INTERNATIONAL LAW AND RELATIONS


Harold M. White, Jr.
Western State College of Law

The space age presents new challenges to self-government, freedom, and the sovereignty of the individual. Travel, interaction, and information exchange occur at an unprecedented frequency and level of complexity. Social science faces the fact that institutions are more bureaucratic in character, pervasive in impact, and global in nature. The international legal system denies legal standing to individuals and non-government organizations, yet attempts to enhance their status through a nation-state centric system of international law that has not extended sovereignty below the level of national governments. The entrance into space imparts new perspectives and raises new questions, much like the discovery of the New World.

To effectively analyze the international impact of space programs, one first must ask precisely what is the international system? What organizational structures are now of paramount importance? Are there any analogies between the ideology manifested in the American revolution and that characteristic of today's international system? What are the prospects for the future development of a "supranational system?"

By current definition, the international system includes virtually every body that is organizational in character and influences‹but operates outside of‹a local or regional community. Even some regional activities have international overtones, and this is equally true of both public and private organizations, from governments to corporations and associations. For example, a growing number of domestic businesses employ communications satellites, and more and more businesses conduct day-to-day operations which are dependent on communications. Thus, there is a growing interdependency between organizational and legal life.

Law represents a system of social interaction, either agreed upon or decreed. In its various incarnations, law applies to nations, states, organizations, and individuals. In an ideal form, law constitutes the creative, just, and efficient institutionalization of ideas.

The four major categories of law are: (1) domestic public, (2) domestic private, (3) international public, and (4) international private. Domestic public law includes personal contracts, organizational contracts, and corporate structures. International public law encompasses the United Nations system and bilateral or multilateral intergovernmental treaties or organizations (for example, the European Space Agency, or the Helsinki Accords on European Peace and Security (1)). This international public system of law generates the most controversy. International private law focuses on private organizational transactions and non-governmental contracts and associations, including everything from Aramco's relationship with its subsidiaries to the non-profit International Astronautical Federation and its Institute of Space Law.

Because of the high degree of interdependency in modern organizational life, it is sometimes difficult to delineate public from private, domestic from international. For this reason, a perception of the international system that is based merely on the fractiousness of the United Nations Security Council or on the notable ineffectiveness of the World Court can be inaccurate and not even genuinely reflect the activities of the United Nations itself.

As is readily apparent from Figure 1, the United Nations manages a multiplicity of functions. Some U.N. bodies are familiar to Americans, such as the UNICEF Committee, the World Health Organization (WHO), the Food and Agriculture Organization (FAO), and the International Civil Aviation Organization (ICAO). This paper focuses primarily on those segments of the international system that relate to outer space activity and space development. This approach not only will illustrate the various types of organizations within the international system, but also will indicate those areas of international law that still draw most powerfully upon the concepts of freedom, individual sovereignty, and institutional interdependency that inhere in the American Constitution and are central to humanity's movement into space. Therefore, this paper will progress from the systems that currently exist to the underlying ideology (and, thus, the future).

The purposes and principal organs of the United Nations are described in Appendix Two.

Beyond the organs, committees, and intergovernmental specialized agencies of the U.N. lie the various non-governmental organizations‹from the multinational corporations, which live among both the competing and overlapping influences of domestic and international public and private law, to the great international unions and federations of professional associations, which operate increasingly at the public international level. Indeed, almost any non-profit, non-governmental organization may affiliate with the U.N. system in one of several categories. Organizations old enough and fortunate enough to be affiliated with the Economic and Social Council as consultant observers (in contrast to affiliates of the Secretariat's Department of Public Information) are even allowed to hold their own advisory voting assemblies at specialized U.N. conferences, such as the Second United Nations Conference on the Peaceful Uses of Outer Space held in Vienna in August 1982. Of course, the assembly of the representatives of member governments is the "official" assembly at such events. These conferences are especially noteworthy for information exchange and consciousness raising, if not for successes in political accommodation.

