Topic UNITED STATES OF AMERICA’S ROLE AND POSITION ON MOVING ISRA.docx

Topic: UNITED STATES OF AMERICA’S ROLE AND
POSITION ON MOVING ISRAEL’S CAPITAL
4 pages double spaced
Political Studies: Outline
First section: Topic
1. Paper topic: Write a short paragraph describing your topic.
Be very specific.
2. Thesis statement: Write a clear thesis statement about your
paper topic.
Second Section: The paper outline
1. Introduction: Outline what your argument in your paper is
going to be in a paragraph
2. Section (#): briefly outline what each section of your paper
will be about.
· Include your academic citations in their respective sections
· Explain how you will use them in your arguments in one or
two sentences
· You should have as many sections in your outline as you
expect to have in your paper.
3. Conclusion.
Things you should include in your outline:
1. Specifics on your topic. The more detail you provide the

better your grade will be
2. At least six academic sources that are relevant to your topic
as well as an explanation of how you will use them. (APA)
Holloway
Canada’s Need to Take Ownersh*t of its Role in Space
Exploration
A short paper on international space law
Introduction/Issues
A frozen turd ball was ejected from our orbiting space station
and struck a foreign state’s spy satellite. The satellite was
knocked out of orbit and crashed to Earth. The foreign state

now demands reparations from us. This paper will survey the
legal regime for the use of space and states’ obligations with
respect to debris causing damage to other objects in space.
Then, this paper will analyze the current situation to assess our
options for response. This paper concludes that we should pay
reparations to the foreign state and develop technologies to
reduce our production of dangerous debris in space.
Rules
Given that humanity gained access to space relatively recently,
and only a limited number of states actually participate in space
exploration, international space law is still in its infancy.
Although states have jurisdiction over the airspace immediately
above their territory, outer space is understood as a ‘res
communis’, meaning that none of it can form part of a state’s
sovereign territory.[footnoteRef:1] The Treaty on Principles
Governing the Activities of States in the Exploration and Use of
Outer Space, Including the Moon and Other Celestial Bodies
entered into force in 1967 and forms the basis of international
space law.[footnoteRef:2] 103 states, including Canada, have
ratified the treaty and another 25 states are
signatories.[footnoteRef:3] Article III notes the parties’ desires
to promote peace, security, cooperation and understanding with
regards to the use and development of space. Article VIII
specifies that states maintain jurisdiction over whatever objects
or personnel they send into space. [1: Currie, John H. et al,
International Law: Doctrine, Practice and Theory, 2nd ed
(Toronto: Irwin Law, 2014) at 466. ] [2: Treaty on Principles
Governing the Activities of States in the Exploration and Use of
Outer Space, Including the Moon and Other Celestial Bodies, 27
January 1967, 610 UNTS 205 (entered into force 10 October
1967) [Outer Space Treaty].] [3: Committee on the Peaceful
Uses of Outer Space, Status and application of the five United
Nations treaties on outer space, UNGAOR, 54th Sess, Supp No
5, UN Doc A/AC.105/C.2/2015/CRP.8, (2015) at 10 [United
Nations treaties on outer space].]

While various other treaties exist to deal with particular aspects
of international space law, this paper’s focus is states’
obligations with regards to debris causing damage to other
objects in space. To clarify and expand this area of
international space law, the Convention on International
Liability for Damage Caused by Space Objects entered into
force in 1972.[footnoteRef:4] Currently, 92 states, including
Canada, have ratified the treaty and another 21 states are
signatories.[footnoteRef:5] The treaty allows for states to bring
claims against other states to recover damages in the event that
a state’s property from outer space causes damage to another
state’s property – in outer space or on Earth. In 1978, Canada
filed a claim against the USSR under this treaty after a Soviet
satellite was damaged upon re-entry to Earth’s atmosphere and
radioactive debris was scattered across parts of northern
Canada. The USSR paid Canada $3,000,000 as
compensation.[footnoteRef:6] [4: Convention on International
Liability for Damage Caused by Space Objects, 29 March 1972,
961 UNTS 188 (entered into force 1 September 1972) [Space
Liability Convention].] [5: United Nations treaties on outer
space, supra note 3.] [6: Currie, supra note 1 at 470.]
The Report of the Third United Nations Conference on the
Exploration and Peaceful Uses of Outer Space from 1999 laid
out an action plan developed by the UN to facilitate the creation
of an international space regime.[footnoteRef:7] Though no
such regime has been established yet, the document is a
reflection of the international community’s intentions and
attitudes towards space. The plan focuses on establishing
coordinated efforts and strategies, promoting safety measures
and procedures, and recognizing the ways present-day uses of
space will affect the international community and future
generations. [7: The Space Millennium: Vienna Declaration
on Space and Human Development, Report of the Third United
Nations Conference on the Exploration and Peaceful Uses of
Outer Space, UN Doc A/CONF.184/6 (18 October 1999) at 6-19

