COSMIC CROSSROADS OF INTERESTS: INTERNATIONAL REGULATION OF THE GEOSTATIONARY ORBIT

Abstract

This article explores the international legal status of the geostationary orbit as a unique and scarce natural resource, with the aim of identifying an optimal regulatory model for human activities related to its use. Special attention is devoted to the legal regimes of non-appropriation, equitable distribution, limited sovereign rights, and the principle of the common heritage of humankind.The study analyzes core principles of international space law that define the geostationary orbit as a legal space of non-ownership – a shared international domain (res communis) where state sovereignty, weapons testing, and scientific secrecy are strictly prohibited. It is argued that the Moon Agreement transformed the concept of res communis into a regulated legal space in which both use and governance are considered common. At the same time, this shift has sparked significant debate, as space can be subject to spatial allocation but not to profit distribution.The article assesses the legal implications of the Bogota Declaration, which sought to claim the geostationary orbit as the property of equatorial states. It also highlights the normative role of the International Telecommunication Union, whose mission is to coordinate the use of the geostationary orbit globally and on a non-discriminatory basis, taking into account the specific needs and geographic positions of individual countries.Current trends in the development of a legal regime for the exploitation of celestial body resources are outlined, including those stemming from the Artemis Accords and the growing commercialization of space. The paper advances the argument that selected principles of international maritime law could be adapted to define the legal status of the geostationary orbit, particularly in view of the need to ensure fair access to limited resources, international governance, protection of the global commons, and support for technologically disadvantaged states. Ultimately, the article underscores the urgent need for reform, modernization, and the further evolution of the global legal order governing outer space.