The International Astronautical Federation (IAF) exemplifies the non-government organization affiliated with a specialized agency, in this case the United Nations Educational, Scientific, and Cultural Organization (UNESCO); see Figure 1. The IAF began as an international congress of professional astronautic societies, such as the German Society of Space Research and the American Rocket Society (now the American Institute of Aeronautics and Astronautics). IAF vigorously pursued both expert efficiency and affiliation with the United Nations. The IAF has sponsored annual International Astronautical Congresses since 1950. IAF also formed the influential International Institute of Space Law and has conducted annual Colloquia on the Law of Outer Space since 1958. In order to affiliate with the non-government International Council of Scientific Unions (ICSU), IAF established a scientific arm called the International Academy of Astronautics. Affiliation with ICSU and its prestigious International Committee on Space Research (COSPAR) not only speeded affiliation with UNESCO, but also strengthened IAF's role among the non-governmental organizations as the primary body responsible for the interdisciplinary study of astronautics.

The International Telecommunication Union (ITU)‹ see Figure 1‹represents a good example of an intergovernmental agency in the space development field. Non-governmental organizations such as IAF have worked closely with and influenced this important intergovernmental organization. Indeed, the ITU constitutes a unique example of the real practical and functional authority that can be wielded in the international system, quite apart from the General Assembly or the Security Council. ITU's primary task is the allocation of radio frequencies. This responsibility assumes enormous importance when one considers the substantial number of communications satellites from many different countries that seek to use different segments of the electromagnetic spectrum for different purposes. The World Administrative Radio Conference (WARC) is the ITU arm that addresses space communications‹which, in today's diversified market, affects nearly all forms of communication, both domestic and international. WARC is divided into three regions; North and South America are in region two (2). Region two is now the world's only remaining area recognizing an "open skies" policy. The other regional WARCs have begun the allocation of geosynchronous orbit slots, because of the limited number of usable sites available in the geosynchronous orbit (roughly 35,881 kilometers, or 22,300 miles, above mean sea level).

Figure 1 (The following information relates to Figure 1.)

The United Nations and Related Agencies

Related Agencies*


Security Council
Military Staff Committee
Disarmament Commission
United Nations Operations in the Middle East
International Atomic Energy Agency


General Assembly
United Nations Scientific Advisory Committee
Scientific Committee on Effects of Atomic Radiation
Committee on the Peaceful Uses of Outer Space
Committee on Information from Non-Self-Governing Territories
International Law Commission
Advisory Committee on Administrative and Budgetary Questions
Committee on Contributions


Other Subsidiary Bodies of General Assembly:
Disarmament Commission
United Nations Administrative Tribunal
International Atomic Energy Agency
United Nations Emergency Force
United Nations Relief and Work Agency for Palestine Refugees
United Nations Special Fund
United Nations Childrens Fund (UNICEF)
Office of United Nations High Commissioner for Refugees


Secretariat
Administrative Committee on Coordination
Technical Assistance Board


Economic and Social Council
International Atomic Energy Agency
United Nations Special Fund
United Nations Childrens Fund (UNICEF)
Office of United Nations High Commissioner for Refugees
Regional Economic Commissions
Functional Commissions
Administrative Committee on Coordination
Technical Assistance Board


Specialized Agencies:
International Labor Organization
Food and Agriculture Organization of the United Nations
United Nations Educational, Scientific, and Cultural Organization
World Health Organization
International Development Association
International Bank for Reconstruction and Development
International Finance Corporation
International Monetary Fund
International Civil Aviation Organization
Universal Postal Union
International Telecommunication Union
World Meteorological Organization
Inter-Government Maritime Consultative Organization
International Trade Organization


*Some related agencies are listed under more than one U.N. body; in these cases the related agencies report to and/or serve both U . N. bodies.

Few recognize the importance and impact of international organizations like the ITU, which often are obscured by the general perception that the international system is ineffective. Gone are the days when domestic communications policy could be developed without regard to international implications. The types of private investment characterizing the American communications market depend in large part on secure and recognized frequencies. The ITU alone includes seventy-five different committees, study groups, and interim working parties, each with the potential to exert a significant impact on international telecommunications issues. Many observers are surprised to learn that the ITU's predecessor, the International Telegraph Union, dates from 1865; it was transformed into the ITU in 1947 and became a specialized agency of the U.N. in 1949 (3).

