SPS International Agreements

a substantial consensus by a large number of states, they should be considered as relevant factors in revealing trends and indicating problems that may be encountered with respect to reaching international agreements on geostationary orbit availability. Additionally, provisions incorporated in instruments having the force of a treaty speak clearly of efficient and economic use and equitable access of countries and groups of countries to the geostationary orbit. This, in turn, implies that there is no legal right to the permanent utilization of a particular orbital position, even less to a claim of sovereignty or ownership. The views reflected in a number of international instruments appear to bring forcefully to the fore the key issue that policy makers will increasingly have to face as science and technology provides more practical uses of the orbit. This is how to translate—what the ITU calls—the "efficient and economic use" and "equitable access" into more specific legal and technical principles and rules relating to the geostationary orbit for—what the Outer Space Treaty calls—the "benefit and interests" of all countries. The legal aspects of this issue are likely to be faced by U.S. representatives next year before UNCOPUOS and its Legal Subcommittee whereas its technical aspects will come before its Scientific Subconmittee and the 1979 WARC, the agenda of which includes a review and, if necessary, revision of the Radio Regulations, including procedures for coordinating the use of geostationary orbit. Some of the relevant policy options and strategies will be discussed in Section 4.

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