353. Circular Telegram From the Department of State to Certain Diplomatic Missions1
475. President Council International Civil Aviation Organization (Binaghi2) letter October 22 to US representative Council (David3) inquired whether in view development satellite capable traversing outer space states consider time ripe for international action re question of sovereignty outer space; if so whether they consider [Page 770] ICAO or some other existing organization or special conference should handle problem; if ICAO how it should be undertaken. A copy of Binaghi letter and US reply pouched with DS–4.4
David directed reply that considerably more experience and technical development needed prior action on problem. To evolve at this time theories re international principles applicable outer space or rules and regulations this matter might create undesirable and unnecessary obstacles and could do little further this work. Reply also noted that predominance interests other than civil aviation makes it appear unlikely US Government would desire make ICAO responsible consideration this problem.
Embassies requested promptly discuss this problem appropriate officials government addressee posts pointing out inability predict this early date what may be desirable methods dealing this problem. Unknown whether similar letters sent other Council representatives. However in view importance this matter every appropriate effort should be made to obtain concurrence US view expressed above and instruction by governments to Council representatives in accord with it. November 18 Council session Japan, Belgium and Mexico requested ICAO study outer space at early date. Long-range ICAO work program lists outer space study as project “which may possibly be undertaken in 1959”. We believe Council should shelve any such projects, and hope other members will join with us in opposing ICAO study space problems when question comes up again in Council.
Report soonest views governments approached and reaction US view. Since Council increasingly pushing toward study approach governments soonest.
Background includes anxiety ICAO Secretariat assume action responsibility this field and note in report Legal Commission Tenth Assembly ICAO approved by Assembly that when work re law outer space timely ICAO appropriate forum. Nevertheless view ICAO responsibilities international civil aviation and nature development outer space activities US Government wishes avoid action this organization. Canadian representative likewise received letter from Council President and replied to effect matter should first be examined by United Nations and that even preliminary explorations ICAO states would be of no avail until more important aspects covered by UN. However reply continued by suggesting report and analysis ICAO Observer at UN be circulated asking states comments. Further stated that problems did fall within ICAO functions and that there might be some benefit from having matter on future [Page 771] general work program Legal Committee. We hope Canada and any others holding latter views can be persuaded to revise them.5
- Source: Department of State, Central Files, 701.022/11–2557. Official Use Only; Priority. Drafted and initialed for the Secretary by H. Alberta Colclaser, Assistant Chief of the Aviation Division, Office of Transport and Communications, Bureau of Economic Affairs. Sent to 21 posts.↩
- Walter Binaghi, Argentina.↩
- Presumably Paul T. David, American economist. The letter is not printed.↩
- Not further identified.↩
- In circular telegram 495, December 2, the Department informed 20 diplomatic missions that “Letters comparable Binaghi letter Oct. 22 to David received by representatives US, UK, Canada and France only. Nov. 25 ICAO President circulated memo all Council representatives raising question whether now appropriate initiate studies outer space and suggesting informal Council discussion this matter Fri. Dec. 6.Dept. hopes instructions Council representatives received by that date.” (Department of State, Central Files, 701.022/12–257) No formal action was taken by the ICAO on this issue during the remainder of 1957. For additional information, see Yearbook of the United Nations, 1957 (New York, United Nations Office of Public Information, 1958), pp. 471-476.↩