Explanation of Acronyms Used in Figure 2

Specialized Agencies
ILO International Labor Organization
FAO Food and Agriculture Organization of the
United Nations
UNESCO United Nations Educational, Scientific, and
Cultural Organization
WHO World Health Organization
ICAO International Civil Aviation Organization
ITU International Telecommunication Union
WMO World Meteorological Organization
IMCO Inter-Governmental Maritime Consultative
Organization
IAEA International Atomic Energy Agency


Other Inter-Governmental Agencies
ESRO European Space Research Organization
INTELSAT International Telecommunications Satellite
Organization
INTERSPUTNIK International System and Organization of Space
Communications


Non-Governmental Organizations
ICSU International Council of Scientific Unions
COSPAR Committee on Space Research of the ICSU
IAF International Astronautical Federation
ABU Asian Broadcasting Union
EBU European Broadcasting Union


Others
Office of Inter-Agency Affairs
WIPO World Intellectual Property Organization
CNRET U.N. Centre for Natural Resources, Energy and
Transport
UNDRO U.N. Disaster Relief Organization
UNEP U.N. Environment Programme


Miscellaneous
UNITAR U.N. Institute for Training and Research
UNDP United Nations Development Programme

Indeed, several of the current specialized agencies can claim venerable origins. For example, the World Meteorological Organization (WMO) has roots that stretch back to 1853, when ship owners throughout the world exchanged meteorological observations on the oceans (4). The WMO acts as a clearinghouse for data cooperatively shared among the weather services of the member nations. Increasingly complex and valuable exchanges of information now occur, drawing data not only from satellites and ground and oceanic stations, but also from in-progress comparative meteorological studies of other planets in our solar system.

Figure 2 includes only a few of the international bodies concerned with outer space. Even enormously important bodies like ITU, WMO, and UNESCO seem buried in acronyms under the Office of Inter-Agency Affairs; an important organization like the IAF might appear (to the uninitiated observer) to have little direct influence. Moreover, a multiplicity of international public and private organizations have a direct bearing on space-related activities. Figure 2 doesn't even include private and/or commercial organizations, such as International Telecommunications Satellite Organization (Intelsat) (5) or other multinational corporations. Nor does Figure 2 include other important intergovernmental bodies, such as the European Space Agency, which is building Spacelab (6). Indeed, NASA itself, like many other domestic organizations, includes a Department of International Relations, which negotiates launch services for international payloads and advises the government on questions of international law relevant to space activities.

Both Figures 1 and 2 document that the Committee on the Peaceful Uses of Outer Space (COPUOS) acts as the coordinating committee for the General Assembly to manage all aspects of space-related questions. COPUOS is divided into two permanent subcommittees, the Legal Subcommittee and the Scientific and Technical Subcommittee. COPUOS began as an ad hoc committee in 1958 and became a permanent committee in 1959. Of course, it is not coincidental that these dates roughly approximate the initiation of space travel and the so-called "space race" between the United States and the Soviet Union. As might be expected, the workings of COPUOS are very political in nature‹especially the work of the Legal Subcommittee‹because COPUOS is a public international committee comprised of the official representatives of fifty-one nation-states. In fact, the early years of COPUOS were marked by continual disputes over membership and voting criteria, as well as controversies over the substantive issues of international policy. Nevertheless, the Legal Subcommittee of the ad hoc COPUOS recommended in 1959 that: (1) the United Nations Charter (which includes the Universal Declaration of Human Rights) (7) and the Statute of the International Court of Justice not be confined to Earth, but rather their provisions be extended to include outer space activities; (2) extensive study of the principles and procedures which apply to the sea and to airspace be conducted to determine their relevance to space regulation; and (3) the initial creation of a comprehensive code of space law is impracticable, but a set of general principles which would serve as a basis for subsequent law could be developed in response to the practical problems arising in this new environment (8).

Following two official General Assembly resolutions and eight years of creative and arduous work, the General Assembly expanded upon the above suggestions by adopting on December 19, 1966 the recommendation of COPUOS for a Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (9). The Treaty was opened for signature on January 27, 1967. This "Outer Space Treaty" or "Space Charter" has been characterized by some as a Magna Charta for space. Treaty provisions declare that:
(1) International law and the Charter of the United Nations shall apply to space activities.
(2) Outer space and celestial bodies are the province of mankind and shall be used only for peaceful purposes and for the benefit of all mankind.
(3) Nuclear weapons, weapons of mass destruction, military bases, and military maneuvers are banned from space.
(4) Outer space shall be free for exploration, use, and scientific investigation.
(5) There can be no claims of sovereignty or territory by nations over locations in space, "by means of use or occupation or by any other means."
(6) Jurisdiction over space objects launched from Earth shall be retained by the launching state.
(7) Private interests are recognized as having freedom of action in space, so long as a government or group of governments on Earth authorize and exercise continuing supervision over their activities. Signatory nations (seventy-eight at last count, including the United States and the Soviet Union) are therefore under a duty to oversee the activities of their citizens and commercial ventures in space.
(8) Governments are liable for damage caused on Earth by their space objects.
(9) Astronauts are "Envoys of Mankind" and are entitled to non-interference and all necessary assistance in distress.
(10) The natural environments of celestial bodies should not be seriously disrupted, and Earth must not be contaminated by extraterrestrial organisms.

