Page:The Air Force Role In Developing International Outer Space Law (Terrill, 1999).djvu/110

 law arising out of international agreements premised on the scientific data obtained.

While rules may be not yet formulated to resolve many legal problems in astronautics, there are areas where existing data are sufficient to formulate international agreements on space activities.

As (1) the nature of sovereignty is such that a nation is subject to national limitation only if it joins therein, (2) almost all nations are involved in the orbit of satellites, and (3) international cooperation is essential to the peaceful use of outer space, the United Nations is the appropriate agency to seek concurrence of the international community toward meaningful agreements on the peaceful use of outer space.

Retention of a strong military posture, to include manned military space vehicles, is not inconsistent with the concept of the peaceful use of outer space.

As a result, Colonel Menter recommended that:

The United Nations undertake to determine the areas where international agreements on space activities are feasible and to secure such agreements among the UN members. The following areas are recommended as appropriate for current consideration for international agreement:

To cooperate with the United Nations and member nations for the peaceful exploration of outer space.

To disclaim rights of sovereignty to celestial natural masses with all rights of sovereignty to be exercised as may be determined by the General Assembly under the UN charter.

To refer all international disputes arising out of the use of outer space that are not otherwise resolved by mutual agreement of the parties, thereto, to the International Courts of Justice, with the decision of such court to be binding; and dispute deemed by such court as nonjusticable to be referred by the Court to the Hague Tribunal, or other UN arbitration panel, with the decision of the Hague Court or other UN panel to be final except as to such appeal that may be granted to the International Court of Justice.

The creation of a permanent standing UN committee to succeed the current United Nations Ad Hoc Committee on the Peaceful Use of Outer Space when such committee completes its mission and submits its report