Chapter Three INTERNATIONAL SPACE LAW AND THE USE OF NATURAL RESOURCES: ORBITAL POSITIONS 3.1 The Orbital Position as a World Natural Resource International space law deals with man's activities in the space environment, including the use of the natural resources of the space environment. Focus will be given here to the geostationary orbital position as a world natural resource. Attention will be given later to the use and exploitation of solar energy at geostationary orbital heights. Both subjects have a similar characteristic. In effect, each resource is consumed but renews itself so that its use does not deplete it. Resources of this kind traditionally have been open to common use and constitute a res communis. Thus, they are not open to ownership in the sense of exclusivity of use by a claimant, but rather are available for the use of all. The traditional international law of the sea is based on the foregoing principle. This concept was captured in Article 2 of the Principles Treaty, which 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." 3.2 The Debate over the Number of Orbital Positions In a mechanical sense it might be supposed that the space available for space objects in geostationary orbit would be a limited natural resource.
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