146 THE ROLE OF INTERNATIONAL ORGANIZATIONS IN PRIVATIZATIONAND COMMERCIAL USE OF OUTER SPACE• If <strong>the</strong>re is a residual IGO, its primary functionwould be to mediate and, if necessary, seeken<strong>for</strong>cement <strong>of</strong> <strong>the</strong> LCOPrivatization: Summary• INTELSAT remains committed to its uniquemandate to provide lifeline connections to itscustomers• New INTELSAT will honor existing contractprices and terms and conditions• Privatization will streng<strong>the</strong>n INTELSAT’sability to compete and attract new funding• INTELSAT will be able to target key growthmarketsCommentary PaperMr. P. HulsrojEUMETSATShould <strong>the</strong> UN be privatised? No, not possible yousay instinctively, but is it instinctively in <strong>the</strong> samefashion as we said: no, not possible, when privatisation<strong>of</strong> parts <strong>of</strong> INMARSAT was first mooted?So, to answer <strong>the</strong> question let us not rely oninstincts, but on analysis.If we look at <strong>the</strong> UN's peace-fostering andhumanitarian role, it is clear that many areas are, in fact,already partly privatised. Private aid organisationsabound and Jimmy Carter went to Haiti to broker peacemore in his personal capacity, than as a representative <strong>of</strong><strong>the</strong> <strong>United</strong> States. In an age where "alternative disputeresolution" mechanisms are making rapid advances, <strong>the</strong>ycan be expected also to be increasingly involved inpeace-fostering. And yet <strong>the</strong> UN cannot be privatised,because at its core it is an institutional framework tochannel inter-state political will. It has an inalienablefunction, if not as world government, <strong>the</strong>n as a tool <strong>of</strong>world governments. The functions <strong>of</strong> <strong>the</strong> SecurityCouncil or <strong>the</strong> General Assembly cannot be privatised.But we are not here to discuss privatisation <strong>of</strong> <strong>the</strong>UN, but to discuss privatisation and commercialisationin relation to <strong>the</strong> intergovernmental space organisations.And yet <strong>the</strong>re is something to be learned from <strong>the</strong> UNexample, and that is <strong>the</strong> crucial distinction betweencommercial and public service functions.This is, indeed, a crucial distinction when we try toanalytically grasp <strong>the</strong> present trend <strong>of</strong> privatisation <strong>of</strong>international space organisations. INMARSAT,INTELSAT and EUTELSAT are involved in markets;markets which are being de-regulated and where <strong>the</strong>vestiges <strong>of</strong> sovereign power are being swept away by<strong>the</strong> current <strong>of</strong> <strong>the</strong> market's demand <strong>for</strong> a level playingfield <strong>for</strong> all.In essence <strong>the</strong> argument <strong>for</strong> privatising <strong>the</strong>seinternational organisations is that <strong>the</strong>y are engaged inwhat has become a commercial market and that itwould be wrong and unfair if such internationalorganisations would enjoy tax- and funding advantagescompared to <strong>the</strong>ir regular commercial competitors. Acompelling logic, particularly when you keep in mindhow national telecommunication monopolies are alsobeing dismantled and privatised.Never<strong>the</strong>less, you will, no doubt, also hear fromMr. Sagar how INMARSAT has had to create specialmechanisms <strong>for</strong> dealing with its remaining publicservice function; a function which cannot be privatised.And that is <strong>the</strong> crux <strong>of</strong> <strong>the</strong> matter: <strong>the</strong>re are, also inspace, functions that cannot be privatised; which remain<strong>of</strong> a public sector nature.Intergovernmental organisations were created totake care <strong>of</strong> public service functions. Where a marketdevelops <strong>the</strong> intergovernmental organisations disappear,but where this is not <strong>the</strong> case intergovernmentalorganisations remain. Just like branches <strong>of</strong> governmentnormally disappear when no longer needed, butgovernment itself subsists.
