SPS International Agreements

that "existing principles of space law present no fundamental impediments to the development and implementation of a satellite 13 power system." Inasmuch as this writer is in basic agreement with that general conclusion and most of its supporting premises which were drawn from a detailed examination of relevant provisions, it would appear superfluous, if not redundant, to reanalyze—even if it were likely to be done in a somewhat different form and perhaps with different emphasis—the same stipulations in detail, the more so since the weight of authority including state practice to date appears to support it. However, a few additional observations concerning the permissibility of the utilization of the geostationary orbit by satellite solar power systems under current international law may be necessary to put the subject matter into proper perspective. One of the very first issues in connection with the applicability of international space law to the geostationary orbit area is whether or not it is located in outer space. If it is not, the space treaties would not apply to it short of an explicit provision to the contrary. 3.1.2.1 International Customary Law At the beginnings of the space age, there have been many theories and proposals advanced to determine the more precise demarcation line between air space and outer space not from a physical 14 but from a legal point of view. Despite these efforts there has been no internationally accepted determination of where outer space precisely begins.

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