Page:The Air Force Role In Developing International Outer Space Law (Terrill, 1999).djvu/95

 logic, Belgium, by changing the US position on their issue, had achieved what the Air Force had tried but failed to do.

In March 1967, Charles Leonard Egan, assistant general counsel of the Air Force, provided preliminary Air Force responses to additional coordination regarding the proposed liability convention. He noted that the short time suspense for comments did not permit a full review of the revised convention. Two weeks later, Reis again urgently requested comments on a revised Article II regarding the liability of a "launching state." At a meeting that month, Defense and Air Force attorneys agreed to accept Article II, subject to certain amendments. These amendments sought to preclude the United States from being liable to those who had assumed the risk by being involved in the launchings or were proximate to the launching site so as to observe the launch. Subsequently, State's Meeker contacted the Belgian delegate to the UN, suggesting that Belgium and the United States introduce a joint convention. The text of the proposed jointly sponsored convention included the new US language to replace the word procures, as well as the DOD proposed amendment, to Article II. The Air Force was provided a copy of Meeker's letter and was asked for its comments; it. had none. That May, Reis's memorandum regarding the progress at the UN and a draft US position paper was circulated within DOD for comment by the services. Representatives of the services and various DOD agencies met in the office of Colonel Sanders to discuss the position paper. Colonel Overbey, Colonel Sanders's replacement, provided the DOD response to Reis. The response noted that the State Department position paper "ably represent[ed] Defense views and interests." Colonel Overbey added that while it agreed that the liability treaty should be the "first order of business" in Geneva, DOD did not want to see the US lose any leverage in obtaining the resolution of its proposals for the assistance and return of astronauts. He stressed this point as a matter of concern since launching nations were interested in talcing care of their astronauts while nonlaunching nations were more interested in the liability issue. Progress was made in 1967 by the COPUOS Legal Subcommittee regarding the liability convention.In January 1968 the UN General Assembly called on COPUOS to urgently complete its work on the liability convention. In May 1968, the final US liability convention position paper-to be presented at the COPUOS Legal Subcommittee during its meetings between 3 June and 27 June-was circulated in the Air Force for comment.