Soviet Union” (approved by Col Clifford R. Opper, Air Force director of intelligence), Maj Howard J. Neumann discussed international law and the Soviet interpretation of outer space.[1] Major Neumann noted that while the Soviets claimed unlimited sovereignty to all space (air and outer) over its territory, the Chicago Convention[2] was premised on the 1919 Paris Convention’s[3] use of the French words meaning atmospheric space. Accordingly, Major Neumann argued that outer space was governed by no existing law. He pointed out that the USSR, which was not a party to either convention, did not limit its sovereignty to the stratosphere.
Major Neumann concluded that “an international convention seems to be necessary at an early stage of mankind’s penetration and exploration of outer space, in order to prevent undesirable interferences which end in loss of human lives and valuable material.”[4] Contrary to the Air Force position at the ACC, Major Neumann concluded that Cooper’s proposal had merit and advised that, since the USSR had projects planned for outer space, it might be possible to conclude an international agreement with the USSR establishing the legal status of outer space. If the issue were not resolved, Major Neumann predicted that it would serve as a “constant source of international complications.”[5]
The sovereignty issue was raised again during the summer of 1957. Col T. J. Dayharsh of the Permanent Joint Board of Defense (Canada and the United States), questioned Howard E. Hensleigh, assistant DOD general counsel for international affairs, regarding the legality of proposed flights of US intercontinental ballistic missiles through the “upper air space” over Canada. Hensleigh in turn requested assistance on Colonel Dayharsh’s request from the DOD military departments. In July, responding on behalf of the Air Force, Charles L. Kent, assistant general counsel, provided Hensleigh with substantive comments including references to the 1956 ICAO assembly and the success of the US in stripping outer space issues from the ICAO agenda. Hensleigh incorporated several of Kent’s suggestions including the ICAO reference in a memorandum to Dayharsh indicating that there was no internationally accepted line of demarcation between air and outer space. That fall Dayharsh thanked Hensleigh, noting that his “excellent
- ↑ Ibid., 7.
- ↑ Convention on International Civil Aviation.
- ↑ The 1919 Paris Convention (International Convention for Air Navigation) addressed International regulation of civilian aerial navigation. It established the International Commission for Aerial Navigation, which was superseded in 1947 by the ICAO.
- ↑ Ibid., 10.
- ↑ Ibid., 11.
