0191 -9067/81/010143-07$02.00/0 Copyright 1981 SUNSAT Energy Council REMARKS ON SOME LEGAL ASPECTS OF SOLAR SATELLITES — AN OVERVIEW I.H.PH. DIEDERIKS-VERSCHOOR International Institute of Space Law International Astronautical Federation Leestraat 43, 3743 EH Baarn The Netherlands Abstract — Solar satellites can possibly be of great value to solve the problems concerning the lack of conventional sources of energy. Because solar powered satellites will have to be stationed in the geostationary orbit some of the main points of discussion deal with the legal status of the geostationary orbit and claims of sovereignty connected to this orbit. This conference will also deal with the situation of the solar satellites in relation to the present space treaties and in relation to environmental problems. The creation of an international body to promote and control the use of solar energy forms another topic. The views of the Committee of Peaceful Uses of Outer Space and of the ESA relative to the subject will have to be contemplated. Experimentation by scientists on alternative energy sources has a long history and therefore cannot be regarded as novelty. However, the notion of “solar power satellite” technology is a recent development in the human search for abundant cheap energy for heating and cooling of homes on our planet earth. DEFINITION OF SOLAR ENERGY Solar energy as defined by scholars is “that energy which is radiated through the electromagnetic system from the sun.” Such energy includes the energy produced in the form of heat and electricity by the direct action of isolation by man-made heat collecting devices. Thus, the invention or development of such devices is protected by the law of intellectual property or patent law of municipal and international law (1). As to the legal definition of the sun, legal scholars understand that the sun is a bright star which produces intense heat which is mirrored to the earth. Thus, the sun is a basic source of life for man, animals, and all living organisms. All known energy resources on earth, with perhaps the exception of nuclear energy, are indirect forms of solar energy. Problems of a legal nature have arisen in the past due to over-exposure to the sun. Okolie mentions some claims (2). “Sunstroke” was regarded as a disease or an accident of catastrophic nature. This latter classification was presented in the case of Lurye v. Stern Bros Department Store (3). The utilization of solar power satellites could be of great value in solving problems
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