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Space Debris and International Law JOURNAL OF SPACE LAW Twen ty -Fifth Anniversary VOLUME 26, NUMBER 2 1998 JOURNAL OF SPACE LAW A journal devoted to the legal problems arising out of human activities in outer space TWENTY-FIFTH ANNIVERSARY ISS U E VOLUME 26 1998 NUMBER 2 EDITORIAL BOARD AND ADVISORS BERGER, HAROLD FINCH, EDWARD R., JR. Philadelphia, Pennsylvania New York, N.Y. BOCKSTIEGEL, KARL-HEINZ GALLOWAY, ElLENE M. Cologne, Germany Washington, D.C. BOUREr.. Y, MICHEL G. HE, QIZHI Paris, France Beijing, China COCCA, ALDO ARMANDO JASENTULIYANA, NANDASIRI Buenes Aires, Argentina Vienna, Austria DEMBLING, PAUL G. KOPAL, VLADIMIR Washington, D. C. Prague, Czech Republic DIEDERIKS-VERSCHOOR, I.H. PH VERESHCHETIN, V.S. Baarn, Holland Moscow, Russian Federation FASAN, ERNST ZANOTTI, ISIDORO Neunkirchen, Austria Washington, D.C. STEPHEN GOROVE, Chairman Oxford, Mississippi All correspondance should be directed to the JOURNAL OF SPACE LAW, P.O. Box 308, University, MS 38677, USA. TeI.lFax: 601-234-2391. The 1999 subscription rates for individuals are: $91.80 (domestic) and $96.80 (foreign) for two issues, including postage and handling. The 1999 rates for organizations are: $108.80 (domestic) and $113.80 (foreign) for two issues. Single issues may be ordered for $60 per issue. Add $20 for airmail. Copyright © JOURNAL OF SPACE LAW 1998. Suggested abbreviation: J. SPACE L. JOURNAL OF SPACE LAW A journal devoted to the legal problems arising out of human activities in outer space TWENTY-FIFTH ANNIVERSARY ISSUE VOLUME 26 1998 NUMBER 2 Anniversary Greeting......................................................................... 99 Vladlen S. Vereshchetin Articles...................................................................... .......................... 1 0 1 The Role of the United Nations in Outer Space Law Development: Past Achievements and New Challenges.................................................. 101 Peter Jankowitsch Using Extraterrestrial Resources Under the Moon Agreement of 1979... 111 Stephen E. Doyle On the Moon............................................................................................ 1 29 Francis Lyall Space Debris and International Law.......... ........ ................ ...................... 139 N. Jasentuliyana Legal Status, Rights and Obligations of the Crew in Space..................... 163 Gabriella Catalano Sgrosso Space Law in the 21st Century................................................................ 187 Eilene Galloway E vents of Interest.............................................................................. 1 9 3 A. PAST EVENTS.......................................................................... 1 9 3 U.N Reports Review of the Work of the United Nations Committee on the Peaceful Uses of Outer Space and its Subcommittees, 1998 .................................... 193 Philip R. McDougall & Natercia F. Rodrigues Comments Protection of the Space Commons: New Customary Law? ......................... 208 K. Gorove Short Accounts Melbourne Colloquium on the Law of Outer Space................................... 21 3 Stephen E. Doyle Establishment of the Chinese Institute of Space Law.............................. 215 Dr. Qizhi He Case Developments.................................................................................. 215 Executive and Legislative Notes.............................................................. 216 International Developments.................................................................... 217 Manfred Lachs Space Law Moot Court Competition.................................. 21 8 Other Events ........................................................................................... 219 Brief News in Retrospect ......................................................................... 219 B. FORTHCOMING EVENTS ........................................................... 221 Book Reviews/Notices........................................................................ 223 THE USE OF AIR AND OUTER SPACE - COOPERATION AND COMPETITION, edited by CHIA-WI CHENG (Kluwer Law International, The HaguelLondon/Boston 1998) (Stephen Gorove)................................. 223 SPACE SAFETY AND RESCUE 1996, edited by Gloria W. Heath (Am. Astronautical Soc'y, Science and Tech. Ser., vol. 95, Univelt 1998)...... 225 LEGAL ASPECTS OF COOPERATION BETWEEN THE EUROPEAN SPACE AGENCY AND CENTRAL AND EASTERN EUROPEAN COUNTRIES, PROC. OF THE INT'L COLLOQUIUM, CHARLES UNIVERSITY, PRAGUE, CZECH REpUBLIC, 11-12 SEPT. 1997 (ESA & ECSL 1998) (Michael A. Gorove) ............................................... 225 Recent Publications ............................................................... .......... 227 Books.......................................................................................... 