Document Type

Article

Disciplines

International Law

Abstract

The dawning of the era of outer space exploration3 promised a new sense of international cooperation. Officials of the Soviet Union and the United States envisioned a common outer space as an infinite frontier large enough to accommodate the concerns of all Earth's inhabitants. The overwhelming sense of limitless opportunity in outer space was the impetus for the more developed nations of the Earth to voice an altruistic concern for the less developed.' The view from space engendered a new sense of world community-the Earth as one united entity in harmony with the universe.

Since the two space powers announced those beneficent ideals, efforts toward realizing the shared promise of this new frontier have only magnified the differences among the nations of the earth. The world community is becoming increasingly divided between "haves" and "haves not." In examining the various approaches parties have taken in formulating a law of outer space, this article will elucidate the major obstacle to effectuating the noble ideals of a globally shared resource: self-interest. Since the basic tenets of the existing major space treaties are premised upon principles of global sharing,' regardless of technological or economic status,6 the self-interest of nations is particularly troublesome.

Acknowledging the impossibility of quick solutions to international discord 7 this article will focus particular attention on the several areas of dispute between those states that possess the necessary resources to access the wealth of outer space, and those nations that hope not to be foreclosed for lack of the financial and technical means to participate. A discussion of the existing body of space treaty law and the tension it presents vis-A-vis customary international law will provide the framework within which each conflict can best be understood. How this tension manifests itself in practice, such as in defining outer space, establishing orbit rights, and in addressing sovereignty concerns over "spy in the sky" satellites, will illustrate the inherent problems in the formulation of international law in general and space law in particular.

Since the dawning of the space age was inextricably tied to notions of global unity, the challenge presented is as unique as the outer space environment itself. As the problems become mutually recognized and the relative positions of the disputants understood, however, the initial barrier to settlement disappears and the closer we move toward common understanding and equitable solutions.

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