SPS International Agreements

by all states without discrimination of any kind, on a basis of equality and in accordance with international law.19 In view of the fact that the geostationary orbit area is in outer space, the principle of freedom of exploration and use is applicable to it. One limitation on the above provision is that the exploration and use must be carried out for the "benefit and in the interests" of all countries irrespective of their degree of economic or scientific development. 20 This so-called 'common interests' provision, however, has not been regarded as requiring states to share the benefits in any specific manner but rather as an expression of 21 desire that the activities should be beneficial in a general sense. Space activities pertaining to telecommunications, broadcast, meteorology and solar power transmission—generally speaking—may be regarded as beneficial to all countries. Thus an engagement in any such activity would appear to satisfy the requirement of the 'common interests' clause. What has been frequently overlooked, however, possibly because of its self-evident nature is that the "benefit and interests" of the country conducting the exploration and use must also be taken into account, otherwise the exploration and use would not benefit "all" countries. The general scope and applicability of the 'common interests' provision has been analyzed in detail by this writer in 1971 and for purposes of brevity only the following few remarks will be quoted: [T]he exploration and use must be in the "interests" of all countries. The plural term "interests" seems to indicate that more may be involved than just the vague, general "interest" of all countries. In a sense the plural phrase may perhaps be regarded as a victory for

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