BOOK REVIEWS
Stephen E. Doyle*
LAW AND PUBLIC ORDER IN SPACE
by Myres S. McDougal, Harold D. Lasswell and Ivan A. Vlasic
New Haven: Yale University Press, 1963, pp. xxvi, 1147.
Indices. $15.00.
This volume is the latest in a series of studies examining the
concept of a world public order. Earlier books in the series include
Studies In World Public Order (1960), Law and Minimum World
Public Order (1961), and The Public Order Of The Oceans (1962).
Each of the studies has had multiple authors; the common and
dominant participant in all the works of the series is Myres S.
McDougal, Sterling Professor of Law, Yale University.
Law and Public Order In Space is the work product of many
more than the three named authors. The Preface shows that many
lawyers, academicians, government officials, commentators of inter-
national repute, and “several generations” of Yale students have
contributed, each in some measure, to the work. Financial support
for the project was provided by the Rockefeller Foundation, the
Ford Foundation, the Stimson Fund, and Yale University.
The principal purposes of this book are to outline a framework of inquiry
for study of the law and public order of space in their larger context and
to suggest certain preliminary clarifications, from the perspectives of a
comprehensive public order of human dignity, of the common interests of
all people in the prescription and application of general community policies
with respect to some of the more important new problems. (p. v).
This statement concisely and accurately summarizes the content
of the book. Its basic function is “to outline a framework of inquiry.”
The framework is not entirely new in this volume, having been
substantially formulated and expressed in other parts of the public
order series and in recent collateral articles and addresses.
The work is divided into four parts. In part one the entire problem
is set in its context. Part two outlines the system of inquiry; this
* LL.M. candidate, Institute of Air and Space Law, McGill University.
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system is applied in part three to elements of the problem selected
by the authors for analysis.
The initial chapter examines “The Processes of Interaction, Claim
and Decision.” The participants in space activities are identified, and
their objectives, base values and probable outcomes are considered.
The system of interaction is placed in its environmental situation;
the probable patterns of claims to authority and a catalogue of
specific claims is offered; the chapter concludes with an examination
of decision-making machinery in “The Constitutive Process of Au-
thoritative Decision.”
The suggested “framework of inquiry” is set out substantially in
chapter two, “The Comprehensive Public Order: Inclusive Interests
and Exclusive Interests.” Here the authors include careful state-
ments of purpose and definitions of terminology.
It is the task of the present inquiry to clarify a framework within which
realistic assessment can be carried out of the relevance of alternative policies
for the science and policy of the earth-space community. (p. 145).
We postulate a preferred pattern of value distribution and invite all who
will to join in discovering and proposing policy principles and particular
policies for the implementation of these objectives. We outline the conse-
quences to be expected from recognizing common rather than special interests
in space and draw implications for the structure of world public order.
(p. 142).
Exhaustive definitions carefully clarify the language of the work.
Any reader seeking to appreciate the import of the major proposi-
tions of the work must first devote close attention to these definitions
(pp. 145-56).
In the opening chapter, and throughout the central, more fac-
tually expository portions of the book, the reader is not confronted
by the “framework of inquiry”; he is adroitly conducted through
evaluations of selected situations by means of the application of the
framework. In chapter three the authors begin the “study of the
law and public order of space in their larger context.” Subsequent
chapters of the work examine “some of the more important new
problems” always “from the perspectives of a comprehensive public
order.” The application of the framework in Part III, entitled “Proba-
ble Trends in Decision and Conditioning Factors,” analyzes claims to
access and competence in space, ramifications of nationality of space-
craft, problems of jurisdiction or conflicts of claims, potential pro-
blems of space resources utilization, problems of enterprisory activi-
ties, and potential interactions with yet-to-be-discovered sentient
societies.
No. 2]
BOOK REVIEWS
The concluding portion, part four, contains an appraisal of the
problem and recommendations by the authors of alternative methods
for achieving the ultimate goal of a “comprehensive public order of
human dignity.” The authors summarize their conclusion as follows:
In the preceeding sections of this book we have sought to identify the
fundamental features of the system of public order that we recommend for
the space age, and we have offered relatively specific recommendations about
many specific problems. The task which remains is fourfold : to reaffirm
the basic goals of an inclusive system of public order for all advanced forms
of life; to outline the constitutive process appropriate to maintenance of
the recommended system; to identify the principal factors likely to affect
the establishment and maintenance of this constitutive process; and to
specify the policies that we recommend under contingent conditions for
promoting and securing the constitutive arrangements required. (p. 1025).
The fundamental argument of the work is that the destruction
of mankind is in balance with a potential era of “undreamed-of
abundance and benevolence.” The fulcrum of this balance is the
Damoclean sword-edge of nuclear stalemate. The alternatives open
to man are few. In the view of these writers no alternative offers
the hope and solidarity of resort to the proposed system of public
order. The system is built upon basic principles including (1) terri-
torial inclusivity, (2) plurality, and (3) equality of participants. Its
procedural requirements include establishment of a fundamental
constitutional document, disciplined problem-solving in a system of
recorded courts, and developmental activities to assure the emer-
gence of an elite capable of the phenomenal task of organizing the
system. These are only introductory ideas relating to the “constitu-
tive process appropriate to the recommended system.” Without pursu-
ing the details of the system, perhaps enough has been set forth to
demonstrate the immense undertaking the authors suggest. It is
submitted that universal participation in the formulation and achiev-
ment of desired goals for the entire community will continue to be
an impossibility controlled by the dominance of private over public
interests in emerging States. Obviously the substantive content of
such a large and complex work cannot be evaluated in detail in a
review of this nature. But we should consider some of the mechanical
aspects of the work such as style, language and readability. In con-
cluding we offer a few observations on its general utility.
