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

126 EXPANDING GLOBAL REMOTE SENSING SERVICEStreaty-type obligations of international law. Again, theUN General Assembly Resolution containing thePrinciples can be utilized as a sound basis for thefurther development of international space law.The key issue today on the path towards the furtherdevelopment of the Principles and their modificationinto a legally-binding document remains the matter ofthe availability of information.The Principles distinguish three types ofinformation:• "primary data", which are acquired by remotesensors borne by a space object and transmittedor delivered to the ground by telemetry in theform of electromagnetic signals, photographicfilm, magnetic tape or any other means;• "processed data", which means the productsresulting from the processing of primary data,needed to make these data usable;• "analyzed information", which results from theinterpretation of processed data, inputs of dataand knowledge from other sources.The commercialization of remote sensing systemswill lead to the situation when processed data andanalyzed information will have their own commercialvalue, stemming from the very simple fact that certainfunds have been invested in those systems, whileprocessed data and analyzed information can and haveto be sold, at commercially viable prices, to compensatefor the costs.This fa c t, in turn, creates the very complicatedsituation at the hypothetical negotiations on the issue ofturning the Principles into a legally-binding documenton Remote Sensing, because, in this case, the fragilecompromise achieved while drafting the current set ofPrinciples may be violated. The principle of free accessto the sensing of a state's territory was accepted inreturn for access to information. This principle problemis also indirectly dealt with in Principle V, which statesthat countries carrying out remote sensing activities areto promote international cooperation in these activities.To this end, they shall make available to other Statesthe opportunities for participation therein. Suchparticipation is to be based in each case on equitableand mutually acceptable terms. The private sector maywell conduct its activities on other grounds in theabsence of national legislation, reflecting the contents ofthe UN-adopted Principles.Principle VI sets forth the desirability of concludingregional agreements and arrangements, when possible.Principle VII underlines the necessity of. makingavailable technical assistance.Thus, if it comes to the elaboration of a new legallybindingdocument, the issue arises of the legal regime ofthe three types of data mentioned previously, which willbe in the hands of the private sector.There are serious doubts that the current politicalsolutions may be reiterated in a legal form. New oneswill have to be found in the course of negotiations. Itcan be supposed that such a compromise could moreeasily be found within the framework of acomprehensive new treaty on Outer Space, which wouldbe based on the principle of "package solutions". In anycase, however, we will most likely have to setdifferentiated legal regimes fo r the dissemination o fprimary data, processed data and analyzedinformation.Commentary PaperM. G. ChandrasekharSpace programs worldwide are poised for atransformation into a mature scientific and industrialsector, with multiple players and changing roles. Earthobservation, which began as a small scale activityaimed at mapping the earth's surface features, hasbecome a commercial activity, comprising of satellitesand an entire chain of associated activities and players.Information is the currency of power and the advancesin space technology has made it possible to haveaccurate and strategically important informationderived from satellite data, in a cost-effective and timelymanner. The increased thrust on commercializationand industrial investment is leading to a scenario