THE ROLE OF HISTORICAL CLAIMS FOR THE EXERCISE OF SOVEREIGNTY UNDER GEOSTATIONARY ORBITS IN THE BUILDING OF A MORE EQUITABLE LEGISLATION TO SPACE ACCESS.

Abstract

The growing pursuit of profitable space exploration has contributed to the occupation of geostationary bands of Earth’s orbit, particularly by the telecommunications system. However, this exploration has been occurring unevenly between countries with greater purchasing power and those with lower technological development in the aerospace field. This imbalance has led to a reaction from equatorial countries, aiming to claim sovereignty and rights over the geostationary region, given the increasing monopolization of the region by the few countries possessing aerospace technology. In this context, this article seeks to expose the reasons behind the legal claim of sovereignty by equatorial countries and the legislative consequences of this claim, in order to analyze the historical change in institutional behavior within Space Law. To this end, it employs the theoretical framework of neo-institutionalism developed by Douglass North, Hall, and Taylor to investigate the reconfiguration of legislation for access to geostationary orbits based on the behavior of informal and formal institutions. As a result, it is noted that, although the mechanisms of sovereignty claims have not been fully substantiated due to the absence of judicial effectiveness and capacity, they were responsible for pressuring for more just and equitable regulation, mainly within the scope of the International Telecommunication Union, with the aim of ensuring the right of access and use for countries that do not yet possess the necessary technological and economic arsenal. Furthermore, it is observed that there are three phases of historical neoinstitutional behavior in the legal relationship with geostationary orbits, namely, centripetal occupation, historical disruption, and formal equity.