deny to the space resource State the right to "free use." The purpose of Article 2 is seen to implement the "free use" guarantees of Article 1, paragraph 2. From this the conclusion was drawn, that while a space resource State cannot "appropriate" an orbital slot, such a slot can be used. The validity of such orbital use will be governed by the intent of the using State not to have exclusive use of the slot, and intent can be measured at least in part by the permanence or relative permanence of the use. The role of Article 9 is to insure that space environment activities, especially as related to exploration and use, will be "guided by the principle of co-operation and mutual assistance." Space resource States are to conduct their activities "with due regard to the corresponding interests of all other States Parties to the Treaty." These terms are construed to be a limitation on the "free use" of the space environment assured in Article 1, paragraph 2. But, since consultation among States is required by Article 9, it is clear that the drafters of the Treaty expected such consultation to ease the way for States to protect their rights to "free use" while taking into account the corresponding interests of the other signatories. The foregoing analysis accepts the position that the resource States are to have the free use of, but not a sovereign right of 4 ibid. , p. 54. ^Ibid., pp. 55-56. ^Ibid., p. 59. Jerzy Sztucki, "International Consultations and Space Treaties," Proceedings of the 17th Colloquium on the Law of Outer Space 147 (1975).
RkJQdWJsaXNoZXIy MTU5NjU0Mg==