organizations and their member States when the damage is caused by a space object belonging to such organization (art. XXII). The application of these rules on liability can raise some problems due to the fact that the orbits of orbiting spacecraft do not remain fixed with respect to the Earth, to each other, or to any system of coordinates. Thus it is difficult to design general rules for establishing responsibility for collision between spacecraft. Furthermore, in the case of damage caused by space debris, the identification of the legal person responsible for each piece can be a complicated task. Finally, it is necessary to take into account that the Liability Convention is not applicable to damages caused by a space object of a launching State to nationals of such State, and to foreign nationals during such time as they are participating in the operation of the space object (art. VII). In relation to the specific risks surrounding solar power satellite activities, it becomes clear that it is very difficult to include some categories of risk into the existing lege lata. Let us break down such risks contemplating the existing international space law regime. A major problem arises from the fact that the microwaves or laser beams are not a space object. Then, the question is: will the damages produced by microwaves be covered by the liability regime of space law? In this issue, as some scholars suggest, we can make the assumption that microwaves are components of the solar power satellites, or at least of the system, and then any effects of microwave radiation having physical damages would be covered by the liability regime of space law. Still more problematic is finding out whether such a liability regime extends to interference with communications passing through the beam or to harm caused to the environment, etc. when it down not result in impairment of health or damages to property. It has been argued by space experts that damage caused by transmission of microwaves is not covered by existing space law . Then , it seems that the only recourse for such harms must be through the consultative provisions of article IX of the OST. These establish that States shall pursue studies and conduct exploration of outer space so as to avoid its harmful contamination and any adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter. Where States have reason to believe that their activities in outer space would cause harmful interference with activities of other States in outer space, they must undertake appropriate international consultations before proceeding with any such activity. The State to be affected may also request consultations concerning the activity of the State in question. Since the meaning of the term “consultations” in public international law is unclear, the effect of this article is diluted. In any case, it is clear that there is a duty to consult the state which may be affected, but it cannot unilaterally foreclose the activities of other States. Hence, there is a clear need for the elaboration of space law in this area, since under general international law there is no generally recognized duty to compensate damages caused as a result of lawful activities. Therefore, nowadays, international law does not offer enough guarantees to States. Besides, it is not clear whether the International Law Commission considered such kinds of damage in its Draft of articles 1 to 10 on International liability for injurious consequences arising out of acts not prohibited by international law. Thus, once again, we have to insist that a progressive development of international law on this matter is necessary. It would be suitable to establish an international agreement in which States will assume absolute international responsibility for all kinds of damages caused by any system providing energy from space. The commercial exploitation of solar energy from space will require an international legal regime that is more comprehensive. Finally, since there is no international standard for exposure of humans (or other beings) to microwave or laser beam radiation. It is necessary to obtain an appropriate international agreement on microwave exposure standards. Nowadays, standards of maximum permissible exposure for laser beams do not exist and State practice is not uniform with regard to microwave beams. The U.S standard is 1 milliwatt per square centimeter, the Russian standard is 10 microwatts per square centimeter, and most other nations have standards in between. The permissible radiation level has an impact on the size of solar power satellites, on the method of its control and operation, and on the size of buffer zones around rectennas. In establishing such standards, it would be useful to take advantage of the experience of the World Health Organization and studies of the International Atomic Energy Community. The ITU also offers some guidance. The ITU International Radio Consultative Committee (CCIR) has defined the scientific parameters of “free space energy transmission by microwaves” as “the point to point transfer of energy through free space by a highly collimated microwave beam”.
RkJQdWJsaXNoZXIy MTU5NjU0Mg==