SPS International Agreements - Detailed

clearly countenances the gathering of such high altitude solar energy and its transmission to Earth. Nothing is to be gained if the solar energy gathered at orbital heights cannot be transmitted to Earth. The same legal considerations that govern the capture of such energy will apply to the right to transmit such solar energy to Earth. While the transmission is a free use of the space environment, and is authorized by the 1967 Principles Treaty, the radio frequency employed would have to avoid harmful interference with other valid uses of the radio spectrum. The use of the radio spectrum would consume nothing, need not be a permanent use, and serves the well-being of the general community through the exploitation of an inexhaustible resource. The fact that the 1967 Principles Treaty does not extend the "peaceful purposes" concept to space per se cannot be construed as a denial of the fact that such gathering and transmission can serve peaceful, beneficial, and scientific purposes. The fact that solar energy is being gathered and used by existing space objects for their general operating purposes supports the view that this natural resource not only can be, but is being used for peaceful purposes. At the present time, following the acceptance of the res communis concept and the underlying theme of the 1967 Treaty that the space environment is intended to be used for the general well-being of mankind, it can be asserted with confidence that high altitude solar energy is lawfully and freely available for peaceful, scientific, and beneficial purposes on the part of all who have the capacity to gather it and to apply it to such uses. This being the case, the legal problem, to the

RkJQdWJsaXNoZXIy MTU5NjU0Mg==