SPS International Agreements - Detailed

in space activities the treaty also sought to provide for the orderly use of the resources of the space environment. Thus, resource States that have placed geostationary space objects into orbit have taken the position that this activity is a use foreseen by the Treaty. Since the Treaty prohibits an appropriation of the space environment, or parts thereof, States operating geostationary space objects in orbit have maintained that they are engaged in a use and not a permanent appropriation. This position is buttressed by the fact that a space object cannot be absolutely maintained at a given orbital position, although a proximate position can be maintained with the aid of station-keeping procedures. Also, orbital positions cannot be maintained permanently by a space object, since the object or its component parts wear out. While Intelsat IV has a projected lifespan of 10 years, a lifetime of up to 30 years would be preferred for the SPS. When the satellite becomes unproductive it is transferred out of the geostationary orbital position and becomes unoperational. Further, for an "appropriation" to take place there must be such an intent by the launching State. Absent such an intent under present international law the space environment is being treated as a res communis. Therefore, at the present time the proposition is tenable that it is possible to use the orbital resource without owning it, e.g., without either having or obtaining a vested property right in such a resource. It has been suggested, especially by equatorial States, that the presence of a nation's space object in geostationary orbit constitutes a de facto occupation of the orbital slot. Additionally, in 1969 in commenting on the provisions of Article 2 of the Principles Treaty,

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