SPS International Agreements - Detailed

The general purport of Article 9 is twofold. First, there is the goal of facilitating scientific inquiry. Second, there is the expectation that such scientific inquiry and activities growing out of that inquiry will allow for the exploration and use of space environment resources for the benefit of human beings. The beneficial use of high altitude solar energy certainly fits into this expectation. Critical attention must be focused on Article 2 of the Principles Treaty in assessing the lawfulness of acquiring solar energy. This Article provides that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." An initial question relates to the scope of the Article. The critical term is "outer space." Thus, while prohibiting the nationalization of outer space, the agreement says nothing about taking possessing through use of the resources of outer space. Thus, the capture and use of solar energy is clearly outside the scope of the Article. Moreover, as previously stated, the purpose of the Treaty was to facilitate the use of the space environment. As an inexhaustible and renewable resource of the space environment it is clear that solar energy can be used for beneficial and peaceful purposes by those able to capture and transmit it to Earth. Nonetheless, the question has been raised whether the term "national appropriation" should be interpreted so as to preclude national use of space environment resources. Even if the national appropriation limitation were relevant to a resource of outer space, as opposed to the area of outer space, which it is not, the concent of national appropriation would have to be analyzed and understood. Appropriation in the sense used in

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