contained no formula for determining compensation for damages. A working group was appointed, as the US and Canada had proposed earlier. The working group discussed the limitation of liability issue previously raised by the Air Force. 8 In preparing for the Legal [1] Subcommittee's next meeting, the Air Force studied copies of the State Department's position paper and a draft convention. The position paper recognized the need for some limit on liability but did not recommend an amount. [2] The Legal Subcommittee resumed its third session in October. [3] While there was movement toward a consensus, no agreement was reached. [4]
In August 1965, H. Rowan Gaither Jr. of the State Department's Office of the Legal Advisor, solicited Defense Department comments on a draft position paper and an agreement on outer space liability. Col Marshal E. Sanders of DOD's International Security Affairs Policy Planning Division forwarded the request to the Air Force.[5] Two weeks later Col Earl A. Morgan, chief of the JAG's International Law Division, provided Colonel Sanders with the Air Force comments. The Air Force proposed one substantive change, namely, that a nation be enabled to unilaterally have the convention's provisions apply to claims against it filed by its own nationals. [6] Colonel Sanders accepted the Air Force's proposal, circulated the revised draft within DOD, and provided a copy to Gaither.[7]
Soon thereafter, Colonel Morgan sent Sanders a memorandum stating Air Force concurrence on the recirculated draft position paper subject to two significant changes. The first objected to the term unlawful activities because it might stimulate discussion "which could result in restriction of US activities in outer space," especially Department of Defense research
and development programs. The Air Force recognized the importance of avoiding this language. The second proposed change noted the Air Force's objection to the principle of "uniformity of result."[fn 1] The Air Force urged DOD not "to participate in the settlement or payment of any claims based on this concept." Further, Colonel Morgan proposed six changes to the draft agreement. His suggested changes included provisions to clarify certain vague terms or concepts and a provision that courts of a third party nation where damage occurred could adjudicate the claim.
- ↑ Uniformity of result meant that, for like injuries, individuals from nations with different standards of living would be compensated equally based on their relative standard of living.
- ↑ Ibid., 66; and USUN to Department of State, "Outer Space Liability Convention-Applicable Law-How We Got To Where We Are,"Department of State Airgram, 1 April 1971.
- ↑ US Delegation, United Nations Committee on the Peaceful Uses of Outer Space Legal Subcommittee, Sess. III (Resumed), 5 October 1964: and Liability for Damage Caused by the Launching of Objects into Outer Space, position paper, 18 September 1964.
- ↑ Christol (68) refers to the 5 October 1964 meeting as the fifth session.
- ↑ Christol, 68-69.
- ↑ Col Marshall E. Sanders to Will Carroll (AFJAL) et al., memorandum with attached draft position paper, subject: Outer Space Liability Agreement, 5 August 1965.
- ↑ Col Earl A. Morgan (AFJAL) to Col Sanders, memorandum, subject: Outer Space Liability Agreement, 19 August 1965.
- ↑ Col Sanders to H. Rowan Gaither (DOS), draft memorandum with attached DOD Staff Level Comments, subject: Outer Space Liability Agreement, 23 August 1965.
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