A process of consensus in COPUOS determined the workings of the Outer Space Treaty (10). Earlier membership and voting disputes were resolved by establishing a large membership and an agreement process among the members. The agreement process required each member to read a statement of understanding on any perceived agreements into the record, both to assess the degree of true consensus and to preserve each government's unique interpretation of any existing consensus.

Analysis of the debates, resolutions, and ratifying documents accompanying the Outer Space Treaty confirm its quasi-constitutional intent. The treaty was designed to create a set of overriding principles that should govern subsequent multilateral and bilateral agreements. Indeed, four subsequent agreements have elaborated on the principles of the Outer Space Treaty, and each incorporated the Outer Space Treaty by reference. This type of interrelationship among international treaties and agreements is unusual and further documents the guiding function of the Outer Space Treaty. The four subsequent agreements are: (1) the Agreement on the Rescue and Return of Astronauts, and the Return of Objects Launched into Outer Space, opened for signature in 1968 (11); (2) the Convention on International Liability for Damage Caused by Space Objects (Damage Convention), available for ratification in 1972 (12); (3) the Convention on Registration of Objects Launched into Outer Space, opened for signature in 1975 (13); and (4) the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Treaty), available for signature in 1980 (14).

The Moon Treaty is the only one of the four documents not yet in force; the Secretary General has not yet received deposition of the instruments of ratification by five nations, as required by the treaty itself. The Moon Treaty also represents the only one of the four agreements which became deeply imbedded in controversy immediately upon its resolution of approval by the General Assembly. Some of the more controversial provisions include:
(1) a ban on all weapons (not just nuclear or mass destruction weapons) from celestial bodies, although this provision is not applied to Earth orbit;
(2) a clear prohibition on private ownership of extraterrestrial real estate, or of resources "in place," and a designation of extraterrestrial resources as the Common Heritage of Mankind; and
(3) the eventual establishment of an Outer Space Regime whose authority would be actionable and whose purpose would be to oversee and regulate the "orderly development and exploitation" of extraterrestrial resources.

Despite the accession of the American delegation to the Moon Treaty‹and despite the delegation's uncontradicted statement in COPUOS that the words "in place" allow private property rights to apply to resources upon extraction‹it now appears doubtful that the Moon Treaty will be presented to the U.S. Senate for ratification in the near future (15). Private interests in the United States fear that the Outer Space Regime (or space government) will tend more toward a one-nation-one-vote structure than toward the contribution-oriented organization of the World Bank or International Monetary Fund. Many analysts fear that the majority of countries might insist, as they have in the Seabed Treaty negotiations, that this proposed space administration not simply issue licenses without discrimination (perhaps for a nominal fee or small net profit percentage), but also deny or control uses of outer space, levy stiff taxes, and/or oversee equipment use and retrieval in free space.

The previous treaties and agreements are in force, and even though their provisions are not strictly enforceable or self-executing, many nations have complied: NASA sterilized its Mars landers; the Soviet Union compensated Canada under the Damage Convention for the crash of the Cosmos satellite; and the United States expanded the NASA act to extend domestic public jurisdiction into space where permitted by treaty (16). The active and independent space programs in Europe, Japan, China, and India also consider treaty provisions in planning and operations .

What do these activities portend for supra-national or global government? Despite increasing international interdependence, optimism in the face of all the world's problems is difficult. Indeed, as the debate surrounding the Moon Treaty has evidenced, those living in societies that recognize a significant degree of individual sovereignty may be wise to weigh the value of a precipitous move toward supra-nationalism or global government. Though promising, the call for globalism must be balanced against the need to insure perpetual freedom and fundamental human rights. Moreover, the prospect of global government does not seem to lie in the near future.

