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The Outer Space Treaty in Perspective (He Qizhi) 93 Aerospace Object - Legal and Policy Issues for Air and Space Law (Stephen Gorove) 101

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The Outer Space Treaty in Perspective (He Qizhi) 93 Aerospace Object - Legal and Policy Issues for Air and Space Law (Stephen Gorove) 101 JOURNAL OF SPACE LAW VOLUME 25, NUMBER 2 1997 JOURNAL OF SPACE LAW A journal devoted to the legal problems arising out of human activities in outer space VOLUME 25 1997 NUMBER 2 EDITORIAL BOARD AND ADVISORS BERGER,HAROLD GALLOWAY, ElLENE Philadelphia" Pennsylvania Washington, D.C. BOCKSTIEGEL, KARL-HEINZ HE, QIZIll Cologne, Germany Beijing, China BOuRELY, MICHEL G. JASENTULIY ANA, NANDASIRI Paris, France Vienna. Austria COCCA, ALDO ARMANDO KOPAL, VLADIMIR Buenes Aires, Argentina Prague, Czech Republic DEMBLING, PAUL G. McDOUGAL, MYRES S. Washington, D. C. New Haven. Connecticut DIEDERlKS-VERSCHOOR, LH. PH. VERESHCHETIN, V.S. Baarn, Holland Moscow, Russian Federation FASAN, ERNST ZANOTTI, ISIDORO Neunkirchen, Austria Washington, D.C. FINCH, EDWARD R .. JR. New York, N.Y. STEPHEN GOROVE, Chairman Oxford, Mississippi All correspondance should be directed to the JOURNAL OF SPACE LAW, P.O. Box 308, University, MS 38677, USA. Tel.lFax: 601-234-2391. The 1997 subscription rates for individuals are $84.80 (domestic) and $89.80 (foreign) for two issues, including postage and handling The 1997 rates for organizations are $99.80 (domestic) and $104.80 (foreign) for two issues. Single issues may be ordered for $56 per issue. Copyright © JOURNAL OF SPACE LAW 1997. Suggested abbreviation: J.SPACE L. JOURNAL OF SPACE LAW A journal devoted to the legal problems arising out of human activities in outer space VOLUME 25 1997 NUMBER 2 CONTENTS Announcement 90 Articles The Outer Space Treaty in Perspective (He Qizhi) 93 Aerospace Object - Legal and Policy Issues for Air and Space Law (Stephen Gorove) 101 Events of Interest A. Past Events U.N. Reports Scientific and Technical Subcommittee of the COPUOS Holds Thirty-Fourth Session and also Acts as Advisory Committee for Third UNISPACE Conference (Matthew' W. Sanidas) 113 U.N. Legal Subcommittee on Space Agrees on New Agenda Item (litendra S. Thaker) 123 Establishment of a New Bureau and Elaboration of the Agenda of UNISPACE III Highlight 40th COPUOS Session (Matthew W. Sanidas and litendra S. Thaker) 127 Other Report Space Law Colloquium in Turin, Italy (Tanja Masson Zwaan) 133 Comments Mobile Satellite Communications: Challenging the Regulatory Barriers (David Sagar) 150 Current Space Insurance Market Conditions (Daniel E. Cassidy) 155 The Legal Status of Stratospheric Platforms: An Update (Martine Rothblatt) 159 Case Developments 161 Short Accounts Legal Aspects of Cooperation Between ESA and Central and Eastern European Countries (Daphne Crowther) 164 First United States - Argentina Joint Conference on Space Science and Technology for Society (Dr. Fernando Raul Colomb) 166 NASA's Reusable Launch Vehicle Program 169 Executive and Legislative Notes 170 International Developments 171 Manfred Lachs Space Law Moot Court Competition 172 Other Events 1 72 Brief News in Retrospect 173 B. Forthcoming Events 175 Book Reviews/Notices PERSPECTIVES ON INTERNATIONAL SPACE LAW, edited by Nandasiri Jasentuliyana (Kluwer Law International 1995), (Stephen Gorove) 177 OUTLOOK ON SPACE LAW OVER THE NEXT 30 YEARS, Editor-in-Chief, Dr. G. Lafferranderie; Co-Editor, Ms. D. Crowther (Kluwer 1997), (Katherine M. Gorove) 179 lNrERNATIONAL SPACE LAW MISCELLANEA - LfBER AMICORUM HONOURING PROFESSOR DR. ANDRZEJ G6RBIEL IN HIS 65TH ANNIVERSARY, edited by Edward J, Palyga, (Andrzej Fryez Modrzewski Foundation, Warsaw 1995). 181 FROM IMAGINATION TO REALITY: MARS EXPLORATION STUDIES OF THE JOURNAL OF THE BRITISH INTERPLANETARY SOCIETY, edited by Robert M. Zubrin (Am. Astronautical Soc'y Science and Tech. Ser., vols. 91 & 92, Univelt 1997). 182 OUTER SPACE - PROBLEMS OF LAW AND POLICY, by Glenn H. Reynolds & Ropert P. Merges, (2d ed., Westview 1997). 182 Recent Publications Books 183 Contributions to Books 183 Articles 186 Reports 187 Notes/Comments 187 Case Notes 187 Short Accounts 187 Book Reviews/Notices 187 ii Official Publications 188 Miscellaneous 190 Curreut Documents IV. Manfred Lachs Space Law Moot Court Competition 1997, Case Concerning Commercial Very High Resolution Remote Sensing Systems, OPENS KEY vs. ANTIPAPADIA. 191 V. 6th Manfred Lachs Space Law Moot Court Competition 1997, "OPENS KEY vs. ANTIPAPADIA", Summary of the Memorial for the Applicant. 197 VI. International Court of Aviation and Space Arbitration, ICASA, Cour Internationale D' Arbitrage Aerien et Spatial. 