Allocation of the radio-frequency spectrum and satellite orbits : jurisprudential perspectives

Abstract

Outer space is the new frontier for humankind. Its utilization depends on two distinct natural resources, the radio-frequency spectrum and the orbits around the Earth. The rapid advancement of technology in these fields simultaneously necessitates the introspection of principles upon which international law is construed. As the international policy and law makers face the future for the exploration of outer space and the capabilities of the radio spectrum, some conflicting considerations arise that can be scrutinized through the lens of jurisprudence. This paper discusses the allocation and distribution of those scarce natural resources between developed and developing countries, currently in the hands of international organizations, mainly the International Telecommunication Union. It critically reflects upon the in/ex-clusiveness of international law and the potential unequal relationships between developed and developing nations while managing some of the Global Commons. It examines the established practices from two neighbouring schools of thought and around two central concepts, fairness and efficiency.