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

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116 EXPANDING GLOBAL REMOTE SENSING SERVICESThere isn't a specific delineation between "military"and "civil" in a manner directly analogous to U.S. lawin many national laws of European nations. However,the purpose of the European Space Agency is legallylimited to "exclusively peaceful purposes" by themultilateral convention that established it and hasgenerally been interpreted to prohibit militaryactivity.137 EUMETSAT itself has no military mandatealthough the EUMETSAT Convention does not containthe same "peaceful purposes" language as the ESAConvention.In European remote sensing activities, a militarycivilconnection is recognized through "[the] FrenchSPOT programme [which] has led to the developmentof the HELIOS military observation satelliteprogramme in which France has been joined by Italyand Spain."138 European civil-military relationships inremote sensing are complicated by the fact thatEUMETSAT members are national meteorologicalservices (NMSs) and some of them are funded by, orhave liaison relationships with, national defenseministries. An additional level of complexity arises fromthe fact that all European members of the NorthAtlantic Treaty Organization (NATO) areEUMETSAT members, although not all EUMETSATmembers are in NATO. It is reasonable to expect thatthese relationships will come to bear in sensitivesecurity decisions involving IJPS and JPS data.It is also necessary to consider the IJPS and JPSwithin the future ESA-EUMETSAT relationship, theinterplay of the limitations contained in the ESAConvention under various EUMETSAT-ESAagreements,139 the on-going work of ESA's Long-137 Convention For The Establishment Of A European SpaceAgency, Ref. CSE CS(73)19, rev. 7, 30 May 1975, Article II138 Commission of the European Communities, The EuropeanCommunity Crossroads In Space" Report by an Advisory PanelOn The European Community and Space, number CD-NA-10410-EN-C, at 27, (1991), [hereinafter, Crossroads).139 These agreements are listed only as possible examples.They were listed in other sources as possible agreements forreview. They were unavailable to the author at time of writing,so their applicability has not been verified.ESA/LEG/ 96(R) Agreement between ESA andEUMETSAT on the Meteosat operational programme. SignedTerm Space Policy Committee,140 and ESA's post-2000Earth Observation Strategy. The post-2000 EarthObservation Strategy is premised on the growingimportance of Earth observation data for "political" and"geopolitical purposes,"141 the "increasing strategicimportance of Earth Observation from space [and] aneed for a coordinated approach between the Europeanplayers...[including] EUMETSAT."142 The internationalcoordination necessary to implement the strategycoordinating the ESA program with national programs,harmonizing missions and data usage, and"strengthening] cooperation with...EUMETSAT"143provides fertile ground for legal queries regardingappropriate military-civil relations. The importance ofthe ESA Convention in the future of an integratedEuropean space agenda was acknowledged by theAdvisory Panel on the European Community and Spacewhen it recommended that, "the facilities and expertiseof ESA [must] be made available as far as possible inon 12.1.1987 and entered into force with retroactive effect from1.1.1987.ESA/LEG/115(R) Supplementary Agreement between theEuropean Organisation for the Exploitation of MeteorologicalSatellites (EUMETSAT) and the European Space Agencyconcerning the Meteosat Operational programme. Signed on 1February 1989. Entered into force same date (see alsoESA/LEG/96).ESA/LEG/ 166(R) Agreement between EUMETSAT andESA concerning the Meteosat Second Generation System.Signed in Paris on 17 February 1994. Entered into force on thedate of signature.ESA/LEG/ 200 Agreement between EUMETSAT and ESAconcerning the MSG, Second and Third Satellites. Signed on 16October 1996 and entered into force on the date of signature.140 Bonnefoy. R. and Arend, H., ESA's Earth-ObservationStrategy, ESA Bulletin Number 85. February, (1996),[hereinafter. Strategy].http://esapub.esrin.esa.it/bulletin/bullet85/arend85.htm. PressRelease - M inisters Shape The Future O f European SpaceActivities European Space Agency, Number 17-99 - Paris, 12May 1999.141 Strategy, supra note 140.142 Id.143 Id.
EXPANDING GLOBAL REMOTE SENSING SERVICES 117activities.149 The UPS and the JPS invite similarmeeting European security needs" but "while respecting148 Crossroads, supra note 138, at 27.15 3 Outer Space Treaty, supra note 56, Article VI.the spirit of the Convention[.]"144analysis for the ESA Convention and related Europeanlaw. Earth orbit military space operations are legal,Among the inevitable situations that will catalyzequestions of what constitutes an appropriate legalmilitary and civil relationship are the different domesticmissions of United States agencies under convergenceand the different national philosophies of the States thatsupport international mergers. In the United States,DoD’s mission requirements are an assured capabilityto obtain timely, accurate environmental satellite dataon a global basis145 while NASA’s highest objective isto meet the requirements...of NASA’s Global ClimateChange Research Program.146 This means a 15 yeardata set...which may require instrument capabilitiesbeyond and at times distinct from those required bylimited by prohibitions against nuclear weapons andweapons of mass destruction150 and Earth observationsfrom space by the military have long been recognized asa "peaceful use" of space.151 However, the growingimportance of environmental data for "political" and"geopolitical purposes"152 within the dynamic post-ColdWar era means that the legal use of a merged militaryand civil space-based system can change to aquestionable one with the introduction of any number offactors. And the change can have serious ramificationsfor a wide variety of remote sensing services that willhave come to rely on the operational data fromconverged and merged systems.NOAA and DoD.147 The difference in missionrequirements goes to the very core of each agency’soverall mission and how they elect to fulfill it. Agreeingon system parameters means they do believe theIncreased restrictions from militarilyrequiredregulationsconverged system can meet all of their missions butmaking case-by-case determinations of systemutilization under specific fact patterns remains to be "Shutter control"seen.The Outer Space Treaty holds signatoriesAt the European level, a growing desire for "a internationally responsible for non-governmentalreduced dependence on the US space defencesystems"148 initially appears to be a force contrary tothe decision to join the IJPS and JPS. Reconciling theseactivities in space.153 This is the international legalauthority for nongovernmental entities, includingprivate remote sensing entities, to operate in space. Itcontradictory political impulses will require sharpeningthe legal parameters of national and internationaldefense laws and policies.149 Even the question of whether or not NPOESS ought to beconsidered a military system is an evolving one. Clearly it isintended to serve defense purposes and is, in part, beingThe United States converged system invites a implemented by defense personnel. However, the fact that itfundamental consideration of the United States will be operated on a day-to-day basis by a civil agency isstatutory separation of military and civil space critical and could, in the long term provide a much morepowerful influence on the overall system than the occasionalmilitary authority invoked in times of a crisis. The counterpossibility is that since it is the military that has acquisition144 Crossroads, supra note 138 at 27.145 Convergence Hearings, supra note 102, at 16.146 Convergence Hearings, supra note 102, at 21.authority for the converged system, a powerful influence can beexerted through the sheer force of the authority to spendallocated funds.150 Outer Space Treaty, supra note 56, Article IV.151 Christol - Modern, supra note 21, at 723.147 Convergence Hearings, supra note 102, at 24 (originalemphasis).152 Strategy, supra note 140.
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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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8obstacles that impede ratification
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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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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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