Doyle, Steven E.

English

Duke Law Scholarship Repository

DUKE LAW JOURNALning that should be taken to meet some of the problems raised inher book:We need new and better legislation that uses the knowledge wehave to protect children, not to punish parents. We need com-munity planning specifically devised to make the best use possibleof every available dollar, to give the maximum benefit to children,and to coordinate and develop every potential resource to its full-est capacity. We need greater public understanding of the prob-lems and complexities child welfare faces in trying to protectchildren and greater support of its efforts and needs.Finally, we need much more knowledge.... We need researchthat will pursue the many questions that can only be suggested bythis study. We need to know causes and means and fulfillablegoals.2 'I shbuld like to underscore these steps. I should note, however,that in "Wednesday's Children" Dr. Young herself has added agreat deal of knowledge. She has also contributed significantly to-ward clarity in the field.SANFORD N. KATZ*SPACE LAW AND GOVERNMENT. By Andrew G. Haley." New York:Appleton-Century-Crofts, 1963. Pp. xvii, 584.Andrew G. Haley is a lawyer of over thirty years' experience.He has nursed the growth of communications law from the earliestdays of radio and television regulation, and has become a leadingworld authority in technical and legal matters of communicationsand astronautics.2 Mr. Haley's latest book, "Space Law and Govern-ment," has received the scrutiny of several technical, medical andscientific reviews. 3 Although the work is primarily a study of "law,"it has not received a detailed legal review. For that reason thepresent review considers neither the discussions of technical and2" YOUNG, WEDNESDAY'S CHILDREN 148 (1964).*Associate Professor of Law, The University of Florida.1 Secretary, International Institute of Space Law, Washington, D.C.'Mr. Haley's expertise in the general field of astronautics is amassed from hisexperience as a founder and first President of Aerojet Engineering Corporation,President of the American Rocket Society and the International AstronauticalFederation, and General Counsel of the latter two organizations for a cumulativetotal of twenty-seven years.sReviews have appeared in 50 A.B.A.J. 477 (1964); 48 Ordinance 580 (March-April, 1964); 14:16 Missiles and Rockets 43 (April 20, 1964); 31 TelecommunicationsJ. 145 (1964); 18:5 Signal 38 (Jan. 1964); Time, Nov. 29, 1963, at p. 54.[Vol. 1965: 208scientific problems nor his treatment of political and economicaspects of spaceflight activities; these have been acknowledged asextremely competent and valuable. This review seeks to examinethe lawyer Haley, and his contribution to legal literature in thestudy of "Space Law and Government."Early in the book, the author discusses the traditional bases ofinternational law. Contemporary proponents of the "empirical-sociological" theory of space jurisprudence 4 are criticized 5 for theirrevolutionary theories. In arguing that their approach to law isunviable and unrealistic, Mr. Haley contends that the general prin-ciples of Natural Law must be acknowledged and respected as theprime source of all law, particularly that of the international com-munity.Whether one tends to embrace the concept of Natural Law as abasis for international law or subscribes to the more pragmatic, em-pirical-sociological thesis, the resolution of the apparent conflict be-tween these alleged extremes of jurisprudential thought is evidenceddaily in the relations among States. It is in fact "what the courtsdo" which is the ultimate concern of practicing attorneys. Courtsmay cite St. Thomas Aquinas, or they may invoke a redefinition oflegal concepts necessitated by changing socio-economic circum-stances. In the final analysis, however, judicial decisions are es-sentially a compromise between the Pragmatic needs of contemporarysocial relations and the eternal and immutable principles of NaturalLaw. Neither approach validly precludes the other.In the final chapter of his book, Mr. Haley advances his ownrevolutionary concepts of law. The elaborately explained system ofMetalaw is expounded in the most detailed and complete treatmentaccorded the subject to date. Mr. Haley insists that continued re-liance upon anthropocentric concepts of law could be fatal to thecommunity of mankind if and when contact is established with othersentient societies on distant celestial bodies. The "golden rule"which has inspired so many philosophers on our planet must, underHaley's analysis, be inferior to the appropriate universal preceptthat "We must do unto others as they would have done unto them."These general, philosophical and jurisprudential discussions ac-'COHEN, LAW AND POLITICS IN SPACE (Cohen ed. 1964); McDOUGAL, LASSWELL &VLAsIc, LAW AND PUBLIC ORDER IN SPACE (1963).Mr. Haley's critical approach to the "empirical-sociological" school is shared byProfessor Richard Baxter of Harvard.Vol. 1965: 208] BOOK REVIEWSDUKE LAW JOURNALcount for only a small portion of the work. In