227 Contributions to Books............................................................... 227 Articles....................................................................................... 228 Reports........................................................................................ 229 Comments......... ..................................... .......... ........ ....... ............. 229 CaseNoteslDevelopments............................................................. 229 Book ReviewslNotices.................................................................. 229 Official Publications.................................................................. 229 Corrigenda.................................................................................. 231 ii Anniversary Editor and Contributors......................................... 233 Current Documents............................................................................ 237 Commercial Space Act of 1997 (Excerpts).................................. 237 Manfred Lachs Space Law Moot Court Competition 1998............. 241 Case Concerning the Commercial Exploitation of the Moon -- The Rover Games Project -- Nation of Freedom (Applicant) v. Nation of Bravatia (Respondent).................................. 241 Summary of the Memorial for the Applicant James Summers and Mirkka Mykkanen Winners of the "JOURNAL OF SPACE LAW" Award for the Best Memoria!..................................................... 246 Index..................................................................................................... 249 iii ANNIVERSARY GREETING It is a distinct honour and pleasure for me to greet the readers of th e Journal of Space Law on the occasion of its 25th anniversary. The Journal of Sp'ace Law takes pride of place among the legal periodicals dealing with the issues of law relating to the exploration and use of outer space. In fact, it is the only legal journal in the world devoted exclusively to this fascinating new legal discipline. All the major steps in the development of international, and national, space law over the last 25 years have been fully reflected in the pages of the Journal in the form of leading articles contributed by the foremost authorities in the field, or in the form of the prompt publication of current legal instruments, official statements and documents. In a sense, the volumes of the Journal may be viewed as a comprehensive history of the development of space law in the last quarter of the 20th Century. The expertise and topicality of th e materials published in the Journal are widely recognized by all specialists. Moreover, the Journal is not merely a chronicler of events. On a number of occasions it has come forward with pioneering ideas which have influenced the further development of space law. To give just one instance of such an initiative, in 1990, in a joint project with the German Zeitschrift fiir Luft- und Weltraumrecht and the Soviet Journal of International Law, the Journal of Space Law published a draft Convention on Manned Space Flight. As time passes, the importance of the subject-matter of the draft convention continues to grow. The realization of the idea of a global space station has brought these issues to the forefront of the current international space cooperation. Nowadays international space law has become part and parcel of the body of international public law. Significantly, the International Court of Justice, which up till now had no space law cases on its docket, found it necessary to include space law and environmental law as major developing areas of international law for consideration at its recent Colloquium devoted to the 50th anniversary of the Court. On the other hand, with the ever-growing number of States which have enacted national space legislation, space law is becoming an integral part of domestic legal systems. Harmonization of national space laws, particularly in view of the expansion of private activities in space, is becoming a topical issue. Thus the horizon of subjects of space law awaiting illumination is ever­ broadening. 99 I wholeheartedly wish the JOURNAL OF SPACE LAW and its indefatigable editor-in-chief, Professor Stephen Gorove, long life and many new readers all over the world. Vladlen S. Vereshchetin Member of the International Court of Justice at the Hague, The Netherlands Honorary Director of the International Institute of Space Law 100 THE ROLE OF THE UNITED NATIONS IN OUTER SPACE LAW DEVELOPMENT: PAST ACHIEVEMENTS AND NEW CHALLENGES Peter Jankowitsch' The central role and importance of the United Nations in th e development of the law of Outer Space can best be understood if put into the international context of a difficult period of Post-World-War II history increasingly
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