Proceedings of the Workshop - United Nations Office for Outer ...

100 EXPANDING GLOBAL REMOTE SENSING SERVICESgovernments as reliable customers.14 Further, existingpublic systems face uncertain futures. Even thoughthere is a statutory preference for a private Landsatfollow-on option, its future also holds the potential forhybrid public-private operations.15 Fourth, theparticular remote sensing activities that the Principlesare intended to address - "improving natural resourcesmanagement, land use and the protection of theenvironment"16 - are increasingly being identified amongthe potential markets for private and government spacebasedsystems'7 and value-added retailers 18and havebecome the economic rationale for aggressive,commercial-like cost recovery policies for some publicsystems. Indeed, the commercialization of the EuropeanMeteorological Operational (METOP) system and therecent adoption in the World MeteorologicalOrganization (WMO) of a precedent-shattering tiereddataaccess practice19 to protect the commercial value14 Defense Information and Electronics Report, DoD Needs ToBack Commercial Imagery Efforts, May 7, 1999, at 1.15 Policy Act, supra note 9, at 15 U.S.C. § 5641 a. 4 (1992).16 Principles, supra, note 5, Principle 1(a).17 "Today, the talk is of a 'niche' for commercial photographysatellites for mapping, supplying weather information,preserving the environment and monitoring forests against fires,In fact, two huge companies, in the United States and Europe,are showing great interest in the small satellites that IAI hasdeveloped." Ha'aretz, Outer Space —Clean Up Your Act, July28, 1998, at B3, provided by Information Division, IsraelForeign Ministry - Jerusalem, [hereinafter, Ha'aretz].of some weather data, dramatically demonstrates howcommercial and environmental issues are merging.Finally, the Principles, as part of the internationalbody of space law, also contain all of the public goodcharacteristics that are a fundamental part of that law:mutual cooperation of nations, equity, equality, and theuse of outer space for the benefit and in the interests ofall countries.20 The Principles must be defined topreserve and clarify these public good norms as well asto help define the rights, interests and obligations ofpublic, private, and hybrid entities.The current legal status of the U.N.Principles: accepted international lawThe dynamics of international relations commonlycause nations to selectively apply international law asthey attempt to define their own national interestswithin the international community.21 It is also commonfor legal and policy observers to disagree about therelative strength of new or evolving legal norms.22 ThePrinciples are no exception. It is sometimes argued thatthe Principles are not legally binding on individualnations due to their status as declared, yet uncodified,legal norms.23 However practice has overtaken thisview. In general, declarations of principles by theGeneral Assembly "if universally adopted and adheredto in practice, may be valuable evidence of internationalcustom, which in turn is a most important source oflaw."24 In particular, the Principles' "substance...has itsfoundation in space agreements agreed to in COPUOS,18 "In response to emerging environmental and land use issues,our team provides critical information in diverse areas such asnatural resource tracking, city planning, market research,environmental assessment, and detection of threats toecosystems." Pacific Meridian Resources,http://www.pacificmeridian.com/.19 WMO Res. 40, World Meteorological Congress (CG XII,12th Meeting), WMO Policy and Practice fo r the Exchange o fMeteorological and Related Data and Products IncludingGuidelines on Relationships in Commercial MeteorologicalActivities, (1995). This resolution addresses the exchange ofdata between national weather services, and the provision ofdata to third parties, including both the private sector and forscientific research. [Hereinafter, Resolution 40.]20 Principles, supra, note 5, Principle I.21 Christol, Carl Q., The Modem International Law of OuterSpace, at 729, (1982)., [hereinafter, Christol - Modern].22 U.S. Congress, OTA, Remotely Sensed Data: Technology.Management, and Markets. OTA-ISS-604 (Washington, DC:U.S. Government Printing Office), (1994) [hereinafter, OTA].23 Pace, S., Sponberg, B., and Macauley, M., Data Policy Issuesand Barriers to Using Commercial Resources for Mission toPlanet Earth, at 34, RAND, (1999).24 Jenks, C.W., Space Law, at 85 (1965).