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

More documents

Recommendations

Info

170 EXPANDING GLOBAL NAVIGATION SERVICESInternational Ownership/International Cooperation• While international ownership is desirable toguarantee a higher level o f user stateconfidence, GNSS system providers are, notleast because o f industrial politics, not likelyto open their systems up to internationalparticipation.Many experts who have been involved with or looked atthe EU’s Communication on Galileo would be surprisedand could flatly dismiss this statement. It is worthrecalling that the authors of the Galileo Communicationpropose various ways of cooperating with the RussianFederation, Japan, the US and other countries. In spiteof this willingness to cooperate, there must besomething in it for the European Space Industry and forthe receiver manufacturing industry. A major policygoal of Galileo is to ensure that Europe can take a fairshare of the global market and related jobs and tofurther European industry at the leading edge of thedevelopment of future applications.The same industrial policy underlies the hesitationof the US to allow international ownership or activeinternational cooperation in GPS. It is worth recallingthat the 1996 US Presidential Decision Directive onGPS categorically stressed economic competitivenessand productivity as some of the policy goals on GPS.These policies, undoubtedly, go for Japan as well as forthe Russian Federation.The bottom line is that the system provider or theinitiator of the system must gain maximum industrialbenefit from the satellite navigation system.International ownership should not be considered as thefirst objective of any state investing heavily in satellitenavigation. This is not to question the integrity of theEU and the ESA. Nor should it be seen as spelling adoom on international ownership. The fact however is,the usefulness of stressing ownership of the system isquestionable. International ownership should not be acondition for the introduction of a civil internationalsystem. While that is, politically, most desirable; whileinternational ownership could mean a commercialsuccess of such a venture, the most essential parametersto consider at the moment should be the extent ofcooperation among the system providers and potentialparticipants to resolve the technical difficulties thathave arisen as a result of the gradual proliferation.Additionally, cooperation should be intensified andparticipation sought from other interested states andregions for the purpose of creating inter-regional linkups.Satellite navigation is gradually developing , into acommercial service. The European market for satellitenavigation user equipment, services and exportsbetween 2005 and 2025 is projected to be Euro 270billion86. On the issue of financing of Galileo, theinitiators of the system expect to raise a substantialprivate capital to be able to finance the almost Euro 3billion project. Given these circumstances, it is ratherquestionable to insist or unduly emphasise internationalownership.87The legal community could therefore do a goodservice to satellite navigation by concentrating anddeveloping rules on cooperation to eliminate thetechnical problems of interoperability, proliferation ofsystems, uneconomic utilisation of radio frequency andrelated issues. An appropriate multinational forumshould be created to enable effective cooperation.Currently the ad-hoc interchanges between the primarysystem providers and the secondary providers are notconducive to ensuring the needed safety nor is iteffective to lead to a properly global system. The issueis which forum would be suitable for such internationalcoordination.The multifaceted character of GNSS in terms ofusage, system providers and service providers makes itessential for the UN to seek actively means to createsuch a forum under the auspices of the UNCOPUOS.From that perspective, this initiative must be applaudedand supported.86 Galileo, A EC Brochure produced by an industrialconsortium.87 See Henaku, op.cit. note 3 p. 176 e t seq. for a discussion ofthe unfortunate bundling of ownership, control and globalacceptability of GPS.
EXPANDING GLOBAL NAVIGATION SERVICES 171InterferenceIn spite o f the right o f a State to adopt thecourse which it considers best suited to theexigencies o f its security and to themaintenance o f its integrity, the deliberateand unannounced denial o f service over aselected area could be a breach o f theprinciple o f non-discrimination, a violation o fthe Trail Smelter principle and o f the doctrineo f reliance.88Interference is an issue closely linked to availability andcontinuity of the GNSS signal. Indeed the service to beprovided must to the extent possible be free of anyharmful interference. Interference from the perspectiveof GNSS is also closely linked to accuracy of theprimary signals.Interference may be categorised as intentional