Yet, the United States itself was founded on the supra-national concepts of naturalism, which hold that there are certain inalienable rights and natural laws inherent in the whole mental, physical, and moral constitution of humanity. Even the federal government of the United States is supra-national in a sense: recall the reluctance of the citizens of one "sovereign" colony or state to be governed by a President from another "sovereign" colony or state. The Articles of Confederation reflected that reluctance, which was only grudgingly overcome by the rights guaranteed by the U.S. Constitution. Indeed, barely one hundred years ago the United States fought the Civil War over the laws of final authority (each individual "sovereign" state or the supra-national federal government ).

Regardless of form, law ideally attempts to express the will and collective judgment of the society it governs. The intent of society may be manifested in basic principles that guide general behavior and inspire future institutions rather than provide specific enforcement mechanisms; three of the most influential documents of human history‹the Magna Charta, (17) the Declaration of Independence (18), and the Universal Declaration of Human Rights (19)‹represent excellent examples. The development of ideology and the growth of knowledge often parallel institutional developments, as ideas are embodied in institutions and documents. Although the Magna Charta was barely enforceable after King John left Runnymede, many of its concepts were incorporated six hundred years later into the Bill of Rights to the Constitution of the United States.

In this respect, many observers see the discovery of the New World as a reflection of hopes and aspirations of the Old World. The development of ships, clocks, compasses, and telescopes stimulated a growth in the old supra-national ideas of individual sovereignty and freedom, resulting in democracy and invention. Perhaps in the same way the development of spaceships, computers, relativity theory, and radio telescopes have produced an application of the same age-old ideas into the social complexity and interdependency of international systems.

The space treaties use terms that have never before been considered and that challenge humanity to structure the ideals applicable to space operations. Surely world activities in space will affect the way nations approach each other on Earth. The "world" of space can serve as a mirror for hopes and aspirations; one should not underestimate the power inherent in ideas, even ones that cannot be immediately implemented. The space treaties constitute the first international legal documents to employ the term "mankind" and to affirmatively recognize the (at least) quasi-subject status of non-governmental organizations. Some analysts even suggest that a continued incorporation of the term "mankind" into U.N. treaties might ultimately generate some form of aggregate international standing in international law, perhaps initially third party beneficiary status.

However, now, and for the foreseeable future, the only subjects of international law are the nation-states. Individuals possess no standing under international agreements or before international tribunals. Yet, a subtle shift toward the ultimate subrogation of national sovereignty is evident. For instance, the Nuremberg Trials and the Universal Declaration of Human Rights recognize that there are certain acts that the sovereign cannot or should not commit, such as genocide. However currently ineffectual, certain transnational conventions (such as the Helsinki Accords) embody ideas limiting sovereign action .

Despite the necessarily increasing specificity of space law, some observers note that the concept of space law is one of naturalism. Space law considers the welfare of people as the beginning and end of all human activity and recognizes humans as the holders of fundamental and non-transferable human rights. The fact that the United Nations has elaborated space laws confirms the above statement. The common cycle followed by human beings as subjects of law proceeds from individual to society to state to international community to humanity.

Just humanitatis is the law of and for humanity‹it is not international law, which now governs international relations, but rather the law of the human race as a whole, the fourth political dimension of humanity. The Outer Space Treaty repeatedly refers to "mankind" and "people" rather than "states," "nations," or "international community (20).

Perhaps the future will produce a global sovereignty, and perhaps beyond that a more advanced form of individual sovereignty. We don't know, of course‹but we have begun the exploration.

Appendix Two includes a brief discussion of the United Nations' structure and purposes, a suggested bibliography, a list of countries and their adherence to selected treaties and conventions, and a list of relevant international agreements .

Footnotes

1. Final Act of the Conference on Security and Cooperation in Europe (Helsinki, Finland). August 1, 1975. Department of State Publication No. 8826 (Gen. For. Pol. Ser. 298). Reprinted in 14 I.L.M. 1292.

2. Final Acts of the World Administrative Radio Conference for the Planning of the Broadcasting Satellite Service. Geneva: International Telecommunication Union, 1977. (Region 1 consists of Europe, including Asiatic Russia, Africa, and the Middle East. Region 3 consists of the Pacific area and the Far East.)

3. Haley. "Space Law and Government." 1963, pp. 308-311.

4. See footnote 3, pp. 311-12.

5. Agreement relating to lntelsat, with annex done at Washington on 20 August 1971. Entered into force for the United States Communication Satellite Corporation on February 12, 1973 (TIAS 7532; 23 UST 4091). Framers of Intelsat saw the organization as a form of international commercial cooperative in which governments or their designated telecommunications entities (public or private) could participate.

