内容简介
Chapter Ⅰ.Introduction
The problems and questions limited and formulated
The Outer Space Court-Background and Illustrations
Illustrations of other bodies and courts
The United Nations Charter's provisions examined
The adjudicatory provisions
Article 2,paragraph 3
Article 33
The enforcement provisions-Charter Chapter Ⅶ and Article 94
The 1972 Liability Treaty-Preliminary Examination
Limitation of subject matter jurisdiction
Inadequacy of the substantive provisions
Inadequacy of the procedural provisions
The amending provisions
The method of analysis
Notes
Chapter Ⅱ.The Background of the 1967 Outer Space and 1972 Liability Treaties
Non-governmental writings,conferences,and activities
United Nations activities
Conclusions
Notes
Chapter Ⅲ.The Outer Space Treaty of 1967 and Its Inconclusiveness For Legal Liability
Analysis of general Treaty language
In Articles Ⅰ,Ⅱ,Ⅲ,Ⅳ,Ⅸ,and ⅩⅢ
In Articles Ⅵ and Ⅷ
Article Ⅵ
Article Ⅷ
Analysis of Article Ⅶ
The Article's terms
A conceivable interpretation
Conclusions
In general
Declaring or creating law
The 1967 Treaty as a stop-gap document
Analysis of the 1968 Astronaut Rescue Treaty
The 1972 Liability Treaty
The 1979 Moon Convention
Conclusion
Notes
Chapter Ⅳ.The Liability Treaty of 1972 and Its Inconclusiveness For Legal Liability
Declaring or creating law
The Preamble
The substantive provisions
Principles of legal liability and of exoneration
Absolute liability
Fault liability
Exoneration:gross negligence and intent to cause damage
A diagrammatic representation
An observation
Procedural principles-joint and several liability and apportionment of damages
The procedural provisions-claims and the Claims Commission
Analysis of provisions
Formation of a Claims Commission
The Secretary-General's equivocal position
Award and compensation
A diagrammatic representation
Notes
Chapter Ⅴ.The International Court for Outer Space
Introduction
Composition of the Court
Finality and enforcement of determination as a necessity
Jurisdiction
Geographical
In general
In particular
Individuals' complaints
The desideratum
The compromise
Immunity of States
The several doctrines
Sovereign immunity
Restrictive immunity:act-of-state
Voluntary withdrawal of immunity
Two caveats
Conclusions
Subject matter jurisdiction and principles of liability
Preliminary
Outline of four aspects of subject matter jurisdiction
Possible allocations of subject matter jurisdiction
Solely inner space contract or tort problems
Solely outer space contract or tort problems
Space problems which are questionably solely,related,or combined outer,inner,or dual
Notes
Chapter Ⅵ.Conclusions and Amendments
Amendments and contract jurisdiction
Amendments
Contract jurisdiction
Finality and enforcement
The International Court for Outer Space: A Compromise Suggestion
Notes
Appendices
Outlines of Possible Fact Situations for Claims Purposes
Ⅰ.Contracts-Delicts (Torts) (Identical Permutations and Combinations)
Ⅱ.Outer Space Per Se-Occupation or Possession of
Ⅲ.Outer Space Per Se-Occupation or Contamination by Manmade Junk,Debris,Chemicals,Gases,etc.
Ⅳ.Celestial Bodies (Excluding Earth),e.g.,The Moon Treaties and Conventions
Ⅴ.1976 Outer Space Treaty
Ⅵ.1968 Astronaut Rescue Treaty
Ⅶ.1972 Liability Treaty
Ⅷ.1974 Registration Treaty
Ⅸ.1979 Moon Convention
Tables
Ⅰ.Selected Acronyms
Ⅱ.Table of Cases
Ⅲ.Treaties-Liability Treaty 1972
-Outer Space Treaty 1967
-United Nations Charter
Selected Bibliography
Index