Abstract
During the present century, and particularly during the period of time when Professor Juraj Andrassy has contributed in such an eminent way to the development of the doctrine of international law, this law has undergone many changes, brought about by state practice and agreements between states and by fundamental innovations in society itself. Four phenomena seem to have been of particular significance.
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References
Cf. Andrassy, „L’individu en droit international humanitaire,” Grundprobleme des internationalen Rechts. Festschrift für Jean Spiropoulos, Bonn 1957, pp. 1 ff.
Note that Valladao has suggested that space craft „devront porter un nouveau pavillon, celui de la Terre”. See Internationairechtliche und staatsrechtliche Abhandlungen. Festschrift für Walther Schätzel. Düsseldorf 1960, p. 489.
Cf. Fenwick, „International Law : The Old and the New,” 60 American Journal of International Law (1966), pp. 475 ff.
Cf. Eek, Freedom of Information as a Project of International legislation. A Study of International Law in Making, Uppsala 1953 pp. 10 f. Since that book was published not much has changed. At the twentieth session of the General Assembly in 1965 it was decided to postpone the consideration of the Draft Convention on Freedom of Information and the Draft Declaration on Freedom of Information to the twenty-first session in 1966. In 1966, the matter was postponed to the session in 1967. These questions were previously postponed at the eighteenth session in 1963 and could not be dealt with in 1964.
See Eek, op. cit., pp. 77 ff.
See Whitton & Larson, Propaganda. Disarmament in the War of Words. NewYork 1963.
Eek, op. cit., pp. 130 ff. Cf. Whitton & Larson, op. cit., pp. 159 ff.
Eek, op. cit., pp. 136 ff.
Space Communication and the Mass Media. A Unesco report on the occasion of the 1963 Space Communications Conference, UNESCO, Paris 1963, p. 5.
On space law see the recent work by G. Wilfrd Jenks, Space Law, London 1965, which contains a survey of legal developments and legal literature up to the end of 1964.
Cf. Jenks, op. cit., p. 251 ff.
There are, of course, in existence several bilateral and regional agreements and arrangements on various matters relating to outer space, and the 1963 Moscow Test Ban Treaty prohibits nuclear tests in outer space. This paper was prepared before the adaptation on January 27, 1967 of the Treaty on Principles Governing the Activities of States in the Exploration and the Use of Outer Space.
Cf. above p. 90.
Cf. Jenks, op. cit., pp. 257 f.
According to article I of the first Washington agreement the term „space segment” comprises „the comminications satellites and the tracking, control, command and related facilities and equipment required to support the operation of the communications satellites.”
Cf. Röling, International Law in an Expanded World, Amsterdam 1960.
See also Eek, „International Law: The First Encounter,” in Acta scandinavia juris gentium 1965, Pp. 81 ff.
Virally, „Vers un droit international du développement,” Annuaire français de droit international 1965, pp. 3 ff.
Virally, See also Proceedings of the American Society of International Law at its Sixtieth Annual Meeting, Washington, D.C., 1966.
Article 26 of the Universal Declaration of Human Rights reads as follows: 1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3) Parents have a prior right to choose the kind of education that shall be given to their children.
Unesco report, mentioned above in footnote 1 (p. 92) .
In General Assembly resolution 1148 (XII) of 14 November 1957 it was stated in paragraph (f) that a forthcoming disarmament agreement should provide for „the joint study of an inspection system designed to ensure that the sending of objects through outer space shall be exclusively for peaceful and scientific purposes.”
Cf. the Space Law Committee Report to the Helsinki Conference of the International Law Association in 1966, the report of the Meeting of Experts on the Use of Space Communication by the Mass Media, December 1965 (UNESCO/MC/52) and UNESCO document 14C/25 (23 September 1966) .
Jessup & Taubenfeld, Controls for Outer Space and the Antarctic Analogy, New York 1959, p. 240.
The suggestion in the text does not preclude the possibility of the use of a separate global satellite system in charge of furnishing and running channels of space communication. It has been discussed, however, whether private enterprise should at all be permitted in space. (Cf. Jenks, op. cit., pp. 87 ff.) Criticism has also been raised against the system created by the 1964 Washington agreements as unequal and as a debatable form of international co-operation as the system is dominated by a private enterprise from one country and involves a commercial exploitation of public services. (See Francine Batailler in Annuaire français de droit international 1965, pp. 145 ff.) The Washington agreements are, however, provisional and the United States seems at the present time to be the only nation which can provide what is needed for an international global communication satellite system. — At the 1966 International Law Association Conference in Helsinki a resolution was adopted which requested the Space Law Committee of the Association inter alia „especially to coinsider the usefulness that questions relating to the establishment and operation of telecommunication system (or systems) by satellites should be dealt with through an international organ, although it is not possible without further study, to recommend that such organ should be (1) either a new independent international organization or (2) a department or section of an existing or new international organization.”
See Eek, op. cit., pp. 51 ff.
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© 1968 Martinus Nijhoff, The Hague, Netherlands
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Eek, H. (1968). International Freedom of Information. New Dimensions. In: Mélanges Offerts À Juraj Andrassy. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-5602-6_6
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