[Vienna Declaration on Space].]
As human activity in space has increased and our understanding
of the dangers posed by accumulating space debris has
deepened, various states have endorsed guidelines to minimize
the problem. In 2008, the UN adopted the Space Debris
Mitigation Guidelines, as set out in Report of the Committee on
the Peaceful Uses of Outer Space.[footnoteRef:8] These
guidelines encourage states to minimize their production of
debris and to minimize the effects of debris on the space
environment. As guidelines, they are not binding on states, but
they are nevertheless to be taken seriously. It is also worth
noting that many states have adopted similar guidelines
domestically.[footnoteRef:9] [8: Space Debris Mitigation
Guidelines, Report of the Committee on the Peaceful Uses of
Outer Space, UNGAOR, 62nd Sess, Supp No 20, UN Doc
A/62/20 (2007) at 48 [Space Debris Mitigation Guidelines].]
[9: Currie, supra note 1 at 474.]
Analysis
The Outer Space Treaty makes clear that states maintain
jurisdiction over whatever objects or personnel they send into
space. From this, it follows that states also maintain
jurisdiction over whatever objects may separate or emanate
from whatever they send into space. Essentially, states should
be understood to maintain jurisdiction over whatever objects
they are responsible for sending to, or making in, space. It is
clear that Canada has jurisdiction over its orbiting space station
and the personnel aboard the station. And indeed, Canada also
has jurisdiction over the frozen turd balls that were produced
aboard and ejected from the station.
The Space Liability Convention makes clear that states are
liable for any injury they cause to other states as a by-product
of their activities in space. Under this treaty, the foreign state
can bring a claim against Canada to seek reparations for the
damage done to its spy satellite. Especially since Canada has

itself filed a claim and received compensation from the USSR
under this treaty, it would be deeply hypocritical of us to resist
the foreign state’s claim. To do so would not bode well for
Canada’s reputation as a state which acts in good faith and
honours its obligations under international law.
Even if the foreign state is not a party to the Space Liability
Convention and thus cannot use this channel of recourse, it is
still going to be in a strong position to make a claim against
Canada. Firstly, the preponderance of international space law
speaks to the importance of collaboration, sharing, and good
faith in the use of space. Though states have yet to reach
consensus about whether space development should aim to
establish a common heritage for humankind or should allow for
the commodification of space resources by particular
states,[footnoteRef:10] it seems that a minimum level of
cooperation and consideration for the safety and interests of
others is unambiguously expected. The foreign state is well-
positioned to argue that Canada’s practice of ejecting 10 kg
frozen turd balls into space is reckless; that this poses
unnecessary risks; that Canada should be held liable for the
damages it has caused as a result of engaging in this practice.
[10: Ibid at 469.]
Conclusions
Canada has jurisdiction over the ejected turd balls and is liable
under the Space Liability Convention. It seems highly unlikely
that Canada can avoid paying compensation to the foreign state
whose spy satellite we damaged. Moreover, this practice runs
contrary to the Space Debris Mitigation Guidelines. As such,
Canada should endeavor to find alternate means of dealing with
waste produced space aboard the space station.
1
ADMN 2306 COMMERCIAL LAW

Case Analysis Writing Assignment
Assignment. Write a Case Analysis. Select one case from the
list provided. This is an individual effort – no group writing is
permitted.
Scenario. You are a departmental manager in a medium sized
firm. The CEO is reviewing and updating the firm’s policies.
The CEO has asked you to draft a Case Analysis in order to
provide policy guidance to meet the firm’s legal obligations.
Structure. Draft paper in 4 parts: Introduction, Rules, Analysis,
Conclusion.
Introduction. Set out the aim of the paper in one clear sentence.
For example: “The aim of this analysis is to provide the legal
background for the adoption of a firm-wide harassment
program”. Complete the paragraph with a short restatement of
the problem; give it context.
Rules. Set out the legal regime that guides your policy
development. Explain how the regulations govern policy
options.
Analysis. Describe the tension between the regime and the
current situation. Explain the consequences to the firm of the
outcome of the case.
Conclusion. Summarise your findings and recommend
reasonable and viable policy options for the CEO.
Layout. Introduction: 2 paragraphs at most. Rules: as much as it
takes to clearly explain the law. Analysis: the main effort – 2 to
2.5 pages. Conclusion and your recommendation: 3 to 4
paragraphs should do it. You are writing for a busy CEO, so be
concise and clear.
Volume. 4 pages maximum. At about 250 words per page in
double-spaced 12 point font and normal formatting, you will

have about 800 - 1000 words.
Marking scheme:
Style: grammar, spelling, citation style and consistency 5%
Structure: Introduction, Regime, Analysis, Conclusion 5%
Content: quality, logic, originality and sophistication
5%
Total:
15%
1. Potter v. New Brunswick Legal Aid Services Commission,
2015 SCC 10
Suspension with pay may constitute “constructive dismissal”
Mr. Potter was the Executive Director of the New Brunswick
Legal Aid Services Commission. While the parties were
negotiating a buyout of Mr. Potter’s contract, Mr. Potter
commenced a sick leave. In response, the employer wrote to Mr.
Potter to advise him not to return to work until he was provided
further direction. In the meanwhile, Mr. Potter was suspended
with pay, and his powers were delegated to someone else. Mr.
Potter sued for constructive dismissal.
The Supreme Court of Canada agreed with Mr. Potter, finding
that Mr. Potter had been constructively dismissed, “[i]n light of
the indefinite duration of the suspension, of the fact that the
Commission failed to act in good faith insofar as it withheld
valid business reasons from Mr. Potter, and of the
Commission’s concealed intention to have Mr. Potter
terminated.”

Topic UNITED STATES OF AMERICA’S ROLE AND POSITION ON MOVING ISRA.docx

Topic UNITED STATES OF AMERICA’S ROLE AND POSITION ON MOVING ISRA.docx

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