While there has been no demarcation of the more precise boundary line between air space and outer space, many years of spacial experiments, both before and after the conclusion of the Outer Space Treaty,15 have seen the emergence of what has been described as a new rule of customary international law to the effect that artificial earth orbiting satellites move in outer space1.6 This observation—made prior to the recent claims of sovereignty by equatorial countries over segments of the geostationary orbit above their territories17— was based on the fact that no formal objection had been made to the orbiting of such satellites by underlying states. Since geostationary satellites orbit at heights far above many other earth orbiting satellites, there can be no doubt that the geostationary orbit area is in outer space. Until the recent claims of equatorial countries, the legal validity of the statement that earth orbiting satellites move in outer space appears not to have been challenged by any state. 3.1.2.2 The. Outer, Space Treaty o£_ 1.16 7_ The Outer Space Treaty of 1967 was negotiated in pursuance of a desire to establish principles governing man's activities in outer space. These activities at the time of conclusion of the Outer Space Treaty and beforehand related mostly to experiments conducted with artificial earth orbiting satellites. Therefore—short of any evidence to the contrary--the logical contention appears to be that the drafters intended the Outer Space Treaty to apply to such activities 18 . One of the cardinal principles incorporated in the Outer Space Treaty of 1967 is the freedom of exploration and use of outer space
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