current technology is used in the space solar power program, the rights to intellectual property will remain vested in the contractor or subcontractor. Where new technology is developed as part of a space solar power program contract, resulting intellectual property rights will be exclusively retained by the ISPO and commercialized where applicable. The proceeds from such technology, when licensed to third parties, or otherwise commercialized by the ISPO, will be distributed to the Signatories, based on their proportional representation on the Board of Governors. 5.3.4 Some Responsibility And Liability Issues Surrounding Solar Power Satellite Activities Providing energy from space through the use of a solar power satellite implies some risks. First, there are those general hazards involved in practically all space activities. These are the risks to persons or property caused by space objects either in flight or when falling down to the surface of the Earth; and, second, we have the specific risks linked to the production of energy using solar power satellites. In effect, the microwaves or laser beams used to transmit energy to the ground can produce many adverse effects in the environment (ionospheric heating could disrupt telecommunications, tropospheric heating could result in minor weather modifications, damages to ecosystem, potential interference with satellite communications, etc.). However, many of the effects are not well understood and some may have long-term health consequences. Other potential impacts include land despoilment caused by rectenna construction. With regard to general risks such as collisions, debris that may eventually reach Earth causing terrestrial damages, etc., according to article VII of the OST, each State that launches or procures the launching of an object into outer space, or from whose territory or facilities an object is launched, is internationally liable for damage to another State or to its natural or juridical persons by such object or its component parts on Earth, in airspace or in outer space. This is completed by article VI which provides that it is the State which is to bear international responsibility for national activities in outer space whether such activities are carried on by governmental agencies or by non-governmental entities. States are also obliged to ensure that all space activities of their non-governmental entities are carried out under their authorization and continuing supervision. When activities are carried on in outer space by an international organization, responsibility shall be borne both by the international organization and by the States participating in such organization. These provisions raise some problems. On the one hand, there is no legal definition of “space object”. In reality, this term is only used in the context of the registration issue, pointing out the relevance of registration to determine the jurisdiction and control over a space object and its crew. Moreover, space treaties cover objects launched into space but no mention is made of objects assembled in space, which could be done in the case of solar power satellites. This shows the inadequacy of the space treaties, in particular of the Registration Convention, with respect to solar power satellites. A solution, possibly similar to the one adopted in article 5 of the Space Station Freedom Agreements is needed. In spite of the fact that a clear answer cannot be provided, since article VII of the OST and article I (d) of Liability Convention defines “space object” as including “component parts”, and since the payload of an object is likely to be a component part, it seems possible to support the conclusion that stored materials launched into space are covered by the liability regime of space law. However, if the payload of a satellite is not held to be covered by the definition of space object, or if the solar power satellites are manufactured in space and there is no launching from the Earth, it is arguable that the Liability Convention and article VII of OST would not apply. The OST is supplemented by the 1975 Registration Convention, which in article II establishes the mandatory registry of any space object launched into Earth orbit or beyond, and in article IV forces the launching State to provide, as soon as practicable, information about the name of the launching State, basic orbital parameters, and its general function, etc. Besides, the provisions of article VII of OST have been elaborated upon in the Liability Convention. While the OST contains no definition of the term “damage”, article I of the Liability Convention defines damage as “loss of life, personal injury or other impairment of health; or loss of or damage to property of States or of persons, natural or juridical, or property of international intergovernmental organizations.” Moreover, it establishes two types of liability: absolute for damage caused on the surface of the Earth or to aircraft in flight (art. II), and fault-based for damage caused elsewhere (art. III). Furthermore, whenever two or more States jointly launch a space object, they are jointly and severally liable. Thus, the State claiming damages may obtain full payment from any or all of the launching States (art. V). The principle of joint and several liability also applies to intergovernmental
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