The style of the book, generally consistent with other works in
the series, is unnecessarily complex. Frequently recurring headings of
subsections examining identical topics from slightly varying aspects,
and frequent repetition of identical sentences and phrases contribute
to the excess bulk of the volume, and create an impression of ver-
bosity. Fluctuations in style and language occur throughout the work,
frequently betraying clearly the point at which one author’s contribu-
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tion ceases and another’s begins. In footnoting as well, the author of
many portions of the text is determinable by noticing the frequency
of citation to collateral works of each of the authors. The variations
in style, while jarring to a carefully concentrating reader, may
provide appreciated relief for the reader not accustomed to the rich
and complex language of portions of the book. Overall, the book has
a ponderous, overbearing style which challenges any reader’s vocabu-
lary, and requires the ability to follow complicated arguments through
complex sentences at times one-half a page in length.
The language of the text is frequently technical and of varying
quality. The elaborate language of the theoretical, socio-jurispruden-
tial portions of the work contrasts sharply with the expository discus-
sions of scientific fact and analysis of other commentators’ views.
Apparent editorial attempts to lessen these contrasts have resulted
in an apatetic effect.
The observations relating to style and language are decisive in
evaluating readability. Obviously no one will attempt to absorb the
more than one thousand pages of this volume in a few sittings.
Careful indexing has made it usable as a research tool; the name,
case and subject indices comprise twenty-nine pages. When employed
as a source book for commentary on specific topics, the work’s
limited readability should not impede its usefulness.
One shortcoming of the work is its lack of factual accuracy.
There are two factors contributing to this lack. The first emerges
from the rapidity with which our world technology moves forward.
Progress in nuclear energy, electronics, propellants, vehicle designs,
international cooperative programs, international agreements for
regulating activities in space, and new project planning continues at
an accelerating rate. This speed of the age has resulted in the un-
fortunate process which limits the value of many worthwhile manu-
scripts in the interim between original drafting and final publication.
It is the phenomenon of embryonic invalidation –
the process by
which development in a field of human endeavor by-passes descriptive
and analytical literature before the literature can take the form of
a printed page. Law and. Public Order in Space was more than
three years in the making. Portions of its manuscript, while
undergoing continual reading and critical editorial analysis, could not
readily be kept current. In this work discussions of governmental
programs, statistics and facts relating to international organizations,
and views of commentators can be found which were valid when
written, but which have since become outdated and obsolete. In one
instance statistics nearly six years old at the time of the book’s
publication are included. (p. 267, nn. 222 and 223.)
No. 2]
BOOK REVIEWS
The second factor compounding the problem of assuring accuracy
in current literature discussing space legal problems is the plethora
of secondary, tertiary and unofficial materials upon which the student
is encouraged to rely for information in the absence of reliable,
current official and prime sources. (It may be noted that these two
factors affect much of the recent literature in the field of space law.
Because of the contemporary evolutionary pace of world society, no
factual publication can be completely current. However, the fact of
accelerating change does not excuse manifest tardiness. Nor is there
adequate explanation for frequent reliance upon low echelon sources
when more dependable and official sources are available. Reliance
upon newspapers, magazines and unofficial statements of organiza-
citing the author’s official rank
tional or governmental officials –
or title and ignoring a declaration of the unofficial nature of the
comments –
are undesirable practices in any responsible publication.)
Coming then to the general utility of this work, it is necessary
to recall its above-stated purposes. The authors have neither pur-
ported nor intended to include in this work a comprehensive and
detailed examination of all the legal problems relevant to space activi-
ties. They have discussed several of the major problems in consider-
able depth; they have recognized and discussed others less clearly
defined, and have surveyed the balance of issues with at least passing
mention of most topics currently found in the literature. As a legal
text the work has only limited scope, but on certain selected topics
it provides both depth of analysis and valuable insight. Considered as
one of a related series of studies of world public order the book
comes into its proper perspective.
Realizing that this work is intended as an outline of a framework
of inquiry, the reader should appreciate that the problems offered by
the world’s advancement into the space milieu may be examined
under varying frameworks of inquiry. The most significant single
contribution of this work is the extensiveness of the scope of inquiry
it suggests as essential. The authors have taken an interdisciplinary
approach to legal problems which is rarely equalled in legal literature.
The book embraces a tremendous scope including considerations of
astronomy and geophysics, engineering, biology, law, politics, econo-
mics, sociology, psychology and other factors in the interactions of
the world community. It encourages consideration of legal problems
as part of an immense complex of problems, and it places all parti-
cipants in a relative status in the entire community. The authors
point out that:
As scholars, our role in relation to official decision-makers is fundamentally
the same as in regard to the whole body of citizens. We observe and propose;
decision-makers dispose. Within the manifold of past, present, and prospec-
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tive events the goals of public policy can be clarified as to timing and
specificity, and the principal strategies of public policy brought into relation-
ship to the whole. (p. 142).
If decision-makers comprehend the system proposed and employ
any of the alternative policies recommended, the system’s viability
and feasibility can be tested. Until application of the principles and
policies is attempted, the work will serve as a handbook for parti-
cipants of suggested methods of attaining certain preferred goals.
The book is simultaneously optimistic, skeptical, pragmatic and
visionary, but the authors may have undone themselves by putting
forward their thesis in so complex and voluminous a work. To be
effective this book would have to be read by many; in its present
form that is not a very real probability.
