International law, Sixth edition
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International Law MALCOLM N. SHAW
ibid., and UN Doc. A/AC.105/C.2/7/Add.1, 21 January 1977. Some states have argued
for a 110 km boundary: see e.g. USSR, 21(4) UN Chronicle, 1984, p. 37; others feel it is premature to establish such a fixed delimitation, e.g. USA and UK, ibid. See also 216 HL Deb., col. 975, 1958–9, and D. Goedhuis, ‘The Problems of the Frontiers of Outer Space and Airspace’, 174 HR, 1982, p. 367. 310 See also General Assembly resolutions 1721 (XVI) and 1884 (XVIII). 311 See also ‘The Space Millennium: The Vienna Declaration on Space and Human Develop- ment’ adopted by the Third United Nations Conference on the Exploration and Peace- ful Uses of Outer Space (UNISPACE III), Vienna, 1999: see www.oosa.unvienna.org/ unisp-3/. 312 See above, chapter 3, and B. Cheng, ‘United Nations Resolutions on Outer Space: “Instant” International Customary Law?’, 5 IJIL, 1965, p. 23. t e r r i t o ry 545 The legal regime of outer space was clarified by the signature in 1967 of the Treaty on Principles Governing the Activities of States in the Explo- ration and Use of Outer Space, including the Moon and Other Celestial Bodies. This reiterates that outer space, including the moon and other ce- lestial bodies, is not subject to national appropriation by any means and emphasises that the exploration and use of outer space must be carried out for the benefit of all countries. The Treaty does not establish as such a precise boundary between airspace and outer space but it provides the framework for the international law of outer space. 313 Article 4 provides that states parties to the Treaty agree: not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. There are, however, disagreements as to the meaning of this provi- sion. 314 The article bans only nuclear weapons and weapons of mass de- struction from outer space, the celestial bodies and from orbit around the earth, but article 1 does emphasise that the exploration and use of outer space ‘shall be carried out for the benefit and in the interests of all countries’ and it has been argued that this can be interpreted to mean that any military activity in space contravenes the Treaty. 315 Under article 4, only the moon and other celestial bodies must be used exclusively for peaceful purposes, although the use of military person- nel for scientific and other peaceful purposes is not prohibited. There are minimalist and maximalist interpretations as to how these provisions are to be understood. The former, for example, would argue that only aggressive military activity is banned, while the latter would prohibit all military behaviour. 316 Article 6 provides for international responsibility 313 See e.g. Christol, Modern International Law, chapter 2. See also Oppenheim’s International Law, p. 828. 314 The issue became particularly controversial in the light of the US Strategic Defence Ini- tiative (‘Star Wars’), which aimed to develop a range of anti-satellite and anti-missile weapons based in space. The UN Committee on the Peaceful Uses of Outer Space consid- ered the issue, although without the participation of the US, which objected to the matter being considered: see e.g. 21(6) UN Chronicle, 1984, p. 18. 315 See e.g. Marcoff, Trait´e, pp. 361 ff. 316 See e.g. Christol, Modern International Law, pp. 25–6. See also Goedhuis, ‘Legal Issues Involved in the Potential Military Uses of Space Stations’ in Liber Amicorum for Rt Hon. Download 7.77 Mb. Do'stlaringiz bilan baham: |
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