concerning the lack of conventional sources of energy, and the world has become aware of this possibility since 1973, the year of the oil crisis. The technical details of this use are familiar. Summarized in the most simplified manner, the satellites will convert the solar energy into electricity and then transmit this to earth (4). I will only deal with the legal aspects regarding solar satellites. Mrs. van Traa has explained the different legal regimes that are applicable in a very clear way. So I will cite her observations on this point (5). Estimating the impact the utilization of solar energy will have in the legal field, we must first distinguish the different legal regimes, which consist of the following: (a) In cases where solar energy is collected and used on earth, we have to recognize the laws of the states on whose territory the relating equipment is stationed. In this regime we face the sovereign rights of each state over its own territory, and each state has its own legal system concerning property rights in general and the legal implication relating to electricity supply in particular. (b) The second regime that solar energy has its impact on is the regime of the Law of the Sea. Therefore, solar energy caught and used at sea, i.e., to generate electricity on floating power plants, has to be governed by the laws of the high seas, which are regulated in the several well-known conventions, except for those operating in territorial waters. (c) Where solar energy is collected, generated, and used in airspace, i.e., as a future propulsion system for aircraft, we must consider the legal regime governing airspace, and this would also apply when solar energy generated in outer space is to be used in any other regime because under those circumstances, solar energy would simply have to pass airspace. As this regime is governed by the international air law conventions, in this respect the principle on which the Chicago Convention of 1944 is based seems to be most important: sovereign rights for the underlying countries over the airspace above their territory and their territorial waters. Facing the future though and realizing the fact that the Chicago Convention was established more than thirty years ago when the use of solar energy beyond the earth’s surface was not even dreamed of, we must now think about amplifications to the current air law conventions or about the establishment of a new convention relating to the use of solar energy. (d) The legal implications of solar energy in the regime of outer space. Our main topic today is if we can trace some legal rules in the existing space treaties (6). Let us first consider the Treaty on Principles governing the activities of the states in the exploration and use of outer space including the moon and other celestial bodies of 1967 (7). This treaty, unanimously accepted, provides in its first article that exploration and use of outer space shall be carried out for the benefit and interest of all countries and shall be the province of all mankind. In the following article is stated that outer space is free for exploration and use, but not subject to national appropriation by claim of sovereignty. This “common heritage” idea later expressed in art. XI of the Moon Treaty of 1979, is not further defined or interpreted. Some do consider it as an expression of a political and social idealistic view, prevalent at that time, and without any binding implication. Others are of the opinion that this is a legal requirement that any benefit from outer space, financial, economic or other, would be for all mankind. Most opinions vary between those two extremes. The law governing solar power satellites launched or to be constructed in geostationary orbit will be regulated by this Outer Space Treaty of 1967 as well as the
RkJQdWJsaXNoZXIy MTU5NjU0Mg==