cooperation and acceptability. The COMSAT/INTELSAT option meets these four conditions. The international scope of the SPS, however, may be better obtained by selling SPS hardware (i.e., satellites, rectennas, etc.) rather than the power, because foreign participants would have a greater stake in the venture than if they were merely passive consumers. Extensive treaty provisions would be required in order to realize an internationally acceptable SPS. Three existing international organizations most directly concerned with SPS are the: (a) U.N. Committee on the Peaceful Uses of Outer Space (UNCOPUOS), (b) International Telecommunications Union (ITU), (c) Committee on Space Research (COSPAR) of the International Council of Scientific Unions (ICSU). The three existing treaties most applicable to the SPS are the: (a) 1967 Treaty on Principles governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (U.N.), (b) 1972 Convention on International Liability and Damage Caused by Space Objects (U.N.), (c) 1973 Telecommunications Convention and Final Protocol Treaty. Under the 1967 Principles Treaty, the space environment is considered to be open to all who are able to use it. In the case of the SPS, the consideration of space and its environs as part of the "common heritage of mankind" raises the question as to who should benefit from the space resource. The radio frequency spectrum and the geostationary orbit are considered natural resources. As such, they fall within the "province of mankind" pursuant to the 1967 Principles Treaty. The seemingly finite geostationary orbit space and increasing competition for its use will influence slot availability for the SPS. Some nations argue that long-term use of geostationary orbit slot is the same as appropriating it and is, therefore, in violation of the treaty. However, there is some consensus on the first come, first served principle. States with space capabilities have clearly established a customary rule of law whereby outer space exists beyond the sovereignty of any nation-state. This rule has been established in the absence of a formal definition of outer space sovereignty and in the face of the Bogota Declaration, issued by eight equatorial countries asserting sovereignty over the geostationary orbit above their land mass. While international law has not established microwave exposure standards, the 1972 Liability Convention covers the subject of harm caused by orbiting space objects. The Convention is "victim oriented." Clearly, a launching State would be internationally liable for harm produced by microwave radiation emanating from a space object in geostationary orbit. International law prohibits adverse changes in the environment. There is a present lack of knowledge about microwave health and environmental effects. International agreement on microwave exposure standards may be reached much faster if a framework of cooperative bilateral agreements has been established between the U.S. and other countries. The U.S., or any organization operating the SPS, must have general international acceptance of microwave exposure standards in order to be safe from potential negligence suits. The U.S. could take a positive role in calling for an international pool of resources to help in assessing the feasibility, benefits, and impediments of developing a satellite power system. Participation by all countries in such a scheme and distribution of eventual benefits could be determined solely, or in part, on the basis of contributions of human and material resources. It would appear to be more than just a reflection of enlightened
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