in 1957 space as a territory had not yet been defined, and US leaders argued that it should be recognised as beyond the normal confines of territorial limits.

An opposite position, however, argued for the extension of territorial limits into space above a nation into infinity.

"Freedom of space" became an extremely significant issue for those concerned with orbiting satellites, because the imposition of territorial prerogatives outside the atmosphere could legally restrict any nation from orbiting satellites without the permission of nations that might be overflown.

Since the US was in a position to capitalise on this freedom of space, it favoured an open position.

US President Dwight D Eisenhower tried to obtain a freedom of space decision on 21 July, 1955, when he proposed it at a US/USSR summit in Geneva, Switzerland.

Soviet Premier Nikita Khrushchev rejected the proposal, however, saying that it was an obvious American attempt to "accumulate target information". Eisenhower later admitted: "We knew the Soviets wouldn't accept it, but we took a look and thought it was a good move." The Americans thereafter worked quietly to establish the precedent.

Then Sputnik, a scientific satellite, overflew the United States and other nations of the world. On 8 October, 1957, an Eisenhower advisor, Donald Quarles, offered this irony to the US president: "The Russians have... done us a good turn, unintentionally, in establishing the concept of freedom of international space."