Military Implications of an SPS

In the interest of verification, the treaty allows any State Party to inspect all facilities in space, whether the facilities are owned by a nation, corporation, or individual. While some form of verification is desirable, this provision makes legal the unrestricted searches of private residences as well as government facilities . . . These are intolerable infringements of human rights. While the concept of inspection has limited precedent in international space law, the concept is likely to be controversial, notwithstanding arguments that the resident inspection system proposed here entails voluntary consent to inspection a priori by the owners of the facilities, rather than inspection upon demand. Baggage and cargo inspection and passenger screening enroute to SPS space facilities would provide a safeguard against weapon components being smuggled into SPS crew quarters; such inspection and screening is presently accepted by the public in connection with air travel, and is likely to be accepted for space travel, as well, by SPS personnel. Little precedent can be found in international law, politics, and relations for the formulation of an elite, supranational cadre of international representatives entrusted with inspection of important domestic facilities, but it is conceivable that such criticisms can be overcome. Unprecedented action is always possible, and it appears worthwhile to consider how this can be brought about for the SPS case. B.3 References and Notes 1. L. Oppenheim, Section 491 in: Vol. 1, International Law, L. Lauterpacht, ed., 8th Edition (London, 1963). 2. J.L. Brierly, p. 331 in: The Law of Nations, Sir Humphrey Waldock, ed., 6th Edition (Oxford, 1963). 3. Article 26 4. Brierly, op. cit, 5. Article XVI, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies; Article XI, Convention on Registration of Objects Launched Into Outer Space; Article XXVII, Convention on International Liability for Damage Caused by Space Objects; and Article 9, Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched Into Outer Space. (The complete texts of the Treaty on Principles and of the Convention on

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