B. MULTILATERAL AGREEMENTS REGARDING MILITARY IMPLICATIONS OF SPS One working premise of the current study on the military implications of a Satellite Power System (SPS) is that international multilateral agreements could serve to minimize potential vulnerabilities of the SPS and could also help to minimize potential SPS threats perceived by foreign States. With the understanding that no agreements are ever absolute assurances against military threats and vulnerabilities, an analysis can be made of the alternative types of multilateral agreements which are available. Several forms of multilateral agreements involving space-related matters have been utilized in the past, and these options would be available for an SPS multilateral agreement. Specific substantive provisions of such an agreement would evolve in the context of general international law and the law of outer space in accordance with previous multilateral space treaties, as well as in the context of the negotiating positions of the States which participate in the development of the agreement. The resultant agreements would be subject to international norms with regard to enforcement and sanctions. B.1. Types of Multilateral Agreements Three general categories of international multilateral agreements are relevant to the development of SPS facilities. These categories consist of binding agreements, nonbinding agreements, and agreements which form the charters of distinct legal entities such as international organizations. International treaties are agreements, of a contractual nature, creating legal rights and obligations between the parties. Treaties are considered binding in the sense that the sanctity of treaties is an integral part of international law which is based on good faith between States. The Vienna Convention on the Law of Treaties, which is not yet in force in the United States, has codified this principle in Article 26, which states: "Every treaty in force is binding upon the parties to it and must be performed by them in good faith." Likewise, the draft Articles on Treaties Concluded Between States and International Organizations or 3 Between International Organizations would also adopt this same provision. The usefulness of binding agreements to mitigate the threats or the vulnerabilities associated with SPS facilities would be dependent upon the extent to which parties exercised good faith in their observance of the treaty obligations.
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