SPS International Agreements

the less developed countries which entertained strong hopes of receiving benefits from man's exploration and use of outer space. What is or is not to the benefit and in the interests of all countries may not always lend itself to an easy determination. Something which is thought to be of benefit to a country on the basis of available information and criteria today may be regarded on the basis of new information and criteria detrimental tomorrow. Also, who is going to determine whether or not a particular exploration and use is in a given case for the benefit of all nations? Since there is no provision in the Treaty for the settlement of disputes, it is likely that each state — short of an amicable disposition of the issue — would insist on its own interpretation... Whether or not only the "exploration and use" must be beneficial to all countries or also the "results", that is, the benefits derived from such exploration and use, is a further very important question... Assuming then for a moment that the "results" of exploration and use were meant, the question arises whether or not "all" such results or benefits were intended and, if so, must all such results be "shared" in order to constitute a benefit to all countries?... ...Thus it would appear that appropriate international agreements would have to be concluded before equal enjoyment of benefits could be regarded as more than a broad statement of general policy.22 The foregoing observations support the proposition that the so-called 'common interests' clause incorporated in Art. I (1) of the Outer Space Treaty is not self-executing but rather a kind of imperfect legislation in that it expresses an aspiration couched in very general terms which could not be specifically implemented without further elaborations and guidelines particularly those relating to the determination of the degree and nature of the sharing and the kinds of benefits that are to accrue. However, the development of internationally acceptable guidelines governing the use of geosta23 tionary orbit would create a more favorable environment for the SPS.

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