SPS International Agreements

There is no definition of outer space that is valid and satisfactory for the international community such as might be cited to support the argument that the geostationary orbit is included in outer space. The Legal Sub-committee of the United Nations Committee on the Peaceful Uses of Outer Space has been working for a long time on a definition of outer space but has not yet been able to reach agreement on the matter. Therefore, it is imperative to arrive at a legal definition of outer space, since to apply the 1967 Treaty without one would merely be to ratify the presence of the states that are already using the geostationary orbit. In the name of the principle of non-appropriation by states, what was actually developed was a technological sharing-out of the orbit, which in the end simply comes down to national appropriation, and this must be denounced by the equatorial countries. Experience so far and the developments foreseeable in the years ahead show up the obvious gaps in the 1967 Treaty which force the equatorial states to take the position that the geostationary orbit is not covered by its provisions. The lack of a definition of outer space in the 1967 Treaty, which has already been referred to, means that Article II can not apply to the geostationary orbit and therefore does not affect the rights of the equatorial states that have already ratified the Treaty. 5. Diplomatic and political action While Article II of the aforementioned Treaty does not make an express exception for the synchronous geostationary orbit, as an integral part of the territory of equatorial states, the countries that have not ratified the Treaty should refrain from undertaking any steps to put into effect provisions whose legal invalidity has already been exposed. The representatives of the equatorial countries attending the meeting in Bogota wish to make clear their position regarding the declarations by Colombia and Ecuador in the United Nations, affirming that they consider the geostationary orbit to be an integral part of their sovereign territory; this declaration is the historical background for the defence of the equatorial countries' sovereign rights. These countries will do their utmost to see that similar declarations are made in international agencies and to bring their international policies into line with the principles set forth in this document. Signed in Bogota 3rd December 1976 by the Heads of Delegations. (Signatures by representatives of Brazil, Colombia, Congo, Ecuador, Indonesia, Kenya, Uganda and Zaire)

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