Page:The Air Force Role In Developing International Outer Space Law (Terrill, 1999).djvu/93

 Morgan's changes represented the joint views of the Air Force JAG and general counsel. Colonel Sanders immediately forwarded DOD's comments to Gaither at State. The DOD comments retained all of the Air Force proposed changes to the position paper and four of the Air Force's six proposed changes to the agreement. (The two Air Force proposed changes to the agreement that were not included were essentially nonsubstantive.) When the Air Force later tried to correct language in the DOD memorandum forwarded to State, Colonel Sanders informed the Air Force that "there was some question as to whether or not State was prepared to receive the further comments from DOD on the draft agreement as the document had been fully staffed and agreed upon last year."

A meeting to determine, among other things, the extent to which State was willing to consider DOD's comments was held in early September 1965 in the State Department's Office of the Legal Advisor. Gaither, Leonard Meeker (State's legal advisor), Walter Sohier and Paul Dembling (the general counsel and deputy general counsel of the National Aeronautics and Space Administration [NASA], respectively), Colonel Sanders (representing DOD), Alfred P. Rubin (Air Force general counsel's office), and Lt Col Walter D. Reed (Air Force JAG office) attended the meeting. Most of the Air Force proposed changes to the position paper and the agreement were adopted. The Air Force concern for how damages were to be determined-the concept of uniformity of result in settling claims-was discussed but left unresolved. The Defense Department proposed applying the law of the nation where the damage or injury occurred. Meeker indicated that State was uncommitted regarding uniformity of result. Also discussed at this meeting was the definition of the word procures as used in the proposed agreement. DOD's representatives proposed a restrictive interpretation for the term while State and NASA favored a looser view. The Air Force desired more restrictive language to reduce potential US liability.

In mid-September Carroll and Colonel Reed, in conjunction with Walter Wilson, a member of the Air Force general counsel's office, reviewed a new State Department request to coordinate immediately on a minor addition to the policy position. The Air Force interposed no objection. Colonel Sanders coordinated the revised position paper and draft agreement within DOD regarding the proposed liability agreement. Comments were requested for the next day. Responding on behalf of the Air Force, Carroll restated the Air Force concern over the ambiguity