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Journal Space JOURNAL OF SPACE LAW VOLUME 16, NUMBER 2 1988 JOURNAL OF SPACE LAW A journal devoted to the legal problems arising out of human activities in outer space VOLUME 16 1988 NUMBER 2 EDITORIAL BOARD AND ADVISORS HAROLD BERGER EDWARD R. FINCH JR. Philadelphia, Pennsylvania New York, N.Y. KARL-HEINZ BlJCKSTIEGEL ElLENE GALLOWAY Cologne, Germany Washington, D.C. MICHEL G. BOURELY D. GOEDHUIS Paris, France London, England ALDO ARMANDO COCCA NANDASIRI JASENTULIYANA Buenes Aires, Argentina New York, N.Y. PAUL G. DEMBLING MYERS S. McDOUGAL Washington, D.C. New Haven, Connecticut LH. PH. DIEDERIKS- VERSCHOOR V.S. VERESHCHETIN Baarn, Holland Moscow, U.S.S.R. ERNSTFASAN ISODORO ZANOTI Neunkirchen, Austria Washington, D.C. STEPHEN GOROVE, Chairman University, Mississippi All correspondence with reference to this publication should be directed to the Journal of Space Law, University of Mississippi Law Center, University, Mississippi 38677. Journal of Space Law. The subscription rate for 1989 is $54 domestic and $59 foreign for two issues. Single issues may be ordered at $30 per issue. Copyright@ Journal of Space Law 1989 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 16 1988 NUMBER 2 STUDENT EDITORIAL ASSISTANTS Judy D. Lee - Editor John W. Alderman III Charles F. Burrows John E. Carter Dana G. Dew J. Brantley Durrett III Sean Wesley Ellis Meredith Gowan Candidates F. Lee Bowie III John B. Bums Jacqueline Lee Haney FACULTY ADVISER STEPHEN GOROVE All correspondence with reference to this publication should be directed to the Journal of Space Law, University of Mississippi Law Center, University, Mississippi 38677. Journal of Space Law. The subscription rate for 1989 is $54 domestic and $59 foreign for two issues. Single issues may be ordered at $30 per issue. Copyright @ Journal of Space Law 1989 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 16 1988 NUMBER 2 CONTENTS ARTICLES Environmental Impact of Space Activities and Measures for International Protection (He Qizhi) ................................ 117 Legal Problems Posed by the Commercialization of Data Collected by the European Remote Sensing Satellite ERS-1 (Michel Bour~ly) .......................................................................... 129 Legal and Policy Issues of the Aerospace Plane (Stephen Gorove) ............................................................................ 147 SPECIAL FEATURES Events of Interest .......................................................... 157-200 A. Past Events .................................................. 157-200 Reports Review of the Work of the United Nations Concerning Outer Space in 1988 (N. Jasentuliyana):........................ 157 The 31st Colloquium on the Law of Outer Space, Bangalore, October 8-15, 1988 (I.H.Ph. Diederiks-Verschoor) ........ 163 Comments The Central Role of Eugene Pepin in the Teaching and Research on Space Law: A Note in Memoriam (Aldo Armando Cocca) .. 171 The U.S./International Space Station Agreement of .September 29, 1988: Some Legal Highlights (Katherine M. Gorove) ........ 182 The Commercial Space Launch Act Amendments of 1"988: A Brief Overview (Katherine M. Gorove) .......................... 184 Short Accounts The Latin American Conference on International Air Transport and Outer Space Activities, Mexico City, 14-18 August 1988 (Pablo M. J. Mendes ,de Leon and Tanja L. Zwaan) ................................................................ 185 Space Law Session at the Warsaw Conference of the International Law Association, August 22, 1988 (Slephen Gorove) ....... 188 The 5th Intercosmos Seminar, Berlin, September 26-0ctober I, 1988 (Ryszard Hara and Andrzej Jecewicz) .................. 190 International Academy of Astronautics Symposium on "Benefits to Society From Space Activities," Bangalore, India, October 12, 1988 (Slephen Gorove) .................................. 192 International Colloquium on "Les Satellites de Telecommunica­ tions et Ie Droit International n (Telecommunications Satellites and International Law), Bruxelles, November 8, 1988 (Neri Sybesma-Knol) ......................... , ................... 193 Other Events ................................................................................ 198 Brief News ................................................................................... 198 B. Forlhcoming Evenls ............................................... 200 Book Reviews/N otices ....................................... 2 01- 219 Von Weick, Stephan Frhr. and Renate Platzoder, Weltraumrecht - Law of Outer Space (Vladimir Kopal) ........................ :......................................... 