International Regimes for the Final Frontier

M. J. Peterson

Description

Neither rational choice theory, with its emphasis on interest calculation, nor sociological institutionalist theory, with its emphasis on identity-defined rule following, indicates how governments determine which of their multiple interests or identities are at stake in a particular situation or how they develop mutual comprehension of each other's goals. International Regimes for the Final Frontier addresses these gaps by tracing how governments approach an unfamiliar issue—in this case, international agreements regulating human activity in outer space between 1958 and 1988—and examines three ways situation definitions channel governments' approaches to issues or problems.

Preface
Affiliations of Authors Involved in Space Negotiations

1. Creating Regimes for “The Final Frontier”

Actors, Social Structures, and Interaction
Situation Definitions and Interaction
The Patterns of Space Activity, 1957–1988
Plan of the Study

2. The Institutional Context of Negotiations

Fundamental Institutions of the States System
The UN Forums
Participants in the Negotiations
Implications of the Two Levels of Institutions

3. The Locational Classification of Outer Space

Classifying Outer Space as a Location
Reasoning by Analogy
Selecting the Initial Analogy for Classifying Outer Space
Moving to Multiple Analogies
Delimiting the Outer Space Commons
Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes

4. Aspects of Spaceflight

Appreciating the Registration and Rescue Problems
The Soviet Initiative on Rescue of Space Crews
The French Initiative on Registration
Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes

5. Liability for Damage on Earth

Appreciating the Situation
Setting the Broad Parameters and Resolving the Uncontentious Questions
Resolving the Acute Disagreements
Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes

6. Military Activity in Outer Space

Appreciating the Situation
From “Outer Space” to “Space” and “Celestial Bodies”
Confirming the Separation and the Different Rules
Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes

7. Exploring and Using the Moon

Appreciating the Situation
Providing Reassurance
Contending over Resource Management
Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes

8. The Orbit-Spectrum Resource

Appreciating the Situation
Bringing Space Uses into the Radio Regime
The Third World Drive for Comprehensive Planning
Elaborating the Mixed Access Rule
Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes

9. Situation Definitions in the Outer Space Negotiations

Establishing Situation Definitions
The Impact of Situation Definitions on Preference Formation
The Impact of Situation Definitions on Preference Aggregation
The Impact of Situation Definitions on Negotiation Outcomes
Situation Definitions and Explanations of Actor Conduct
The Future of the Space Treaties

Notes
Bibliography
List of Titles, SUNY series in Global Politics
Index

Sujets

• Physique
• Physical attractiveness
• International relations
• Astrophysics
• International law

Informations

• Publié par: State University of New York Press
• Date de parution: 01 février 2012
• Nombre de lectures: 0
• EAN13: 9780791483053
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

INTERNATIONAL REGIMES FOR THE FINAL FRONTIER

SUNY series in Global Politics James N. Rosenau, Editor

INTERNATIONAL REGIMES FOR THE FINAL FRONTIER

M. J. Peterson

State University of New York Press

Published by State University of New York Press, Albany

© 2005 State University of New York

All rights reserved

Printed in the United States of America

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For information, address State University of New York Press, 90 State Street, Suite 700, Albany, NY 12207

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Library of Congress Cataloging in Publication Data

Peterson, M. J., 1949– International regimes for the final frontier / M.J. Peterson. p. cm. — (SUNY series in global politics) Includes bibliographical references and index. ISBN 0-7914-6501-2 (hardcopy : alk. paper) — ISBN 0-7914-6502-0 (pbk. : alk. paper) 1. Outer space—Exploration—International cooperation. 2. Astronautics— International cooperation. I. Title. II. Series.

QB500.26.I58P47 2005 333.9’4—dc22 2004019858

10 9 8 7 6 5 4 3 2 1

CONTENTS

Preface Affiliations of Authors Involved in Space Negotiations Chapter 1. Creating Regimes for “The Final Frontier” Actors, Social Structures, and Interaction Situation Definitions and Interaction The Patterns of Space Activity, 1957–1988 Plan of the Study Chapter 2. The Institutional Context of Negotiations Fundamental Institutions of the States System The UN Forums Participants in the Negotiations Implications of the Two Levels of Institutions Chapter 3. The Locational Classification of Outer Space Classifying Outer Space as a Location Reasoning by Analogy Selecting the Initial Analogy for Classifying Outer Space Moving to Multiple Analogies Delimiting the Outer Space Commons Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes Chapter 4. Aspects of Spaceflight Appreciating the Registration and Rescue Problems The Soviet Initiative on Rescue of Space Crews The French Initiative on Registration Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes Chapter 5. Liability for Damage on Earth Appreciating the Situation

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vii ix 1 2 8 14 18 21 21 24 37 39 41 42 44 49 53 59

66 75 76 80 87

91 101 101

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INTERNATIONAL REGIMES FOR THE FINAL FRONTIER

Setting the Broad Parameters and Resolving the Uncontentious Questions Resolving the Acute Disagreements Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes Chapter 6. Military Activity in Outer Space Appreciating the Situation From “Outer Space” to “Space” and “Celestial Bodies” Confirming the Separation and the Different Rules Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes Chapter 7. Exploring and Using the Moon Appreciating the Situation Providing Reassurance Contending over Resource Management Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes Chapter 8. The OrbitSpectrum Resource Appreciating the Situation Bringing Space Uses into the Radio Regime The Third World Drive for Comprehensive Planning Elaborating the Mixed Access Rule Explaining Preference Formation, Preference Aggregation, and Negotiation Outcomes Chapter 9. Situation Definitions in the Outer Space Negotiations Establishing Situation Definitions The Impact of Situation Definitions on Preference Formation The Impact of Situation Definitions on Preference Aggregation The Impact of Situation Definitions on Negotiation Outcomes Situation Definitions and Explanations of Actor Conduct The Future of the Space Treaties Notes Bibliography List of Titles, SUNY series in Global Politics Index

