5cjxburmr

Outer space may be viewed as analogous to the high seas in certain respects. 145 Forexample, no State may claim sovereignty over outer space. 146 In addition, the space systems ofall nations have rights of passage through space without interference. 14714.10.2 Application of International Law to Activities in Space.14.10.2.1 Treaties Specifically Addressing Space Activities. The United States isa Party to certain treaties that address space activities. The Treaty on Principles Governing theActivities of States in the Exploration and Use of Outer Space, including the Moon and OtherCelestial Bodies (Outer Space Treaty), imposes restrictions on certain military operations inouter space (i.e., it does not exempt military spacecraft or military space activities from itspurview). 148 The Outer Space Treaty provides for State responsibility for the activities of nongovernmentalentities in outer space, including the moon and other celestial bodies. 149Other treaties that specifically address space activities include:• Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return ofObjects Launched into Outer Space; 150• Convention on International Liability for Damage Caused by Space Objects; 151 and• Convention on Registration of Objects Launched into Outer Space. 152145 Arthur J. Goldberg, U.S. Ambassador to the United Nations, Treaty on Outer Space: Hearings Before theCommittee on Foreign Relations, U.S. Senate, 90th Congress, First Session, 63 (Mar. 13, 1967) (“This is an attempt,once we leave airspace, and get to outer space, however you define the limits, this is an attempt to create in outerspace the closest analogy and that is the high seas.”).146 OUTER SPACE TREATY art. II (“Outer space, including the moon and other celestial bodies, is not subject tonational appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”).147 See, e.g., OUTER SPACE TREATY art. I (“Outer space, including the moon and other celestial bodies, shall be freefor exploration and use by all States without discrimination of any kind, on a basis of equality and in accordancewith international law, and there shall be free access to all areas of celestial bodies.”); National Space Policy of theUnited States of America, 3 (Jun. 28, 2010) (“The United States considers the space systems of all nations to havethe rights of passage through, and conduct of operations in, space without interference. Purposeful interference withspace systems, including supporting infrastructure, will be considered an infringement of a nation’s rights.”);Presidential Directive/NSC-37, National Space Policy, 1.d (May 11, 1978) (“The space systems of any nation arenational property and have the right of passage through and operations in space without interference. Purposefulinterference with operational space systems shall be viewed as an infringement upon sovereign rights.”).148 Refer to § 14.10.3 (Outer Space Treaty Restrictions on Military Activities).149 OUTER SPACE TREATY art. VI (“States Parties to the Treaty shall bear international responsibility for nationalactivities in outer space, including the moon and other celestial bodies, whether such activities are carried on bygovernmental agencies or by non-governmental entities, and for assuring that national activities are carried out inconformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outerspace, including the moon and other celestial bodies, shall require authorization and continuing supervision by theappropriate State Party to the Treaty.”).150 Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched intoOuter Space, Apr. 22, 1968, 672 UNTS 119.151 Convention on International Liability for Damage Caused by Space Objects, Mar. 29, 1972, 961 UNTS 187.923