SPS International Agreements - Detailed

energy by another State, since the solar energy resource is a free and unlimited resource and is available to those who possess the scientific and technical capabilities to use it. Just as the vessels of one State on the high seas are not to be disturbed in their peaceful use of the high seas by the vessels of another State, so must the SPS of one State be allowed to freely gather and transmit such energy via microwaves. If in the course of such an event some harm befalls another State, the appropriate remedy is consultation with the prospect of monetary compen- station for provable harm or a termination of the harm-producing activities. In the process of identifying the facts relating to a case of alleged harmful interference there could be recourse to the ITU or private scientific organizations, such as COSPAR. 6.5 International Law* Applies to Harms Caused to SPS In the preceding pages emphasis has been placed on the possibility that compensable harms might in some manner result from the operation of a SPS. It should be kept in mind that it might also be possible to cause harm to a SPS. The foregoing rules of law and attendant political conditions would protect the one as well as the other as a general proposition, although in some situations the detailed provisions of the 1972 Liability Convention would make distinctions, for example, a different standard of proof would apply to harms occurring on the Earth or to aircraft in flight as opposed to all other areas. In conclusion, it should be remembered that both of the treaties received the measured approval of the space-resource States. They perceived that their respective interests would be well served. It is to be expected

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