201 V. Vereshchetin, E. Vasilevskaya and E. Kamenetskaya, Outer Space: Politics and Law (G. Silveslrov) ...... 203 Nicolas M. Matte (ed.) Arms Control and Disarmament in Outer Space. Vol. II............................................. 205 Rita L. White and Harold M. White, Jr. The Law and Regu­ lation of International Space Communicatlon ...... 207 Nathan C. Goldman, American Space Law - National and International .........................................................208 Donald Jansky and Michael Jeruchim, Communications Satellites in Geostationary Orbit. ......................... 209 Tanja L. Zwaan el al. (eds.), Space Law: Views of the Future ................................................................... 209 Molly K. McCauley, Economics and Technology in U. S. Space Policy ........................................................ 210 Marika N. Taishkoff and Francis Pinter, State Respon- sibility and the Direct Broadcast Satellite ......... 210 Bruce E. Elbert, Introduction of Satellite Communica- tions ..................................................................... 210 Allen M. Din, Arms and Artificial Intelligence: Weapons and Arms Control Applications of Advanced Computing .................................... : ...................... 210 Frank White, The Overview Effect, Space Exploration and Human Evolution ................................................. 211 Recent Publications ......................................... 21 2·219 Books ................................................................................ 212 Articles ........................................................................... 212 Reports ................................................................................ 214 Comments ........................................................................ 214 Book Reviews/Notices ...................................................... 214 Official Pu.blications ....................................................... 215 Miscellaneous ..................................................................219 Current Document ••••••••••••.••••••••••••.....•.••.•..•••... 220-226 Agreement Among lbe Government of lbe United States of America, Governments of Member States of the European Space Agency, lbe Government of Japan, and lbe Government of Canada on Cooperation in lbe Detailed Design, Development, Operation, and Utilization of lbe Permanently Manned Civil Space Station, Signed September 29, 1988 in Washington, D.C. (Excerpts) ........................ 220 Index .................................................................................227-233 ENVIRONMENTAL IMPACT OF SPACE ACTIVITIES. AND MEASURES FOR INTERNATIONAL PROTECTION HE Qizhi' The rapid development of space technology has created opportunities for enormous benefits to mankind. However, problems involving environmental impacts of space activities and concern for the protection of space environment are growing and will continue to grow in the space community. Space law already recognizes the rights of states to explore and use outer space, including the moon and other celestial bodies. Since outer space activities are carried on from the earth's surface to outer space through the air space, they are a source of potential harm to the environment on earth's surface, in the air. space and outer space. In approaching the subject of environmental protection, it must be remembered that the whole vertical space is indivisible, independent of disputes over the boundary between the air space and outer space.! Space activities have brought about different environmental impacts. In some caSes the consequences are insignificant, while in others they may be serious. The existing space law though containing some general principles and certain specific rules regarding the prevention of environmental hazards, does not provide for adequate protection. It seems appropriate to make an overall examination in order to ascertain whether or what kind of measures &hould be taken to cope with the risks and harms brought by space activities. Environmental Pollution Since space activities must utilize existing elements in and release undesirable elements to the environment, they cause pollution­ contamination in various degrees in different parts of the space environment. The term. "pollutioDwcontamination" here is used to denote an excessive presence of elements, substances and manmade events * Member of Governing Board of the Chinese Society of International Law; Member of Board of Directors of the International Institute of Space Law; Corresponding Member of the International Academy of Astronautics. The views expressed in this paper are those of the author and do not necessarily represent those
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