6. Jasentuliyana. "Manual of Space Law." Vol. 2, 1979, pp. 427-37. ESA is an intergovernmental consortium of the eleven European Common Market countries and Canada.

7. U.N. General Assembly Official Record (G.A.O.R.), 3rd Session. Resolutions (A/810), p. 71. General Assembly Resolution 217 (III) of December 10, 1948. The preamble is indicative of the theme of the Declaration: Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law . . . Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women . . . Now, therefore . . . the General Assembly . . . proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society . . . shall strive . . . to promote respect for these rights and freedoms, and by progressive measures, national and international, to secure their universal and effective recognition . . .

8. 14 U.N. G.A.O.R. 1 Annexes (Agenda Item 25) 23. U.N. Document A/4141, 1959.

9. General Assembly Resolution 2222. 21 U.N. G.A.O.R. Supplement (No. 16) 18. U.N. Document A/6621, 1966. Entered into force for the United States October 10, 1967 (18 UST 2410, TIAS No. 6347, 610 UNTS 205).

10. Galloway. "Journal of Space Law." Vol. 3, No. 1, Spring 1979.

11. Entered into force for the U.S. on December 3, 1968 (19 UST 7570, TIAS No. 6599, 672 UNTS 119).

12. Entered into force for the U.S. on October 9, 1973 (24 UST 2389, TIAS No. 7762).

13. Entered into force for the U.S. on September 15, 1976 (28 UST 695, TlAS No. 8480).

14. Draft Agreement Governing the Activities of States on the Moon and Other Celestial Bodies. 34 U.N. G.A.O.R. Supplement (No. 20) 33. U.N. Document A/34/20, Annex 11, 1979.

15. U.N. G.A.O.R.. U.N. Document No. a/AC. 105/PV. 203, 1979.

16. Amendments to 42 U.S.C. 2000. Summers 1979 & 1981.

17. Signed by King John I of Britain at Runnymede, England on June 15, 1215. This document represents the first major statement of the responsibilities of the King (then the only sovereign) vis-a-vis the citizens. It contained prohibitions against confiscation of private property, unfair taxation, and imprisonment without due process.

18. Enacted by the Second Continental Congress of the newly proclaimed United States of America on July 5, 1776. This document was the first official recognition by a "government" of the inalienable and God-given rights of humanity and was in many ways a successor in interest to the Magna Charta.

19. See footnote 7. Recognizes rights to: life; liberty; equal status before the law; public trial; presumption of innocence; privacy; freedom of movement and emigration; political asylum; marriage; property; ownership; freedom of thought, conscience, and religion; freedom of speech and assembly.

20. Cocca. "Journal of Space Law." Vol. 13, Nos. 1 and 2, 1981.

LAW1.GIF

Related Agencies*


SECURITY COUNCIL
Military Staff Committee
Disarmament Commission
United Nations Operations in the Middle East
International Atomic Energy Agency

GENERAL ASSEMBLY
United Nations Scientific Advisory Committee
Scientific Committee on Effects of Atomic Radiation
Committee on the Peaceful Uses of Outer Space
Committee on Information from Non-Self-Governing Territories
International Law Commission
Advisory Committee on Administrative and Budgetary Questions
Committee on Contributions


Other Subsidiary Bodies of General Assembly:
Disarmament Commission
United Nations Administrative Tribunal
International Atomic Energy Agency
United Nations Emergency Force
United Nations Relief and Wotk Agency for Palestine Refugees
United Nations Special Fund
United Nations Childrens Fund (UNICEF)
Office of United Nations High Commissioner for Refugees

SECRETARIAT
Administrative Committee on Coordination
Technical Assistance Board

ECONOMIC AND SOCIAL COUNCIL
International Atomic Energy Agency
United Nations Special Fund
United Nations Childrens Fund (UNICEF)
Office of United Nations High Commissioner for
Refugees
Regional Economic Commissions
Functional Commissions
Administrative Committee on Coordination
Technical Assistance Board

Specialized Agencies:
International Labor Organization
Food and Agriculture Organization of the United Nations
United Nations Educational, Scientific, and Cultural Organization
World Health Organization
International Development Association
International Bank for Reconstruction and Development
International Finance Corporation
International Monetary Fund
International Civil Aviation Organization
Universal Postal Union
International Telecommunication Union
World Meteorological Organization
Inter-Government Maritime Consultative Organization
International Trade Organization


*Some related agencies are listed under more than one U.N. body; in these ~cases the related ageneies report to and/or serve both U.N. bodies.

