BOOK REVIEWS

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THE MODERN INTERNATIONAL LAW OF OUTER SPACE*

Carl Q. Christoi. The Modern international Latoof Outer Space. New York. Perramon Press Inc.. 1982. Pares: xiii. 932. Price %85.00. Publisher's address: Pergamon Press he., Maxwell House, Fairview Park, Umsford. New Yark 10623.

Reciewed by Major H.

Wayne Ellaott**

The recent conversion af the space shuttle from an experimental project to the workhorse of the United States space program accentuates the rapid development of space. Keeping almost apace with this technological revolution is a legal revolution. Questions of law which in the not so distant past were viewed as being of only academic interest increasingly are being viewed as questions of dayto. day relevance for American lawsers. The issues range from the uses of space for military purposes to the liability of a state for damages done by a falling satellite. Military lawyers should be familiar with the basic concepts of the international law of outer space,

The book begins with adiscussionoftherelationshipofscienceand technology to the law of the outer space environment. The author emphasizes that the law will change not only to reflect changes in technology but also to reflect the various legal and political influences. As B result of these different mfluences, not ail countries will

*The opinioni and ~ ~ n c l u b i ~ n s presented I" this book revie4 and ~n the bmk ltself

w e thaw of the authors and da not necerlarily iepie~ent the view of The Judge Advocate General's School, the Department of the Army or m y afher garernmental

approach the law of space with the same interests or concerns. The legal regime applicable ~n space will, therefore, be the product of formal international agreements and customary international Iau

The primary international organization dealing with the space environment has been the United Nations. The Committeean Peace-ful Uses of Outer Space (COPUOS) is charged with consideration of the legal problems which might arise in outer space Chapter Twoof the book isdevoted tothecreationofCOPUOSand,tsrole,ndevelop-ing the most important of the space treaties, the 1967 "Principles" Treaty. The author argues that this treaty was the "fundamental starting point" far international cooperation in outer space. As a result the subsequent treaties have evolved from the principle embodied in the 1967 treaty that outer space shall be the "province of all mankind."

The book examines. ~n subsequent chapters, each of the international agreements concerning outer space which are in force or under discussion. These chapters discuss the historical background af the treaties and provide areadable account of the interpretation to be given to various ambiguous articles in the treaties. The author interprets these ambiguous portions based on research of the negotiating records of the treaties in an attempt to arrive at the intent of the drafters. Thus, the lawyer has in a single volume an informative source to resolve questions of interpretation.

Turning from the formal treaties, the author then considers sev era1 issues which may be viewed as forming the genesis for develop. ing customary international Ian. These chapterseonsiderthe debate over such questions as the geostationary orbit, direct television broadcasting, and remote sensing by space object. Chapters are also devoted to the uses of nuclear power in Outer space and the iuture Of space transportation.

In the final chapter the author draws some conclusions and makes predictions for the future development of outer space law. He con-cludes that the law of outer space will continue to reflect the basis principles embodied in the 1967 treaty. In describing the future of space law. he writes:

The modern international law of outer space is serving the Interests, values, wants. and needs of the world cammunity at this moment in history. It is alive to the important issues of the time. Its capacity for growth has been well demonstrated. Its receptiveness to the dynamic and practical influences which have contributed to its present sub. stance will undoubtedly continue unabated. The existing

iaw is by no means the final law for the space environment.

The appendix section includes the text of the Treatyan Principles Governing the Activities of States in the Exploration and Use of Outer Space (January 27. 1967). the Convention on International Liability for Damage Caused by Space Objects(March29,1972), and other treaties. Also included are documents on space policy such as 1976 Bogota Declaration and a White House fact sheet on UScivil

Space policy. The book contains a detailed index which will be an asset to the lawyer seeking information an the law of outer space.

Carl Q,

Christal is Professor of International Law at theuniversity of Southern California. Dr. Christol's formal education includes a Ph.D. from the University of Chicago and LL.B. from Yale Law School. He was awarded an honorary LL.D. degree in 1977 from the University of South Dakota. Dr. Christal has held several honorary and professional appointments ta include the Stockton Chair of International Law at the U.S. Naval War College, 1962-1963, and visiting professor at the Institute of Air and Space Law, McGill University, 1919.1980. He is the author of six books and numerous professional articles

This book is a timelyinformativeadditiontothelawofouterspace.Unlike many of its predecessors. this volume is not a compilation of treaties tied together by a few thought provoking, if esoteric, questions. Christon has provided a readable account of the development of the law of outer space.

