No. 1]
NOOK REVIEW
Book Review
Aerospace Law. By Nicolas Mateesco Matte. London: Sweet & Maxwell.
Toronto: The Carswell Company Ltd. 1969. Pp. 501.
Already the author of a number of French-language books on
various aspects of international law, Nicolas Mateesco Matte, Pro-
fessor of Air and Space Law at Universit6 de Montr6al, visiting
Professor at the Universities of Paris, Aix-Marseille and McGill and
a well-known Montreal lawyer, now presents AEROSPACE LAW
as his first major work in English. 1
The achievements of the space technology and space explorations
have created and will continue to create a host of complex inter-state
relations which will require legal regulation. The author treats this
legal regulation as a separate branch of law, namely “aerospace law”.
He seems to accept the definition of “aerospace” as “earth’s envelope
of air and the space above it, the two considered as a single realm
for activity in the flight of air vehicles and in the launching, guidance
and control of ballistic missiles, earth satellites, dirigible space
vehicles and the like”.2 Nevertheless, in spite of this broad definition
of “aerospace” the book is actually confined only to legal problems
of “space” explorations.
The first part of the book entitled “Space and Space Vehicles”
deals mainly with the legal status of space and presents a penetrating
analysis of different theories. The author advocates the functional
theory and considers that the demarcation of the boundary between
the “air space” and “space” is neither an urgent problem nor even
one which needs to be resolved. In the light of this theory, there
exists only one medium, the coelum, which should be considered a
unity and in which states would exercise functional sovereignty (for
the purpose of air navigation and in the interest of military security)
and enjoy functional freedom (for the purpose of peaceful ex-
ploration). While the author refuses any analogies with maritime
law, he asserts that the natural corollary to the principle of freedom
of space is the right of every state to have access to these heights
(including the incidental flight over the territory of another state,
at whatever altitude that may be), just as landlocked states have
the right to have access to the high seas. Somewhat surprising is
1 A French edition of the book has been published by Ed. Pedone, Paris, 1969.
2 Matte, at p. 19.
McGILL LAW JOURNAL
[Vol. 16
the assertion that “aeronautical law” (i.e., air law) should apply
to mixed planes and satellites which can fly in air and in space and
which are used for “earthly missions”, such as the transport of
persons or merchandise, weather information, for the transmission
of radio or TV programs, etc.3 It would appear that in this respect
the functional theory fails and the question of boundary between
“air” and “space” becomes relevant.
Part II of the book gives an outline of the structure and work
of international non-governmental and governmental organizations
dealing with space activities and the development of space law; of
particular interest is the detailed and up-to-date analysis of the
development of space law in the United Nations, as well as in the
specialized agencies in relationship with the United Nations (ITU,
WMO, ICAO, UNESCO). Interesting references are also made to
bilateral agreements on cooperation in the exploration and use of
outer space as well as to space activities of individual states.
Part III bears the title “Economic utilization and exploitation of
space” but deals exclusively with the utilization of space for tele-
communications and with the organizational structure and work of
COMSAT and INTELSAT. In the critical survey of COMSAT and
INTELSAT 4 the author reproduces the critical comments of certain
scholars (in particular from the USSR) but his personal opinion is
not quite clearly stated.
Part IV is concerned with treaties, agreements and projects on
the peaceful uses of outer space. It will be found extremely useful
by any reader interested in
the history, procedure and political
context of international law-making. In Chapter I the author discusses
the vital prerequisite of securing the maintenance of minimum order
in the earthspace arena –
the issue of general and complete dis-
armament and of non-proliferation of nuclear arms. The focal point
of Chapters II and III on the peaceful uses of space is a merciless
critical analysis of the Outer Space Treaty of 1967, the wording of
which the author finds inaccurate, ambiguous, confusing and even
contradictory. Chapter IV presents an analysis of the Agreement on
the Rescue of Astronauts, the Return of Astronauts and the Return
of Objects Launched into Outer Space (1968) and Chapter V outlines
the problem of international liability for injury or damage caused
by space vehicles on which – with many difficulties still to be
a draft convention is being prepared in the United
overcome –
Nations.
3 Ibid., at p. 73.
4 Ibid., at pp. 217-221.
No. 1]
oBOOK REVIEW
The book contains over 100 pages of useful documents, such as
the full texts of all the relevant resolutions of the United Nations
General Assembly and texts of all important international agreements
referred to in the book. These Annexes and ‘a detailed bibliography
of space law guarantee that Professor Matte has prepared a handy
reference book which purveys accurate and up-to-date information.
AEROSPACE LAW is a book of high scholarly standard and it
deserves the attention of ‘anyone studying space law. Several theo-
retical conclusions may be open to discussion but the book as a whole
is a useful contribution to knowledge of a field of law which, though
it has only recently emerged, will fascinate lawyers and laymen
for many generations to come.
It is to be regretted that a book of this size does not contain
an index and that the English edition is plagued with some dis-
turbing typographical errors. It is difficult to refrain from com-
menting on the picture shown on the cover which shows an artist’s
concept of launching of a satellite from the surface of the moon; the
trajectory of the satellite leaves no ‘doubt that the satellite is heading
for collision with the surface of the moon. Fortunately, the book
itself shows more optimism in respect of the successful outcome of
the exploration of the space.
M. MILDE
Montreal
* Legal officer, ICAO Secretariat, Professor of Law, Charles University,
Prague.
