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Abstract

There is little doubt that the Space Shuttle will provide a "quantum jump" in man's activity in space. It will provide the means to make the transition from primarily machine-oriented space activities to man-orientated activities. Man's activities will move from exploratory to exploitative. The purpose of this article is to examine the military aspects of this transition in the context of the legal regime of outer space that has evolved in the more than two decades since the orbiting of Sputnik I. Is the prospect of increased military activities and capabilities compatible with this regime or conversely, does the legal regime restrict military activities in space and if so, what are those restrictions? A discussion of this type must of necessity include, in addition to the legal principles involved, a discussion of our national space policy and our present and future military use of space. Moreover, since international law evolves from the practice of States and is attuned to the realities of world politics and power, any discussion of the military use of space would be incomplete without a discussion of the military space programs of the Soviet Union and its view regarding the legality of the military use of space.

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