Page:The Air Force Role In Developing International Outer Space Law (Terrill, 1999).djvu/106

 Appendix B

Conclusions of the Air Doctrine Branch Study 8 October 1958

The United States should not at this time conclude general agreements on the ownership of outer space, the legal status of outer space, or the sovereignty of outer space.

Pending acquisition of more precise knowledge of the operation and control of space vehicles and the various uses to which outer space may be put (e.g., U.S. defense interest, science, and commerce), the United States should not claim sovereignty over outer space above its territory, including territorial waters, and it should not recognize corresponding claims made by or on behalf of other states.

Similarly, the United States should not claim that outer space is free for the passage of all space vehicles. (Freedom of passage should depend on the nature of the vehicle, its inferred or intended purpose, its technical characteristics, and other factors. It is not necessary to have or to develop a uniform rule for all activities occurring in a given place.)

If pressed for agreement on the 'status' of outer space or the 'boundaries' between air space and outer space, the United States should at this time direct the negotiation or discussion away from such general legalistic questions and toward specific uses, specific functions, and specific characteristics of spacecraft.

Although political-diplomatic negotiations may result, eventually, in placing some kinds of limitations on uses of space, the uncertainties of reaching such agreements and then the uncertainty of their enforcement make it impossible to base technical plans and programs of space control on the anticipated resolutions of these issues.

The United States should show its readiness to negotiate and conclude agreements on specific projects for international cooperation in uses of