early chapters of thebook, Mr. Haley examines the legal situation with regard to theexpress and tacit consent of States to the passage of foreign space-flights over their territory, and he offers a detailed history of thefactual experiences of States with overflying space vehicles. Care-fully avoiding analysis of prior experience in maritime and air law,from which analogies to space situations might be drawn,0 he con-tends that such analogies have only limited value and applicabilitywhen considered as bases for space law. The physical nature of thespace realm is so unique, and experience there so meager, thatlabored analogies cannot be expected to meet the needs of seriouslegal scholars in formulating or considering a legal regime for space.Once again, compromise is required. Haley harmonizes an es-sentially conservative Natural Law philosophy, that would analogizespace law and immutable principles of terrestial law, with a liberal,flexible approach. His analysis implicitly recognizes that althoughpast experience has substantial precedential value, the law regulatingnovel activities in a new environment must be dictated by theneeds of the future. If properly synthesized, past experience, cur-rent precedent, and social needs of the future may assume theirproportionate roles in the formulative process.After examining the traditional concepts of sovereignty, its estab-lishment, maintenance and manifestations, Mr. Haley notes the re-luctance of participating States to enunciate clearly their policyconcerning the legal status of celestial bodies, and the possibilitiesof establishing sovereignty over them. Despite the declarations ofthe United Nations, the question remains dangerously open, andtherefore Mr. Haley considers the legal status of celestial bodies tobe a pressing, high-priority problem.In chapter seven Mr. Haley offers an analysis of, and reactionsto, the current state of the communications law relevant to space-flight activities. Because of his expert qualifications to discuss thepresent status of communications and to suggest and project futuredevelopments, he is technologically more competent here than inany other part of the book. His history and analysis of the Inter-national Telecommunications Union, its accomplishments, incapaci-ties, problems, and prospects is the best available in space legalliterature.6 See, e.g., McDouGAL, LAss-ELL & VLAsic, supra note 5.[Vol. 1965: 208BOOK REVIEWSThe subsequent chapter, concerning the question of liability forpersonal injury and property damages resulting from spaceflightactivities, is the most legally detailed and elaborately analyzed prob-lem in the book. Treating the questions of nuisance, trespass, abso-lute liability, negligence, sovereign immunity, the Federal TortClaims Act, compulsory insurance,. vehicle recovery, claims of aliensand foreign governments, and the need for treaties to resolve exist-ing problems, this chapter contains the cases, commentary and crea-tivity of an outstanding legal discussion based upon sound legalresearch. It is the only portion of the work which could stand aloneas a purely, legal treatment of current space problems. The analysisis comprehensive, and the research is exhaustive."Space Law and Government" was many years in preparation. Itevidences clearly that its author is no Johnny-come-lately withchrome-plated solutions to problems which have long confrontedscholars. The book is written in a flowing narrative style whichoccasionally loses vitality when lengthy technical explanations areoffered as background for subsequent general and legal discussion.In this regard Mr. Haley may have been too generous in the pro-vision of technical information; however, for the non-technical read-er who is sufficiently interested, ample material is offered to fill gapsin experience. The book does not purport to supply a panacea forman's growing pains as he expands into space. It is an attempt bya man with a lifetime of experience to discuss a complex and inter-related group of legal, social, political, economic, scientific, and tech-nical problems.As a legal work, portions of the text are of high quality, accurate,and pithy; the bulk of the book is devoted to explaining the con-text from which the- law must emerge. As an excellent layman'ssurvey and useful student's introduction, it combines purely legaland pragmatically politic ideas with a wealth of functional, mun-dane, and useful experience of scientists and technicians. The bookis a survey, a commentary, and a small library of relevant appendeddocuments worked into a readily digestible unit. While it is not alaw book in the strict sense, it could be profitably read by any mem-ber of the legal profession.STEPHEN E. DoYLE** BA. University of Massachusetts 1960; LL.B. Duke 1963; Candidate for LL.M.,Institute of Air and Space Law, McGill University, Montreal.Vol. 1965: 208]

Space Law and Government. By Andrew G. Haley

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Space Law and Government. By Andrew G. Haley

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