International Institute of Space Law |
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Artikel | ITU Resolution 216 (2022) Art. 9 and the “Third Way” |
Keywords | ITU, Resolution 216, Sovereignty, International law, Outer Space Treaty, WRC |
Authors | Marco Franzoso |
DOI | 10.5553/IISL/2023066002004 |
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The ITU has approved Resolution 216, which deals with the non-compliant use of radio frequencies for military purposes. Article 9 of the resolution allows states to appeal to the next WRC in case of disagreement with the RRB’s decision. However, until the response from the WRC, the Bureau's decision shall remain in abeyance. This raises questions about the rules that shall apply to the affected frequencies and the legal status of RRB’s decision. The consequences of non-compliance with ITU’s resolution may also affect the space regime, where the national non-appropriation principle is granitic. This brief paper aims to discuss the international legal consequences of non-compliance with ITU’s Resolution 216 and start an international discussion about the possibility of a new vision of the Outer Space legal status. It is essential to establish the ground rules for the new millennia space's endeavors, looking ahead instead of backward. |