reiterated the Air Force position. Additionally, Col Paul E. Worthman (deputy director for plans and policy, Office of Space Systems), in a memorandum to Col George D. Overbey (chief, Policy Coordination Division, Policy Planning Staff, Office of the Assistant Secretary of Defense for International Security Affairs), concluded that making a distinction between civil and military satellite observations opened a Pandora's box. Worthman pointed out that satellite perigees "will probably stay above 60 miles-for the foreseeable future-with aircraft ceilings remaining below 20 miles. The residual 40-mile band of space should not present a pressing problem to anyone." None of the Air Force comments from Worthman or Egan were incorporated in either Col Overbey's or DOD's comments to State.[1]
When asked to comment on the State Department's final draft position paper, neither Charles F. Kent, assistant Air Force general counsel, nor Col Worthman responded. Internal DOD discussions continued on the issues of the utilization of and definition for outer space throughout the summer of 1967 without direct Air Force input. OSD and the Joint Staff continued to represent DOD at State. While State proposed to have the United States encourage an international agreement defining outer space-the Air Force advised DOD to resist State's efforts in this regard; the Defense Department adopted the Air Force position. No formal definition of outer space has ever been established.
The State Department not only had taken over the Air Coordinating Committee's function with respect to defining US policy before international groups like the ICAO and UN but had become dominant among government agencies regarding coordination and creation of policy impacting outer space law. Further, within DOD itself, Secretary of Defense Robert McNamara centralized policy making in the Office of the Secretary of Defense at the expense of the service secretaries. Clearly, the Air Force had been relegated to a less influential role and had assumed a reactive posture regarding outer space issues. As discussed below, beginning in 1961, the Air Force JAG unsuccessfully encouraged the Air Force to reverse its reactive role and undertake a proactive posture regarding the development of outer space law.
By the early 1960s, the advent of manned space flights made the creation of an international legal regime regarding many outer space issues other than demarcation imperative. A turning point in the "elaboration" of space law occurred on 20 December 1961 when the 16th General Assembly of the UN unanimously passed Resolution 1721
- ↑ Leonard C. Meeker to Paul Warnke, memorandum, subject: Outer Space Committee on the Study of Outer Space Definition, 19 May 1967; Col George D. Overbey to Jerome Silber, memorandum, subject: Position Papers on Definition of Outer Space, 22 May 1967; Silber to Charles Kent, memorandum, subject: Position Paper on the Utilization of Outer Space, 22 May 1967; Silber to Kent, memorandum, subject: Position Paper on Definition of Outer Space, 23 May 1967; Leonard Egan to Silber, memorandum, subject: Utilization of Outer Space, 23 May 1967; Col Paul E. Worthman to Overbey, memorandum, subject: Comments on Two Position Papers-Utilization of Outer Space and Definition of Outer Space, 25 May 1967; Overbey to Reis, memorandum, attaching DOD Comments on Position Papers Regarding Definition of Outer Space and Utilization of Outer Space, 26 May 1967; UN Committee on Peaceful Uses of Outer Space, Legal Subcommittee, Position Paper on Definition of Outer Space, 19 June 1967, Geneva, Switzerland; Gen Earle G. Wheeler, chairman Joint Chiefs of Staff, to secretary of defense, subject: Position Paper for Outer Space Legal Subcommittee, 22 June 1967; Wayne Anderson to Overbey and Silber, memorandum, subject: Definition of Outer Space, 14 August 1967; all of the above are attached to Silber to Anderson, memorandum, subject: Definition of Outer Space. 16 August 1967.
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