THE ROLE OF INTERNATIONAL ORGANIZATIONS IN PRIVATIZATION 147AND COMMERCIAL USE OF OUTER SPACENow, you could argue that <strong>the</strong>re would be no reasonto retain <strong>the</strong> special status <strong>of</strong> intergovernmentalorganisations, even if a dedicated organisationalframework would be needed <strong>for</strong> carrying out publicservice functions. Why should states not justincorporate a company in any given country to carry out<strong>the</strong> common will <strong>of</strong> <strong>the</strong> involved states? Here, however,all <strong>the</strong> reasons that existed when intergovernmentalorganisations were first created remain valid.In a "joint venture" <strong>of</strong> states no domestic legalsystem should preside, no domestic en<strong>for</strong>cementmechanisms should apply and states should not, directlyor indirectly, pay taxes to <strong>the</strong> hosting state <strong>of</strong> anintergovernmental joint venture.In o<strong>the</strong>r words, <strong>the</strong>re is still a link between publicservice functions and intergovernmental organisations,which it would not be in <strong>the</strong> public interest to break.Moving <strong>the</strong>n to EUMETSAT as a specific case, <strong>the</strong>question is whe<strong>the</strong>r EUMETSAT can be considered tobe one or <strong>the</strong> o<strong>the</strong>r species.EUMETSAT is an international meteorologicalsatellite organisation with 17 European Member States.EUMETSAT manages <strong>the</strong> European meteorologicalsatellite system and provides <strong>the</strong> funding, which it,again, gets from <strong>the</strong> Member States which contributeaccording to relative GNP.It is, on <strong>the</strong> one hand, it is clear that <strong>the</strong>re is anascent market <strong>for</strong> meteorological products in many <strong>of</strong>EUMETSAT's Member States, with also commercialentities <strong>of</strong>fering meteorological services. It is, on <strong>the</strong>o<strong>the</strong>r hand, also clear that this nascent market wouldhave no possibility <strong>of</strong> sustaining <strong>the</strong> real cost <strong>of</strong>operating a meteorological satellite system. Economicimperatives mean that <strong>the</strong> provision <strong>of</strong> meteorologicaldata will remain a public service function in <strong>the</strong><strong>for</strong>eseeable future and that, <strong>the</strong>re<strong>for</strong>e, it should beprovided through <strong>the</strong> framework <strong>of</strong> an internationalorganisation. This, however, does not mean thatEUMETSAT and its Member States do not heed <strong>the</strong> call<strong>for</strong> commercialisation. EUMETSAT restricts itsactivities to securing <strong>the</strong> satellite data, but does nottrans<strong>for</strong>m it into wea<strong>the</strong>r-<strong>for</strong>ecasts or o<strong>the</strong>r direct userapplications.This is <strong>the</strong> task <strong>of</strong> <strong>the</strong> meteorologicalservices and <strong>the</strong> private wea<strong>the</strong>r firms.And in order to provide a level playing fieldbetween meteorological services and private wea<strong>the</strong>rfirms access on equal conditions are given to bothgroups, i.e. <strong>the</strong> commercial arm <strong>of</strong> a meteorologicalservice is obliged to pay <strong>the</strong> same license fee as aprivate wea<strong>the</strong>r firm. By this EUMETSAT and itsMember States ensure that competition in wea<strong>the</strong>rservicestake place fairly. In o<strong>the</strong>r words, EUMETSATimplements down-stream commercialisation.This notwithstanding, you may find that is soundscomplacent, when I argue that <strong>the</strong> internationalorganisation frame still fits EUMETSAT well. Nosuch thing! It is recognised that <strong>the</strong> internationalorganisation frame fits only public service functions,and great endeavours are <strong>the</strong>re<strong>for</strong>e had in EUMETSATto streamline operations to make sure that EUMETSATitself only covers its core public service functions. Thisis, in a sense, similar to <strong>the</strong> streamlining ef<strong>for</strong>ts thathave almost universally taken place in government.In EUMETSAT it manifests itself in empoweringindustry wherever possible, through contracting,outsourcing and extensive use <strong>of</strong> consultancy. Theconsequence is a fairly limited number <strong>of</strong> staff and thusa fairly small international organisation.I would like now to turn to ano<strong>the</strong>r feature <strong>of</strong> publicservice functions, related, yet fundamentally different.Currently <strong>the</strong> space treaties in reality treat space asan unlimited resource. Despite <strong>the</strong> logical finitenessprioritisation <strong>of</strong> <strong>the</strong> use <strong>of</strong> space has not been seen asnecessary and this is even <strong>the</strong> underlying tenor <strong>of</strong> <strong>the</strong>ITU, with its first come, first served principle.However, with time <strong>the</strong>re has been a growingrecognition that space is not only logically finite, butalso practically so. The crowding <strong>of</strong> <strong>the</strong> geo-stationaryorbit is <strong>the</strong> most prominent example.And yet <strong>the</strong> question <strong>of</strong> prioritisation is not beingtackled. The first come, first served principle <strong>of</strong> <strong>the</strong>ITU was, admittedly, challenged at <strong>the</strong> height <strong>of</strong> <strong>the</strong>