andunintentional interference. Deliberate interference is themost essential issue. To the extent possible thediscussion will be limited to intentional interference,also known as jamming.The enormous accuracy of GPS, GLONASS, andas augmented by secondary systems as EGNOS,WAAS and MSAS has been of serious concern to themilitary. National security and the integrity of the statecould be seriously affected through the use of theaccurate systems as a weapon against any other states.The Gulf War and the Kosovo Crisis have shown whatpowerful tools satellite navigation systems are.Thus, one does not expect providers of the signalsto remain unconcerned about their security and remainsitting ducks. On the other hand, the provider or anyother state for that matter is legally not left unrestrainedto interfere deliberately with reception of GPS,GLONASS or any other satellite navigation signal.Moreover, international law limits the freedom ofstates to act when their acts could potentially causedamage to other states. This may be seen as preventiveworking of the doctrine of liability, something concededas being one of the main objectives of the tort law indomestic law89.The Trail Smelter Principle: sic utere tuout alienum non laedas90International law recognises the freedom of the state to,within its territory, act as it wishes, subject obviouslyto the law. The sovereign right of states to operatewithin the territories to protect the territory and thecitizens of the state is a jealously guarded right.Sovereignty, as reiterated in a number of arbitralawards and court judgements, signifies independence toexercise, to the exclusion of others, the functions of astate91. Furthermore, "[t]he right of a State to adopt thecourse which it considers best suited to the exigenciesof its security and to the maintenance of its integrity, isso essential a right that, in case of doubt, treatystipulations cannot be interpreted as limiting it ..."92.At the same time, however, international lawrecognises the right of states not to be injured by theacts of other states. The right of the one state to protectitself from danger coexists with the right of the otherstate not only to prevent danger but also not to besubjected to any harm by the other state in its action toprevent danger to its territory.Thus, to that initial right is a correlative duty: aduty resting on states not to cause harm or injury toanother state or its citizens. In other words, inasmuchas one has the right to enjoy and protect his property as84 See L Englard, The Philosophy o f Tort Law, 11 e t se q (l993).90 Henaku, op cit. note 3,19391 Island o f Palmas (1928).88 Henaku, op.cit note 3, pp. 190 - 198.92 The Wimbledon Case (1923). PCIJ Rep. Ser. A. No. 1Dissenting opinion by Anzilotti and Huber at 37.
Page 3 and 4:
ST/SPACE/2Office for Outer Space Af
Page 5:
IntroductionThe Workshop on Space L
Page 11 and 12:
CONCLUSIONS AND PROPOSALS OF THEWOR
Page 13:
3between public and private law and
Page 16 and 17:
6provide for the application of int
Page 18 and 19:
8obstacles that impede ratification
Page 21 and 22:
SESSION ONEExisting United Nations
Page 23 and 24:
EXISTING UNITED NATIONS TREATIES: S
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39:
EXPANDING GLOBAL LAUNCH SERVICESSES
Page 42 and 43:
36 EXPANDING GLOBAL LAUNCH SERVICES
Page 44 and 45:
Page 46 and 47:
Page 48 and 49:
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
48low earth orbit. This commercial
Page 56 and 57:
Page 58 and 59:
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
Page 67:
EXPANDING GLOBAL COMMUNICATIONS SER
Page 70 and 71:
64 EXPANDING GLOBAL COMMUNICATIONS
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
EXPANDING GLOBAL COMMUNICATIONS SER
Page 98 and 99:
Page 100 and 101:
A resource management/administratio
Page 103 and 104:
SESSION FOURExpanding Global Remote
Page 105 and 106:
EXPANDING GLOBAL REMOTE SENSING SER
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126: EXPANDING GLOBAL REMOTE SENSING SER
Page 135: THE ROLES OF INTERNATIONAL ORGANIZA
Page 138 and 139: 132 THE ROLE OF INTERNATIONAL ORGAN
Page 161 and 162: SESSION SIXExpanding Global Navigat
Page 163 and 164: EXPANDING GLOBAL NAVIGATION SERVICE
Page 175: EXPANDING GLOBAL NAVIGATION SERVICE
Page 185: POSSIBLE INTERNATIONAL REGULATORYFR
Page 188 and 189: 182 POSSIBLE INTERNATIONAL REGULATO
Page 200 and 201: POSSIBLE INTERNATIONAL REGULATORY F
Page 203 and 204: SESSION EIGHTMaintaining the Space
Page 205 and 206: MAINTAINING THE SPACE ENVIRONMENT 1
Page 223: MAINTAINING THE SPACE ENVIRONMENT 2
Page 226 and 227:
220Session 3: Wednesday. 21 July. 1
Page 229 and 230:
223Annex IITHIRD UNITED NATIONS CON
Page 231 and 232:
225No Name Address E-Mail27. Ersfel
Page 233 and 234:
227No Name Address E-Mail57. Koloso
Page 235 and 236:
229No Name Address E-Mail86. Noack,
Page 237 and 238:
231No Name Address E-Mail117. Steph
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?