Page:The Air Force Role In Developing International Outer Space Law (Terrill, 1999).djvu/109

 Appendix D

Conclusions of Colonel Martin Menter's Thesis "Astronautical Law" May 1959

Recognition in air law of sovereignty of a nation in its superjacent airspace was not a determination of the upward extent of a nation's sovereignty.

While there is an ultimate limit to the upward extent of sovereignty, no presently recommended limits have been accepted or matured into international law.

Neither the finite limits of airspace nor of sovereignty above the earth present justifiable issues, but are matters for settlement by international agreement.

From the point upward that sovereignty ends (whether this is eventually determined), outer space by the natural law should be recognized as a 'res communis omniurn' (thing common to all).

Activities in space, rather than the question of sovereignty in outer space, give rise to security problems and will determine a subjacent sovereign's tolerance of a particular satellite.

The international community appears to have accepted the orbiting around the world of space vehicles not equipped to inflict injury or unduly interfere with the normal activities of a subjacent state.

International recognition of and international agreements on activities in space will give rise to the further evolvement of rules of astronautical law.

The acquisition of sufficient necessary scientific data concerning astronautical activity is normally a prerequisite to the preparation of a meaningful international rule of law to govern such activity.

The participation of scientists of different nations in common space projects will result in a more rapid advance in the technology of space exploration, the acquisition of scientific data, and in the development of