Controls for Outer Space and the Antarctic Analogy

Jessup, Philip C.; Taubenfeld, Howard J.

doi:10.7312/jess90754

Cited by 34 publications

(6 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…He saw outer space as a res communis that required international administration to avoid national conflict. 68 A similar conception was advanced for Antarctica. 69 These proposals represented for Jessup an evolutionary advance from a decentralized system based on reciprocity to more centralized regulation on matters "which escape the old territorial realm of national sovereignty."…”

Section: Jessup's Ideas O N I N T E R N a T I O N A L L A Wmentioning

confidence: 88%

Philip Jessup’s Life and Ideas

Schachter¹

1986

Am. j. int. law

View full text Add to dashboard Cite

Philip Jessup’s life was richly varied. Scholar, practitioner, teacher, administrator, diplomat, judge, prolific writer—he moved from role to role, displaying in each his abundant gifts of character and intellect. Every new job, each fresh subject was a challenge met with zest and high spirits. As a scholar, he was drawn to the issues of the day. He never hesitated to take sides when he felt he had good grounds to do so. In his classes and writings, he was as concerned with practical action as with new ideas. Endowed with a commanding presence, a remarkably resonant voice and a talent for lucid and lively expression, Jessup had no difficulty in getting the attention of an audience. He used concepts sparingly, but effectively, and he avoided windy rhetoric. On the whole, he favored narrative exposition, particularly highlighting the aims and predicaments of the individual actors. People, it seems clear, were more real to him than the abstractions of law or political theory. He was a stickler for thorough and detailed research, as his judicial opinions and books show. Concrete, unique facts were important to him; he had to get them right. Historical detail and revealing quotations were used by him with telling effect.

show abstract

Section: Jessup's Ideas O N I N T E R N a T I O N A L L A Wmentioning

confidence: 88%

Philip Jessup’s Life and Ideas

Schachter¹

1986

Am. j. int. law

View full text Add to dashboard Cite

show abstract

“…63. For an extensive treatment of this analogy, see Jessup and Taubenfeld 1959. See also remarks of Indian delegate, UN GAOR 1959, First Committee, Fourteenth Session, 1,080th meeting, 11 December, par.…”

Section: Moving To Multiple Analogiesmentioning

confidence: 96%

The use of analogies in developing outer space law

Peterson¹

1997

Int Org

View full text Add to dashboard Cite

Scholars focusing on international relations generally or foreign policy decision making are now paying increasing attention to the ways in which mental constructs—ideas, beliefs, ideologies, or worldviews—affect political actors' perceptions and behavior. The influence of mental constructs in political interaction is particularly visible when actors are trying to extend interaction into new areas or to establish new modes of cooperation. This study will illuminate the impact of mental constructs in these situations by examining the development of outer space law. The Soviets' successful launch of Sputnik in October 1957 shifted outer space from the realm of science fiction and speculation to the realm of real international concerns. Governments were faced with the problem of determining not only what they wanted to do in space but also what sorts of rules for unilateral activity and mutual interaction should prevail there.

show abstract

“…The establishment and maintenance of the stations was always an important part of sovereignty claims, as evidenced by the UK's 1943 Operation Taberin : after the UK perceived Argentina and Chile making claims close to its recently abandoned Antarctic stations it decided to re‐establish some of them, strengthening its own claims (Jessup & Taubenfeld, 1959). The UK was also keen to establish exclusive control by removing the markers placed by other states as part of the operation.…”

Section: Imperialism In Antarcticamentioning

confidence: 99%

Does Space Law Prevent Patterns of Antarctic Imperialism in Outer Space?

Padden

2022

Global Policy

View full text Add to dashboard Cite

This article will consider the ways states have exercised imperialism over Antarctica, focusing on two methods: the use of administrative acts and control over scientific research and resources. The article will then compare the Outer Space Treaty and the Antarctic Treaty System around these two methods, as well as the use of military capabilities as an important aspect of imperial control, to question whether space law prohibits imperialism. The Outer Space Treaty seeks to prevent the militarisation of space, the unequal use of resources and claims of sovereignty. However, given the methods of imperialism on Antarctica and the underdevelopment of space law, this kind of imperialism may also be exercised in outer space. It will argue that while formal sovereignty claims are prevented, de facto exclusive claims are not. The establishment of permanent bases under the jurisdiction of the sender state, and the commercial opportunities presented by scientific research and the exploitation of resources create incentives for the use of the military which is also not satisfactorily regulated by international space law.

show abstract

Controls for Outer Space and the Antarctic Analogy

Cited by 34 publications

References 0 publications

Philip Jessup’s Life and Ideas

Philip Jessup’s Life and Ideas

The use of analogies in developing outer space law

Does Space Law Prevent Patterns of Antarctic Imperialism in Outer Space?

Contact Info

Product

Resources

About