opposition to the inclusion of the sovereignty issue in the ICAO’s work program.
The Air Force, represented by Daggett Howard, associate general counsel for international civil aviation affairs, and the Army argued that the main US interest in space was military. Howard, who later would become the first general counsel for the Federal Aviation Administration, indicated that it was problematic to have the ICAO undertake discussion of the sovereignty issue when the USSR-the only state to have launched a satellite-was not a member of the body.[1] The division approved a letter to David stating:
The United States believes that considerably more technical development and experience are needed before any international action on the problem you have raised should be undertaken. Rules and regulations or theories relating to international principles applicable to outer space evolved in this early stage could do little to further the work. They might put unnecessary and undesirable obstacles in its path.[2]
The division noted that, given that the predominant interest in outer space was not civil aviation, the ICAO was not the appropriate vehicle to undertake resolution of the sovereignty issue. The Legal Division stated that “it is too early to predict what methods for dealing with this problem may prove to be desirable.” Binaghi later advised David that he had sent the same letter to the United Kingdom (which never responded), France (which desired ICAO discussion), and Canada (which supported the US position but felt the United Nations was the appropriate vehicle). While noting that other countries desired an ICAO discussion of the sovereignty issue, Binaghi indicated an understanding of the US position and agreed to delay any further discussion of the subject until the ICAO’s next session.[3]
Subsequently, in a letter to Henry T. Snowden, chief, Aviation Division, Department of State, David agreed that there was little practicality in the ICAO studying the space problems at this time, but pointed out that the United States could not “count on keeping ICAO’s head in the sand on this issue. A more realistic attitude would be to prepare for ICAO consideration of the subject and to develop a positive approach as to how we want to have this done.”[4] Later the ICAO discussed the subject of outer space and agreed that it had authority to
- ↑ Minutes, 74th Meeting, Legal Division, ACC, 8 November 1957, Agenda Item 1 -ICAO Matters-Treatment of the Problem of Sovereignty and Associated Legal Privileges and Rights in Regard to Use of “Outer Space” by Nations (LD Memo 18-57), 2-4.
- ↑ William E. Neumeyer, ACC executive secretary, to Nelson David, US representative to ICAO, teletype, 13 November 1957. Attached to Kinsey to ACC Legal Division members, memorandum (LD 18A-57), subject: ICAO Matters-Treatment of the Problem of Sovereignty and Associated Legal Privileges and Rights in Regard to the Use of “Outer Space” by Nations, 14 November 1957.
- ↑ Nelson David, US representative to ICAO, memorandum of telephone conversation with Alberta Colclaser, State Department representative to ACC Legal Division, and Joan Gravatte, 22 November 1957. Attached to Kinsey to Legal Division members, memorandum (LD 186-57), subject: ICAO Matters-Treatment of the Problem of Sovereignty and Associated Legal Privileges and Rights in Regard to the Use of “Outer Space” by Nations, 26 November 1957.
- ↑ Nelson David to Henry T. Snowden, chief, Aviation Division, Department of State, 23 November 1957.