103 113

117 125 126 133 141

144 153 154 156 158

164 173 174 183 185 193

200 213 214 217 220 228 231 235 237 281 315 319

PREFACE

Growing up during the cold war meant getting an early exposure to outer space activity. I am not quite old enough to remember the furor that arose in the United States after Sputnik went into orbit in October 1957, but I distinctly remember watching launches, astronaut “splashdowns,” the first transatlantic TV broadcasts relayed by Telstar in July 1962, and the Moon landing in July 1969. Unlike my brother Dave, who credits my dragging him to the TV to watch a launch as the start of his continuing interest in outer space, my main interests tended else- where, and outer space activity had receded from my attention by the time I grad- uated from college. Research on international regimes for fisheries and Antarctica led my mind back to outer space in the late 1980s. Since I thought space activity would pro- vide another set of examples for understanding the creation and implementation of international regimes, I devoted a significant amount of time to researching and drafting such a study. By early 1994, I realized that this study had reached a dead end, because I had nothing useful to say that was not already being pre- sented more cogently by others. Not long afterward my vague interest in some of the cognitive science literature aquired greater focus as scholars grappling with the “agent-structure problem” acknowledged that sound theorizing on it required identifying the mental processes by which individual actors came to shared understandings of their situation and each other. My accumulation of notes about the outer space negotiations then became a resource for studying how reasoning by analogy helped governments understand outer space activity and negotiate agreements about regulating it. This initial effort was published in spring 1997 as “The Use of Analogies in Developing Outer Space Law,” inInternational Orga- nization51, no. 2; the discussion of reasoning by analogy in chapter 3 is a reworked version of that argument. An opportunity to update and publish my dissertation research, coinciding with a five-and-a-half year term as editor ofPolity,diverted me from outer space topics again until mid-1999. Editorial term complete and anxious to return to the research, I spent 1999–2000 in a highly productive sabbatical year at the University of California Berkeley. There I had time to do additional reading in

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international relations theory, cognitive science, and symbolic intractionist soci- ology, and to recast my outer space materials into a more extended and detailed argument than could be presented in a journal. The resulting manuscript ended up being too long even for book publishers, and the process of splitting it into two main parts, submitting them for publication separately, and having reviewers pick each apart helped me sharpen the argument. The smaller portion, published in 2004 as “Diverging Orbits: Situation Definitions and the Creation of Regimes for Broadcast and Remote Sensing Satellites,” in theAmerican Political Science Review98, no. 2, uses the situation definitions argument to explain two space negotiations not addressed in this book. The larger part is presented here, and the discussion of situation definitions and their effects in chapters 1 and 9 is a further refinement of that argumment. Long journeys involve help from many people along the way, with the length of the journey inducing somewhat hazy recollections of who provided what help. Thus, I have no doubt I have left some peope out of this acknowledg- ment, and apologize to them for my bad memory. Peter Haas and Ernst Haas pro- vided general encouragement and comments on early drafts. Peter, by starting the process, and Ernie, by agreeing to be host, also engineered my opportunity to work at Berkeley and see something of the American West. At Berkeley David Caron, Bev Crawford, and Beth Simmons also provided comments and encour- agement. Fellow users of the political science department’s computer lab, and the various affiliates of the Institute for Government Studies provided congenial “homes away from home” when I had had enough of working alone in the library or my apartment. In the early 1990s, during a previous sabbatical at the Univer- sity of Maryland, Virginia Haufler and Christopher Joyner encouraged and dis- cussed the earlier phase of this research. The workings of peer review mean that I do not know the identities of some twelve scholars who provided comments on drafts of the 1997 analogies article, two versions of the 2004 satellites article, or this book. Later conversation allows me to thank Daniel Deudney by name, but all the reviewers provided helpful comments or useful reactions. Now that I am outside the realm where the norm against thanking journal editors in theor own pages applies, I can express to John Odell (IO) and Lee Sigelman (APSR) my appreciation for their encouragement and editorial prodding. The beginning phases of the research were supported by a Faculty Research Grant from the Uni- versity of Massachusetts Amherst. Final assembly of the manscript was greatly aided by Evren Celik. Amy Kuether prepared the index. Judith Block and a sharp-eyed assistant, Ryan Hacker, kept the production process on track.

AFFILIATIONS OF AUTHORS INVOLVED IN SPACE NEGOTIATIONS

Priyatna Abdurrasyid,adviser to the Indonesian Minister of Telecommunications Loftus Becker,Legal Adviser, U.S. Department of State Marieta Benko,adviser to to the German delegation to the Outer Space Committee Michel G. Bourely,formerly Legal Adviser to the European Space Agency J. H. Carver,chair, Outer Space Committee’s Scientific and Technical Committee, 1970–1992 John H. Chapman,Telecommunications Canada Aldo Armando Cocca,member and later head of the Argentine delegation to the Outer Space Committee George A. Codding,U.S. Federal Communications Commission Richard R. Colino,Director-General of INTELSAT Charles Dalfen,adviser to the Canadian Communications Department and member of the Canadian delegation to the Outer Space Committee and its Legal Subcommittee Sune Danielsson,Director of Radio Sweden and member of the Swedish delegation to the Outer Space Committee’s Legal Subcommittee Paul G. Dembling,NASA General Counsel in 1960s, member of U.S. delegation to the Outer Space Committee’s Legal Subcommittee Wilson Dizard,member of U.S. delegations to ITU conferences in the 1970s and early 1980s

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