for ships in international waters and for aircraft in international airspace, where separation between vessels or aircraft is necessitated by the possibility of collisions, the greater distances involved in the case of spacecraft and space facilities attempting to stay out of range of possible weapons systems may be interpreted by some observers as a claim over ascertainable portions of outer space. Proximity rules would thus have to be reconciled with Article II of the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space Including the Moon and Other Celestial Bodies (hereinafter cited as the 1967 Treaty on Principles) which states: Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. In effect, it can be argued, the proximity rules would establish specified regions in space (defined relative to SPS space facilities, including power satellites in geostationary orbit) which are accorded virtually exclusive use by parti- cular States. One commentator has asserted that the concept of "appropriation" in Article II of the 1967 Treaty on Principles suggests the existence of two subsidiary elements: exclusive use and relatively permanent use. To the extent that a power satellite would not be considered a permanent use of a particular portion of space, even though the facility may have a long lifetime, it would follow that the specified zones around such facilities would not be considered a permanent use, either. But since they appear in at least some degree to constitute an exclusive use, they may be construed to constitute an "appropriation" of a portion of outer space. A multilateral agreement on SPS would thus be useful either to exempt such zones from the restrictions posed by Article II or to define the word "appropriation" in such a manner that these zones would fall outside the definition. The second subject for multilateral agreements regarding SPS is that of international resident inspection. Article XII of the 1967 Treaty on Principles provides that: All stations, installations, equipment and space vehicles on the moon and other celestial bodies shall be open to representatives of other State Parties to the Treaty on a basis of reciprocity. Such representatives shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited.
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