Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-02-09
The FORCES III ..@aaaHgsa
Space Law and Order Is Present Need

LLiS III SCCLklS W DC JtldC IL is at
best a temporary thing. Like the
non-aggression pact. it is subject
to the aims and needs Of succeed
ing administrations. It is change
able; and because it is many
people are reluctant to rely on it
as the ultimate answer to the
dangers Of space.
Many Of those now working for
the formulation Of a space code
are putting their eggs in another
basket. They are shooting for an
unprecedentedly rapid evolution
Of international law in regard to
space problems.
They recognize that historic
cally. law follows the fact"-that
is, it develops after the crystalliza-
ton of the need for it. But they
also believe, as Mr.. Cooper argued
before the international Law
Association in London last Novem-
Der, that this is a period of limi-
tation Of sovereignty and not of
the creation Of sovereignty" The
current situation thus seems to be
unique in human history and per-
hapS can be solved by a unique
solution in this case developing
international rules for space con-
duct before the fact.
international law is quite diff
ferent from what most people
think it is. It. isn't Flaw" at all.
It is in the nature of a contract,
the effect Of which depends not
upon enforceable statutes or court
decisions. but on the willingness
and desire Of the parties involved
to abide by it. International law
is hence really a custom or way
Of doing things which has acquired
the force of law because nations
have found an advantage to them
selves in observing it.
Where space is concerned, the
international lawyers feel they
have their best chance for success
in the nonmilitary fields. They
hope to reach binding agreements
on seemingly minor civil matters.
to build these agreements pyras
mid-like into a solid body of GUS
tomary space behavior-into a
code which nations will quickly
recognize as self-serving and re-
liable. If this can be done, it is
believed a guiding precedent for
the peaceful use Of space may
be set.
OF paramount Importance, in
the eyes Of many legal experts,
is the coming Geneva conference
on the Law Of the Sea, beginning
February "a. Sponsored by the
U. N. as part of the work of
its International Law Commission.
this conference is attempting to
work out for the first time a real
codification Of law applicable to
the high seas and territorial
waters. Not only are the elements
to be dealt with highly similar
to those of space, but the COM
MISSIONS basic authorization in
cludes the drafts of treaties ION
subjects which have not yet been
regulated by international law"
In short. if the sea law con.
ference produces results, 1t may
have marked significance as a
prototype effort for initiating q
workable code for outer space.
Are We Alone?
No aspect of the space problem
is more speculative, or more stim-
ulating. than the thought that
earthmen may not be the only
frogs in our solar or galactic pond.
Most proposals being put for.
ward totally ignore that fantastic
possibility. They call for inter-
national declarations that space
shall be the domain Of "all ma
tions"-meaning. Of course, all
the nations Of earth.
But such proposals are not the
same thing as universal freedom
OF space, which a few thinkers
have acknowledged.
In recommending international
jurisdiction over xtra-terrestrial
land such as the moon and the
planets, for example, Mr.. Heating
recently observed:
This assumes that we will not
find places like Mars already in.
habited. Such a prospect con.
tinues to be supported by a num-
Der Of scientific authorities. The
problems Of dealing with such
space:people would be infinitely
more complex than those raised
by the mere occupation Of pres.
emily unoccupied areas. But we
cannot ignore this possibility Just
because its consequences are 50
immense"
And Now 'MetoIow'
Another who has recognized the
complexities of space control due
to the possible existence Of other
intelligent creatures is Andrew @.
Haley, president of the Interna.
tional Astronomical Federation.
MI. Haley several years ago de.
veloped concepts Of what he calls
"metalaw"-a legal system with
true cathedral sweep. designed for
universal application to any in.
telligent being anywhere.
The basic principle of metalaw
is a reverse twist on the Golden
Rule: Do unto others as they
would have you do unto them.
That is. it recognizes the possible
ity that what is beneficial or good"
Tor humans may not be good"
for other types of beings.
OF course. considerations of
this kind still seem remote almost
to the point Of righteousness.
But 1t has been less than five
years since some Of the worlds
most eminent PHYSICISTS were say
ing that space travel outside our
immediate solar system or galaxy
was prohibited by the laws Of
nature. Today this theory is
doubted. Discoveries tending to
support Einstein's position on the