Page:The Air Force Role In Developing International Outer Space Law (Terrill, 1999).djvu/96

 Almost a year later, in March 1969, Harry H. Almond Jr., DOD's assistant general counsel for international affairs, wrote to Reis (State's legal advisor) regarding proposed instructions for the US delegates to the consultations on outer space liability to be held from 9 June to 4 July. In May 1969, while preparing for these consultations, Maj Lawrence J. McCarthy, Air Force Plans and Policy Branch (DCS/P&O), solicited comments from the Air Force general counsel. The latter referred Major McCarthy to its June 1968 comments. He reviewed the proposed instructions for the delegates and advised his JCS contact that the instructions had taken into account "almost all areas of Air Force interest." Additionally, he recommended inserting a statement to the effect that the United States opposed any definition of "outer space." Major McCarthy opposed defining the term space objects so as to preclude any indirect definition of outer space. Such definitions, he reasoned, might handicap Air Force research and development activities in space. These Air Force comments were then coordinated through JCS and submitted as their formal position to Colonel Butler in OSD/ISA. Responding to State, Almond noted that DOD considered the terms space objects and outer space to be "sensitive."

In a memorandum regarding the developments during the first week of the Eighth Session of the COPUOS Legal Subcommittee meetings on the liability convention, Almond described various proposals being discussed. He especially noted that the items of primary interest to DOD, the definitional issues, were not raised other than in passing. Moreover, in his report regarding the Eighth Session, Stephen M. Boyd. State Department Office of the Legal Adviser and UN delegate, noted that the session did not discuss either of the definitional issues-procures and outer space-which were of interest to the Air Force.

In March 1970, Reis asked Almond and Colonel Butler for comments regarding the instructions to be given to the US participants for the April consultations on the liability convention. The instructions made no reference to the earlier concerns raised by the Air Force. Major McCarthy circulated the draft instructions within the Air Force and received only minor emendations to the instructions. Reis circulated revised instructions for the consultations including the proposed minor changes sought by the Air Force. However, none of the concerns expressed earlier by the Air Force were raised at the June-July 1970 Geneva Conference on the Outer Space Liability Convention.