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

SESSION FIVEThe Roles of International Organizationsin Privatization and Commercial Useof Outer SpaceDiscussion PaperChristian RoisseLegal AdviserEUTELSATParis, FranceThe views in this discussion paper are those o f the author and donot reflect necessarily those o f EUTELSAT.Preliminary noteThe purpose of this discussion paper is to comment onthe impact of the intergovernmental satelliteorganizations in the development of the commercial useof Outer Space and to provide information on thereasons, processes and methods used in restructuringthese organizations, together with some related remarksabout space law.The International SatelliteOrganizations have considerablyhelped foster the development of thecommercial use of Outer SpaceIn the early nineteen sixties, any utilization and, aboveall, any commercial use of Outer Space was notconceivable with the involvement of entities other thanintergovernmental agencies. This was due to thestrategic importance of space activities and the hugeamounts of funds involved in embarking upon theseactivities. In addition, telecommunications were providedby Administrations in a monopolistic situation withintheir own respective territories and the broadcasterswere national, public bodies, subsidized by theirindividual governments. All telecommunications, radioand television services were considered as publicservices. Finally, the satellite telecommunicationsindustry was in its infancy.In 1964, eleven nations decided to establish a globalsatellite telecommunications system via a kind ofinternational cooperative to provide telecommunicationsservices on a universal non-discriminatory basis. Thisresulted in the creation of the InternationalTelecommunications Satellite Organization(INTELSAT).The reason for establishing INTELSAT wasdefined as the design, development, construction,establishment, maintenance and operation of the spacesegment of a global commercial communications system(see Article II a) of the INTELSAT Agreement).Inmarsat began in 1979 as the International MaritimeSatellite Organization established under the auspices ofthe Intergovernmental Maritime ConsultativeOrganization (now the International MaritimeOrganization, IMO) to provide the space segment forimproving maritime communications especially distressand safety services. Inmarsat’s competence hassubsequently been expanded to include aeronautical andland mobile communications. The EuropeanTelecommunications Satellite Organization(EUTELSAT) was established on a permanent basis on1 September 1985 to implement a digital network in