Space Natural Resources and Solar Power Satellites: Some Legal Issues

The paper aims at investigating some legal issues related to the exploitation of space natural resources, especially with regard to Solar Power Satellites (SPS). The exploitation of solar energy in the Geostationary Orbit (GSO) through the Solar Power Satellites program raises a series of legal issues, mainly caused by the placement of a structure into a space, namely the GSO, whose extension is limited and made scarce by the large number of artificial satellites (placed for communications, navigations, Earth observation purposes), as well as by the significant and growing demand for other satellite placements (especially by new emerging economies). Many attempts have been done to find a solution, even through the adoption of different approaches (f.i., the a priori and a posteriori ones). Notwithstanding, trading orbital slots have taken place, giving rise to the “paper satellites” problem. As it has been pointed out by ITU, this speculative system has resulted, on the one hand, in a significant waste of resources on the part of satellite operators, administrations and ITU and, on the other hand, in a de facto appropriation of a space resource (Orbit), so breaking both Article II of the Outer Space Treaty and the “rationale” in using natural resources, that consists of facilitating equitable access to and rational use of the natural resources. From this perspective, ITU has always upheld that all nations – rich or poor - have the right “to equal affordable access to satellite orbit space”. These and other issues make the definition of clearer rules in – but not limited to - the field of Solar Power Satellites a priority. The paper will analyze how and to what extent such a new legal framework may be implemented. For instance, whether through a new re-examination of the ITU regulations, or through international cooperation (in this latter case, by a treaty or by soft law tools?), taking into account, inter alia, the need to attract investments for launching the SPS program; the need to avoid potential conflicts between States; the global or continental SPS dimension; as well as the need of keeping a public control over involved entities, so as to comply with general principles of space law.