implies theoretically an appropriation de facto contrary to article II of OST. Therefore, in principle and legally speaking, solar power satellites can use the geostationary orbit. We will discuss infra the problems that the use of geostationary orbit by solar power satellites implies. Finally, we are going to review the principle that outer space is to be used for peaceful purposes. The operation of a solar power satellite system creates two kinds of dangers: the use of solar power satellites for military purposes (jamming of radio communications, heating of other space objects, power supply to military units, etc.) and possible vulnerability to the system since it could be supplying a large portion of a nation's electricity. Article IV, par.l, of OST obliges States “not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction”. It mandates the denuclearization of outer space and celestial bodies. This disposition is not too relevant for solar power satellites because, at least for the moment, it seems that the capability of solar power satellites to cause radiation damage (mass destruction) on the ground is small. More important is par.2 of the same article which states that “the Moon and other celestial bodies shall be used by all States parties to the Treaty exclusively for peaceful purposes.” This disposition raises two closely linked questions: how is peaceful purposes defined and what about outer space itself? Peaceful purposes, according to State practice, is interpreted as meaning “non-aggressive” [nonetheless, in some states like Japan, peaceful is understood as “nonmilitary”.] A number of states, and particularly the United States, did not want to entirely forbid all military activities in outer space so long as such activities were not specifically for aggressive purposes. Therefore, with regard to the existing lege lata, it does not clearly ban the use of solar power satellites for military purposes. Hence, it is necessary to find a new legal formula, possibly in the new treaty, in order to eliminate, or at least to reduce the risk of possible military use of solar power satellites. Before the operational phase, it must be guaranteed that the solar power satellite system can only be used for strictly peaceful purposes. To prevent the vulnerability of those States relying on the energy supplied by the solar power satellite system, a key question would be, who has effective control over the solar power satellite system in a time of crisis? It seems clear that if the solar power satellite is owned by a national government, the vulnerability of other States' interests is higher than if ISPO is run by a multilateral consortium. This was an incentive to establishing a multinational regime to operate the solar power satellite system. 5.3.2 The Utilization Of Earth Orbits And Radio Frequency Spectrum The solar power satellite system would use two natural resources, Earth orbits and the radio frequency spectrum. The geostationary satellite orbit, among Earth orbits, is preferred for most services, due to operational and economical advantages. Solar power satellites would make use of the radio frequency spectrum for two purposes, telecommunications and microwave or laser beam transmission. The allocation of geostationary orbital positions and the radio frequencies cannot be separated from one another if appropriate coordination and regulation are to be achieved for any space services. De facto, ITU has competence to deal with geostationary orbital positions in view of orbit/spectrum inseparability. The main problems for solar power satellites are that the geostationary orbital segment has its physical limitations, which implies the danger of collision with other satellites as well as possible electromagnetic interference with other services using the radio spectrum. A preliminary crucial issue pertaining to ITU is whether it would have competence to deal with the allocation of solar power satellites and the transmission of solar energy to Earth using microwaves or laser beams. According article 4 of the 1982 ITU Convention, the purposes of the Union are: a) “to maintain and extend international cooperation for the improvements and rational use of telecommunications of all kinds”, and b) “to promote the development of technical facilities and their most efficient operation with a view to improving the efficiency of telecommunications services, increasing their usefulness and making them, so far as possible, generally available to the public.” Thus, it is clear that the ITU has the authority to deal with “telecommunications”. In article 1 of ITU Radio Regulations, “telecommunications” is defined as “any transmission, emission or reception of signs, signals, writing, images and sounds of intelligence of any nature by wire, radio, optical or other electromagnetic systems.” The question is whether the use of microwaves or laser beams for power
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