LAW2.GIF

Explanation of Acronyms Used in Figure 2*

Specialized Agencies
ILO International Labor Organization
FAO Food and Agriculture Organization of the United Nations
UNESCO United Nations Educational, Scientific, and Cultural Organization
WHO World Health Organization
ICAO International Civil Aviation Organization
ITU International Telecommunication Union
WMO World Meteorological Organization
IMCO Inter-Governmental Maritime Consultative Organization
IAEA International Atomic Energy Agency

Other Inter-Governmental Agencies
ESRO European Space Research Organization
INTELSAT International Telecommunications Satellite Organization
INTERSPUTNIK International System and Organization of Space Communications

Non-Governmental Organizations
ICSU International Council of Scientific Unions
COSPAR Committee on Space Research of the ICSU
IAF International Astronautical Federation
ABU Asian Broadcasting Union
EBU European Broadcasting Union

Others
Office of Inter-Agency Affairs
WIPO World Intellectual Property Organization
CNRET U.N. Centre for Natural Resources, Energy and
Transport
UNDRO U.N. Disaster Relief Organization
UNEP U.N. Environment Programme


Miscellaneous
UNITAR U.N. Institute for Training and Research
UNDP United Nations Development Programme


* Dotted lines represent observers. Reprinted from: "Proceedings, International Conference on Doing Business in Space." From presentation by Bert Cowlan.

LAW3.GIF

Appendix Two
International Law and Relations

U.N. Purposes and Organization, Suggested Bibliography, List of Selected International Agreements, and List of Signatories to Selected International Agreements

Harold M. White, Jr.
Western State College of Law

I. U.N. Purposes and Organization
Article I of the U.N. Charter defines the purposes of the organization:
(1) To maintain international peace and security, and . . . to take effective collective measures . . . in conformity with principles of justice and international law . . . (to bring about) adjustment or settlement of international disputes.
(2) To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.
(3) To achieve international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.
(4) To be a center for harmonizing the actions of nations in the attainment of these common ends.

The central organ of the United Nations is the General Assembly which might be loosely compared to an international parliament. Each member nation exercises one vote, although as many as five representatives can be delegated to the Assembly. In theory, the Assembly's actions do not carry the force of law, but rather a moral weight derived from their assumed representation of the consensus of nations. However, in practice, the General Assembly has achieved somewhat more influence than is generally recognized.

An example of this influence is the "Uniting for Peace Resolution." In the original United Nations concept, the Security Council possessed sole executive authority to levy sanctions, dispatch peacekeeping forces, enunciate "binding" international law, or even engage in collective military action. At that time, a nine-vote majority of the fifteen-member Council was required, although action could be vetoed by two negative votes from the five permanent members: the United States, Britain, France, China, and the Soviet Union. However, the Soviet Union insisted on a one-veto Council, a rule which has shackled the Council. Nevertheless, the United States devised a bypass to this block during the Korean War. The U.S. postulated that a general resolution might lend the color of international legitimacy to a voluntary association of states intervening in a state of hostilities such as those in Korea. The "Uniting for Peace Resolution" thus fell under voting provisions for membership matters and business sufficiently "important" to refer out of the Security Council, i.e., passage by a two-thirds majority. The General Assembly also adopts the general budget, assesses members, and establishes associated committees and subsidiary organizations on questions of specialty. The Committee on the Peaceful Uses of Outer Space is one such committee.

The Secretariat undertakes administrative functions for the United Nations organs, committees, and some of the specialized agencies. The Secretary General must be nominated by the Security Council and elected by the General Assembly.

The International Court of Justice exercises only permissive jurisdiction. For example, jurisdiction in the case of the Iranian hostages was legitimized only because both parties previously had agreed to an international diplomatic convention. The outcome of such cases may generate enormous diplomatic, political, or even moral impact; nonetheless, it is obvious that practical enforceability of judgments either requires the assent of the charged party or awaits future developments.

The Trusteeship Council administers the orderly transition of former colonies or other unorganized regions to independent, self-governing status. The Trusteeship Council has nearly completed its initial work, so the Council may be phased out or may be molded into the tutor for future internationally constituted space habitats.

