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UNCLASSIFIED Unclassified CUSTOM Based on maritime law and customs Specific differences: abandoned space materials are still the property (and responsibility )of the launching nation not like maritime derelicts and wrecks Concept: If not specifically illegal then it is legal. UNCLASSIFIED The field of space law obviously does not have centuries of its own tradition so much of it is based on customs common to international and maritime law. Maritime law is a good basis for space law because it deals with a country's or companys property and activity outside of its own borders. The open ocean is considered nternational waters and cannot be claimed by any nation. For example, the United States recognizes that national domain extends 12 miles from the shore out into the ocean. If two countries are separated by a body of water that is less than 24 miles across, then the international border is half way between the shores or along an agreed boundary. Maritime law has specific rules for the salvage of derelicts or sunken wrecks in international waters These rules do not currently apply to space systems. Regardless of their operational status, satellites are considered to always be the property and responsibility of the country or organization that owns the satellite The concept of national versus international waters is similar to the concept of national and international airspace An aircraft flying into a nations airspace must get permission to do so. All nations claim that their national airspace extends upward over their territory to an unspecified altitude. There is no legal or internationally agreed to definition of where space starts. A satellite in orbit, even with a very low perigee(the closest point in the orbit to the surface of Earth), is always considered to be in international space. An aircraft, regardless of altitude, is considered to be in airspace A principal concept of international law is that if something is not specifically illegal, then it's legal Space Orientation Course Lesson 1, Intro/Space Policy/Organizations ed by: J H. Barker, ARUNCLASSIFIED Unclassified CUSTOM • Based on maritime law and customs. • Specific differences: Abandoned space materials are still the property (and responsibility) of the launching nation. Not like maritime derelicts and wrecks. • Concept: If not specifically illegal then it is legal. UNCLASSIFIED The field of space law obviously does not have centuries of its own tradition so much of it is based on customs common to international and maritime law. Maritime law is a good basis for space law because it deals with a country’s or company’s property and activity outside of its own borders. The open ocean is considered international waters and cannot be claimed by any nation. For example, the United States recognizes that national domain extends 12 miles from the shore out into the ocean. If two countries are separated by a body of water that is less than 24 miles across, then the international border is half way between the shores or along an agreed boundary. Maritime law has specific rules for the salvage of derelicts or sunken wrecks in international waters. These rules do not currently apply to space systems. Regardless of their operational status, satellites are considered to always be the property and responsibility of the country or organization that owns the satellite. The concept of national versus international waters is similar to the concept of national and international airspace. An aircraft flying into a nation’s airspace must get permission to do so. All nations claim that their national airspace extends upward over their territory to an unspecified altitude. There is no legal or internationally agreed to definition of where space starts. A satellite in orbit, even with a very low perigee (the closest point in the orbit to the surface of Earth), is always considered to be in international space. An aircraft, regardless of altitude, is considered to be in airspace. A principal concept of international law is that if something is not specifically illegal, then it’s legal. A537, Space Orientation Course US Army Command and General Staff College Lesson 1, Intro/Space Policy/Organizations Prepared by: J.H. Barker, ARINC-Leavenworth UNCLASSIFIED
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