Technological Challenge to the Shared Environment: United States Practice

Abstract

In an era of expanding interest in international environmental problems,1 it is essential to examine the rapidly developing state practice concerning man's startling capability, through the use of technology without any hostile intent, adversely to alter not just the immediate environment of his neighbor but common resources shared by all. The present discussion does not attempt to deal with the practice of all states, but rather considers the extent to which legally relevant expectations of restraint, are being shaped by United States practice concerning the use of novel technology in the res communis? The focus on United States practice reflects the belief that, within the confines of a law journal article, considerable light may be shed on world community expectations by an examination of the practice of a state which has a major interest in the field and which is a significant participant in the international law-creating process.