1972)205

CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACEOBJECTS(1972)210

AGERRMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNION OF SOVIET SOCIALIST REPUBLICS ON THE PREVENTION OF NUCLEAR WAR(1973)219

CONVENTION ON REGISTRATION OF OBJECTS LAUNCHED INTO OUTER SPACE(1975)222

AGREEMENT GOVERNING THE ACTIVITIES OF STATES ON THE MOON AND OTHER CELESTIAL BODIES(1979)227

U.S.S.R.DRAFT TREATY ON THE PROHIBITION OF THE USE OF FORCE IN OUTER SPACE AND FROM OUTER SPACE AGAINST THE EARTH(1983)236

U.S.S.R.REVISED DRAFT TREATY ON THE PROHIBITION OF THE USE OF FORCE IN OUTER SPACE AND FROM OUTER SPACE AGAINST THE EARTH(1983)239

BIBLIOGRAPHY243