Joe McGinniss, Fatal Vision. New York, New York: G.P. Putnam's Sons, 1983. Pages: 663. Price: $17.95. Publisher's address: G.P. Putnam's Sons, 200 Madison Avenue, New Yark, New York 10016.

Rroiewed by CaptaiE Stephen J. Kaczynski"

"I can only tell you from the physical evidence in this case that thingsdonatlie. But1 suggestthatpeoplecananddo."(Summationafthe U.S. Attorney, l'nttrd States D. McDonald).

In a poll conducted for the purpose of jury selection shortly before the 1979 trial, itwas revealed thatSl%ofthosesurveyedhad heardof the case of former Green Beret Captain Jeffrey YacDonald. Surveys frequently shon that a smaller percentage than that can, at any given time, name the President of the United States. It is precisely this notoriety. or infamy. surrounding the triple murder that occurred an Febraryll, 1970at 544CastleDriw Fort Bragg. North Carolina that continues thepublic'sinterest inseekingtolearnnhya pregnant woman and twosmallchildren were killedin theirhomeon that night.

Fatal Vision is a lengthy, detailed. and inexorible accounting of the events fallawing the murders. In researching the boak, author McGinniss was afforded virtually tatai access to the records, diaries. and intensly private thoughts ofthe man eventually convicted of the murders, Jeffrey MacDonald. The conclusions reached by the author, however. are scarcely those which had been desired by the subject of the book. nor those anticipated by the author upon his undertaking the task. In sum, author McGinnis concludes. as did a jury in federal district court in North Carolina, that Jeffrey MacDo"aid was the murderer and that a tale of drug-crazed hippies invad~ n g the MMacDonald home was a fabrication. He adds however, that the kiiier may have committed the murders while under the influ-ence of aform of amphetimine takenasa"diet pii1"andundetectable

*The opinioni and conelusions expressed in this bmk i e w e ~ . and I" the bmk ireelf

are those of the avrhorr and do not neces8mls represent rhe j i e ~ ,

of The Judge

.4diocate Generars School, the DeDarfment of the Arm5 or anvather mrernmental

in the suspect's system under then-existing medical tests. As one proceeds through the book, from theearlystorytoldmilitary Investigators to the gratuitous lies told to a grand jury to the repeated denials when confronted by damning physical evidence at his trial, the author's conclusion becomes all but indisputable.

The facts of the case are in some measure familiar to all. On the evening of February 11,1970, the military police responded to a call from Captain MacDonald that an attack had taken place on his family in their quarters at Fort Bragg. Upon arriving, the lifeless bodies of Collette MacDonald. 26. Kimberly MacDonald, 5. and Kristen MacDonald, 2, were discovered, all having been clubbed and stabbed to death. Jeffrey MacDonald was also found, alive, suffering from superficial bruises and minor stab wounds. The word "PIG" had been written in blood on the headboard of the master bed. Blood was everywhere, yet the living room. where MacDonald alleged that he hadfoughtforhisand hisfamily'slivesagainstthreemaleandone female '"hippies," showed no signs of struggle and contained none of Captain MacDonald's blood.

It is undisputed that the initial military investigation on the murders was badly bungled. The quarters were not adequately secured, the MacDansld trash was disposed of without a search far evidence, the toilet was flushed, thereby possibly sending into the sewer system a surgical glove with which the word "PIG" had been written, MacDonald's pajama bottoms were thrown away and burned at the hospital, bodies were moved and the crime scene initially disturbed, and a"known hair samp1e"of MacDonald turned out to have come from a pony he had bought his children far Christmas. Incredibly, security at544 Castle Drive wassolaxthatMacDanald's wallet was stolen from the crime scene by one of the responding military police.

Faced with this abominable investigation, the evidence that the suspect, an "All-American boy," who "was admired by all," and psychiatric testimony that hischaracter type couldnot havecommitted so brutal a massacre. an Article 32 investigating officer, after a lengthy pretrial hearing. found the charges that MaeDonald had committed the murder8 "not true." The charges were dismissed and MacDonald shortly...