The Economic and Social Council addresses the myriad problems of the world by encouraging the development and coordinating the work of specialized agencies. Each specialized agency is independently constructed based upon a separate treaty. The agencies work in their own fields and cooperate with the U.N., pursuant to an agreement defining the relationship. The United Nations, in contrast to the old League of Nations, did not seek to bring all international activities into one rigid system. Although most of the specialized agencies are similarly organized, each is an independent, international legal entity, with its own legislative body and secretariat. Specialized agencies are destined to play an increasingly vital role, especially in the field of astronautics, which requires a high level of specialized expertise.

II. Suggested Bibliography


Andrew G. Haley. "Space Law and Government." New York: Appleton-Century-Crofts, 1963.
William A. Hyman. "Magna Charta of Space." Amherst, Wisconsin: Amherst Press, 1966.
N. Jasentuliyana and R. Lee. "Manual on Space Law." New York: Oceana Publications, 1979. "Journal of Space Law." Oxford: University of Mississippi Law Center. Vol. 1-9, 1973-81.
Myres S. McDougal, Harold D. Lasswell, and Ivan A. Vlasic. "Law and Public Order in Space." New Haven: Yale Press, 1963.
Jerome Morenoff. "World Peace Through Space Law." Charlottesville: Michie, 1967.
George Robinson and Jerome Glenn. "Space Trek." Harrisburg: Stackpole, 1978.
Sweeney, Oliver, and Leech. "The International Legal System." New York: Foundation Press, 1981.
Hal White (ed). "Western State International Law Journal." Fullerton, California: Western State University. Vol. 1, 1981. Proceedings, Instituting the Final Frontier, A National Symposium on the Impact of Outer Space Activity on Law and Public Policy.
Paul Williams (ed). "The Internationol Bill of Human Rights." San Francisco: Entwhistle, 1981.

III. List of Selected International Agreements*
Aerosat Memorandum of Understanding. August 2, 1974.
The Agreement of the Arab Corporation for Space Communications.
Agreement on the Constitution of a Provisional European
Telecommunications Satellite Organization, "Interim Eutelsat."
Agreement Between the National Aeronautics & Space Administration (NASA) and McDonnell-Douglas Astronautics Company for a Joint Endeavor in the Area of Material Processing in Space. January 25, 1980.
Agreement on the Establishment of the "Intersputnik" International System and Organization of Space Communications.
Agreement on Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes. Moscow: July 13, 1976.
Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. December 3, 1968.
Convention for the Establishment of a European Space Agency. May 30, 1975.
Convention on the International Maritime Satellite Organization (Inmarsat) and the Operating Agreement. Date of Signature: September 3, 1976.
Convention on International Liability for Damage Caused by Space Objects. October 9, 1973.
Convention on the Registration of Objects Launched into Outer Space. September 15, 1976. Convention on the Transfer and Use of Data on the Remote Sensing of the Earth from Outer Space. Moscow: May 19, 1978.
Declaration and Programme of Action on the Establishment of a New International Economic Order. December 12, 1974.
Draft Principles on Direct Broadcast Satellites in the U.N. Committee on Peaceful Uses of Outer Space. 1977.
Final Acts of WARC 1979.
International Telecommunications Convention and Radio Regulations. 1973.
International Telecommunications Satellite Organization (Intelsat) Agreement and Operating Agreement. February 12, 1973.
OECD Convention on Protection of Individuals with Regard to
Automative Processing of Personal Data. September 19, 1980.
OECD Guidelines on Protection of Privacy in Relation to Transborder Data Flows of Personal Data. September 23, 1980.
Report of the International Commission for the Study of Communications Problems. The MacBride Commission: 1980.
Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water. October 10, 1963.
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. October 10, 1967.
United Nations Charter.
United Nations General Assembly Resolutions on: Information 3535 (XXX) of December 17, 1975; 31/139 of December 16, 1976; 33/115 of December 18, 1978; 34/181 and 182 of December 18, 1979.
UNESCO Declaration of 1972: The Declaration Guiding Principles on the Use of Satellite Broadcasting for the Free Flow of Information, the Spread of Education and Greater Cultural Exchange.
U.S.S.R. Convention on Principles Governing the Use By States of Artificial Earth Satellites for Direct Television Broadcasting.

*Joseph Pelton. AIAA Conference on Large Space Platforms. San Diego, California, April 1981.


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