Page:The Air Force Role In Developing International Outer Space Law (Terrill, 1999).djvu/82

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substantiated his assertions. He argued that, just as the Air Force had sent JAG officers to McGill University for advanced study in international law, it should send officers to study at the incipient Institute of Aerospace Law at the University of Virginia Law School.

Finally, General Kuhfeld described recent relevant actions taken at the UN. These events included the first ever meeting of the Committee on the Peaceful Uses of Outer Space (COPUOS) on 27 November and US sponsorship of a resolution setting forth proposals for an international agreement on outer space activities. The latter proposed a COPUOS study and recommendation for the resolution of related legal problems. Kuhfeld related that the Department of State had asked that the National Aeronautics and Space Council (NASC) assist in defining the line of demarcation between air and outer space. He noted that NASC was already working on the issue. Concerned that the Air Force was not more on top of the issue, General Kuhfeld noted:

As "aerospace" is the media of Air Force operations, the Air Force has a vital interest in the resolution of this problem. It is not a problem that is answered by the lawbooks, but one that may be resolved at the conference table. Hence, the solution arrived at will depend upon the views presented for consideration by each nation's representatives. While we assume the U.S. position will not be in conflict with Air Force concepts as to the nation's best interests, the Air Force-if it has not already done so-should consider the problem to assure that those who decide have all the factors that it believes should be considered together with its studies recommendations.[1]

He observed that, while science was moving rapidly, nothing yet had been achieved that would cause him to change his position that there need be no line of demarcation drawn between air and outer space. He concluded that, "if the Air Force is going to influence trends in this area, it must take a positive position soon." Finally, General Kuhfeld indicated that Colonel Menter from the USAF JAG was assigned to the Federal Aviation Administration and available to discuss the issues and to assist regarding the symposium.[2]

In a January 1962 memorandum to Maj Gert Cecil H. Childre, assistant deputy chief of staff for plans and programs, General Montgomery responded to Kuhfeld's urgings.[3] Montgomery requested a "staff position" regarding the outer space delimitation issue from plans and


  1. Kuhfeld to Gert Richard M. Montgomery, memorandum, subject: Formulation of Air Force Positions in Aerospace Law, 8 December 1961.
  2. Ibid., 7.
  3. Montgomery to Childre, memorandum, subject: Aerospace Law, 4 January 1962. Information copy to the Air Staff, SAFGC, and SAFMS.

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