203 Index 205 iii Announcement The JOURNAL OF SPACE LAW is pleased to announce that Martine Rothblatt and Marcia S. Smith will become contributing editors of the JOURNAL. Martine Rothblatt is a business technologist and lawyer specializing in the fields of telecommunications and biopharmaceuticals. Over the past 15 years Rothblatt has successfully built and financed a number of new companies in these fields. Martine Rothblatt is responsible of initiating, founding 0 r launching several of the most innovative projects in the satellite communications industry, including the PanAmSat international television system, the Geostar and Hummingbird GPS vehicle location systems, GE's StarSys low earth orbit communications business and the CD Radio and WoridSpace digital audio broadcasting services. In addition, Rothblatt Was responsible for securing the radio frequencies used by the Iridium, GlobalStar and Ellipsat global cellular phone systems. Rothblatt is currently .Executive Vice President of Sky Station International (a broadband wireless internet company Martine co-founded in 1996), Chairman & CEO of LRX Pharmaceuticals (a biotech company developing drugs for rare diseases), and Project Director of the PPH Cure Foundation (a medical research organization focused on pulmonary hypertension). Martine Rothblatt graduated from UCLA's School of Law and Graduate School of Management in 1981, after receiving an undergraduate degree in Communications Studies, summa cum laude, from the University of California at Los Angeles in 1977. Rothblatt has practiced law at the leading Washington, DC firm of Covington & Burling, and represented NASA in satellite malters and the National Academy of Sciences. in radio astronomy matters' before the Federal Communications Commission. In 1997, Martine was named a partner of Mahon, Patusky & Rothblalt, Chartered. Martine Rothblatt has published books in the fields of satellite communications, gender studies and biotechnology, as well as over fifty articles and conference papers. Rothblatt is an elected lifetime member of the International Institute of Space Law and the International Astronautical Federation. In the biotech arena, Rothblatt is Chair of the International Bar Association's Bioethics Subcommittee, wi th responsibility for leading a global group of scientists and lawyers in developing a global treaty on appropriate human genome activities. Martine and Bina Rothblatt are also proud parents of four children, two in colJege and two more on the way. 90 1997 ANNOUNCEMENT 91 Marcia Smith is a Specialist in Aerospace and Telecommunications Policy for the Science Policy Research Division of the Congressional Research Service, Library of Congress, Washington, D,C. She has been at CRS since 1975, serving as a policy analyst for the Members and committees of the U.S. Congress on matters concerning U.S. and foreign military and civilian space activities, and on telecommunications issues (and formerly on nuclear energy). She was Section Head for Space and Defense Technologies from 1987-1991, and Section Head for Energy, Aerospace and Transportation Technologies from 1984-1985. From 1985-1986, Ms. Smith took a leave of absence to serve as Executive Director of the U.S. National Commission on Space. The Commission, created by Congress and its members appointed by the President, developed long term (50 year) goals for the civilian space program under the chairmanship of (the late) former NASA Administrator Thomas Paine. The Commission published its results in the report Pioneering the Space Frontier. A graduate of Syracuse University, Ms. Smith is the author or co­ author of more than 160 reports and articles on space, nuclear energy, and telecommunications. Previously she worked in the Washington office of the American Institute of Aeronautics and Astronautics. Ms. Smith is a Trustee of the International Academy of Astronautics (was co-chair of the Space Activities and Society Committee from 1991- 1997, and is a member of the International Space Policies and Plans Committee and the Scientific-Legal Liaison Committee). She was a member of the Committee on Human Exploration (CHEX) of the U.S. National Academy of Sciences' Space Studies Board (1992-93, 1996-97). She is a Fellow of the American Institute of Aeronautics and Astronautics (AIAA). She serves on AIAA's Ethical Conduct Panel, and the International . Activities Committee; was a member of the International Space Year Committee (1989-1992), the Public Policy Committee (1982-1989) and the Space Systems Technical Committee (1986-1989); was an AIAA Distinguished Lecturer (1983-1988); and was a member of the Council of AIAA's National Capital Section (1994-1996). She is a member of the Kettering Group of space observers. She is a Fellow of the British Interplanetary Society. She is a member of the Board of Directors of the International Institute of Space Law (IISL) and of the Association of U.S. Members of the IISL. She was a founder of Women in Aerospace, was its President (1987) and member of its Board of Directors (1984-1990), and is an Emeritus Member. She was President of the American Astronautical Society (1985-1986), on its Board of Directors (1982-1985), and Executive
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