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

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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).
EXPANDING GLOBAL REMOTE SENSING SERVICES 101supported by the General Assembly, and are binding ona very large number of States."25 Nations continue tocite the Principles as authority in domestic, bilateraland multilateral legal documents and in internationalfora.26 Legal commentators from various nations,including key negotiators of the Principles,27 hold theview that they are legally binding as a matter ofcustomary law. The space law community continues tocall for coordinated remote sensing legislation,28 and, inparticular, to place the "issue of [the Principles']conversion into [a] legally binding instrument" on theagenda of the Legal Subcommittee of COPUOS.29The stable, orderly extension of global remotesensing services into the 21st Century requires formallyrecognizing that the Principles are legally accepted.COPUOS ought to be encouraged to fulfill the intent ofthe Principles' drafters30 by transmitting their terms25 Christol, Carl, Q. Space Law: Past. Present and Future, at 94(1991), [hereinafter, Christol Past and Present]26 Commercialization Act, 15 U.S.C. §§ 4201 - 4292 (1984),Now repealed and replaced with Policy Act, 15 U.S.C. 9 5601-5642 (1992).; RADAR SAT Data Policy, Document Number.RSCA-PR0004, Sec. 10.1 b., (Canadian Space Agency), July13, 1994, at 11.; ESA Envisat Data Policy, ESA/PB-EO (97)rev. 3, Paris, (European Space Agency), 19 Feb. 98.; Principleso f the Provision o f ERS Data to Users, ESA/PB-EO (90) 57,rev. 6, Paris, 9 May 1994, (European Space Agency, EarthObservation Programme Board), Sec. 2 General Principles, 2.1Legal Principles, para. 2, at 2.; International Space University,Toward an Integrated International Data Policy Framework forEarth Observations Workshop Report. ISU/REP/97/1. 1996,at 8.27 American Society for Photogrammetry and Remote Sensingand the American Bar Association, Earth Observation Systems:Legal Considerations for the '90's. 132 - 133, (1990),[hereinafter, ABA].; Kawamoto, Chiyoshi, NASDA's Activitiesin the Field o f Remote Sensing, International Bar Association,10th Biennial Conference of the Section on Business Law,Hong Kong, at 5 (1991), [hereinafter, Kawamoto],28 Short Account, Beijing IISL Colloquium on the Law o f OuterSpace, 24 J. of Space Law at 151 (1996).29 U.N. Doc. A/AC. 105/674, (1997).30 Report, 25th Session o f the Legal Sub-Committee o f the UNCommittee on the Peaceful Uses o f Outer Space, J. Space Law48-49, (1986) [hereinafter, Report].into a treaty. The legal process that established thePrinciples, including their consistent use in settingstandards for bilateral and multilateral agreements, andtheir unchallenged existence for a quarter-centurydemonstrate that their authority rests on legitimate legalprocess and time.Legal processThe Principles were established according to therecognized legal process of first drafting generalprinciples and then seeking formal adoption.31 Theywere unanimously adopted as a resolution by theGeneral Assembly32 "in conformity with the UnitedNations Charter, furthering its purposes andprinciples.”33 Resolutions containing a declaration ofprinciples are "important tools in the process ofevolving international law."34 They "express a legalconviction" of the international community concerningremote sensing law and are a particularly "suitable formfor developing [the] international law of outer space fornew, more sophisticated space activities includingremote sensing."35Regarding the Principles themselves, they havespecific characteristics that strengthen their status.They begin with five definitions36 which set them apartfrom other declarations of principles and is "clearevidence" of the intention to establish general regulatory31 Kopal, V., The Role o f United Nations Declarations o fPrinciples in the Progressive Development o f Space Law, 16 J.of Space Law 5, at 6. (1988).32 Jasentuliyana, N., Remote Sensing and the Role of theUnited Nations, at 151.33 Kopal, supra, note 31.34 Kopal, supra, note 31.35 Kopal, supra, note 31.36 Principles, supra, note 5, Principle 1 (a), (b), (c), (d) and (e).
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ST/SPACE/2Office for Outer Space Af
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IntroductionThe Workshop on Space L
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CONCLUSIONS AND PROPOSALS OF THEWOR
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SESSION ONEExisting United Nations
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EXISTING UNITED NATIONS TREATIES: S
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48low earth orbit. This commercial
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POSSIBLE INTERNATIONAL REGULATORY F
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SESSION EIGHTMaintaining the Space
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220Session 3: Wednesday. 21 July. 1
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223Annex IITHIRD UNITED NATIONS CON
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225No Name Address E-Mail27. Ersfel
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