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

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66 EXPANDING GLOBAL COMMUNICATIONS SERVICESResolution 1962 of 1963, the 'Declaration of LegalPrinciples Governing the Activities of States in theExploration and Use of Outer Space',6 and themanifestation of these Principles in the Outer SpaceTreaty of 1967.7 Of course, over the years the nonspace-activestates, and in particular the developingcountries, have expressed reservations about the extentto which actual benefit from space activities hasaccrued to them, General Assembly Resolution 51/122of 19978 being the clearest outcome of their concern, aswell as evidence of the willingness of the spacecompetentstates to consider the matter. But while onecan have sympathy with the point, telecommunicationscan certainly be cited as one area in which all countrieswilling and anxious to benefit from space have beenable to do so.It would be otiose to pretend that after Resolution1721 of 1961 matters were simple or easy. Thetechnicalities were to take time, and there was muchdiscussion and compromise to come on the legalities.How best to set up a 'single global system' for spacetelecommunications was a question to which differentanswers were possible. Within a year the United Stateshad created the Communications Satellite Corporationwith some hope that it would build and run a servicewhich others would use on a commercial basis.9 Otherswanted an arrangement under which the enterprise, itsprofits and losses and the technical expertise resultingfrom the endeavour, would be shared, and that is whattranspired. Interim Arrangements for the InternationalSatellite Telecommunications Organisation(INTELSAT) were set up in the shadow, as it were, ofthe ‘Principles’ Resolution of 1963.10 The InterimArrangements were innovative, having more of thecharacter of an arrangement among joint venturers thanhad hitherto been normal in international organisations.After nine years, in 1973 these interim arrangementswere replaced, INTELSAT as we have known it for aquarter of a century came into being,11and it must beacknowledged that it fulfilled, and continues to fulfil,many of the high expectations of the 1961 UNResolution. The concept of the linkedintergovernmental agreement and the operatingagreement between telecommunications entities (takenover from the Interim Arrangements) was novel. Therelating of financial obligation and the sharing of profit,and fundamentally the weighting of representation in theBoard of Governors, to usage, was a master-stroke. Itafforded, and affords a workable solution to theconstant problem found in so many internationalorganisations (including the ITU) of the difficultiescaused when the dogma 'one state one vote' is notmatched by equality of financial commitment.For a variety of reasons a separate organisation,INMARSAT, was created to provide maritime mobileservices, through the agency of what was originallycalled the International Maritime SatelliteOrganisation.12 For related reasons, including the6 The Declaration of Legal Principles Governing the Activitiesof States in the Exploration and Use of Outer Space, 13December 1963, G.A. Res., 1962 (XVIII).7Treaty on Principles Governing the Activities of States in theExploration and Use of Outer Space, including the Moon andother Celestial Bodies, 1967,610 UNTS 205; (1968) UKTS 10,Cmnd. 3519; 18 UST 2410, TIAS 6347; 6 ILM 386; 61 AJIL644.8 Declaration on International Cooperation in the Explorationand Use of Outer Space for the Benefit and in the Interest of AllStates, Taking into Particular Account the Needs of DevelopingCountries’ A/RES/51/122 4 February 1997.9 See the (US) Communications Satellite Act 1962, (Public Law87-624; 76 Stat. 419,47 USC 701-44), as subsequentlyamended. The Articles of Incorporation of the Corporation areprinted (1963) 2 ILM 395.10 Agreement Establishing Interim Arrangements for a GlobalCommercial Communications Satellite System, and RelativeSpecial Agreement, (UK) 1964 Cmnd. 2436; (1964) 3 ILM80511 Agreement and Operating Agreement relating to theInternational Telecommunications Satellite Organisation(INTELSAT), Washington, 1971, (1973) UKTS No. 80, Cmnd.5461; 23 UST 3813 and 4091, TIAS 7532; (1971) 10 ILM1909.12 Convention and Operating Agreement on the InternationalMaritime Satellite Organisation (INMARSAT) with OperatingAgreement, London 1976; 1143 UNTS 105 and 213; (1976)UKTS No. 94, Cmnd. 7722; 31 UST 1 and 135, HAS 9605;(1976) 15 ILM 1051-75. Although it retains the acronym of itsolder incarnation, INMARSAT is now formally titled theInternational Mobile Satellite Organisation, as the businesstransacted has expanded into other fields of mobilecommunications.
EXPANDING GLOBAL COMMUNICATIONS SERVICES 67smaller size and more confined purposes of theorganisation, a structure different from that ofINTELSAT was selected. However, notably therelationship between financial commitment and powerin important decisions was retained. Other internationalorganisations were set up to provide particular services,or services to a particular constituency. Major amongthese are INTERSPUTNIK,13 originally based withinthe then USSR sphere of interest, EUTELSAT,14 whichoriginated with Europe, ARABSAT,15 which broughttogether the Arab world across a large section of theglobe, and PALAPA, originally an Indonesian domesticsystem, but one which now provides services in theAsian region.Such were the main providers of satellitetelecommunication services. But now, increasingly, wesee companies such as PanAmSat, Orion, Iridium,Alcatel, invested with legal personality by registrationthrough the procedures of a particular state, whosepurpose is the provision of national and internationaltelecommunication services for commercial profit.These companies wish selectively to enter thetelecommunications market. Indeed, some of them arealready active in parts of the market, in some instancesproviding ‘new services’ not offered by theirpredecessors.13 Agreement on the Establishment of the "INTERSPUTNIK"International System and Organisation of SpaceCommunications, Moscow, 1971, 862 UNTS 3; Space Law:Selected Basic Documents, (2d. ed.) Committee on Commerce,Science and Transportation, (US Government Printing Office,1978) at 385-98. See also Y. M. Kolossov, InternationalSystem and Organisation of Space Communication(INTERSPUTNIK)' in N. Jasentulyana and R.S. Lee (eds.),Manual On Space Law, (New York: Oceana, 1979-84), vol. 1,401-14, with text of Agreement, vol. 2 at 159.14 Convention and Operating Agreement of the EuropeanTelecommunications Satellite Organisation (EUTELSAT),Paris, 1983, 1519 UNTS 149; (1990) UKTS 12, Cm. 956.,amended (1990) UKTS 15, Cm. 956.15 For unofficial translations of The Agreement of the ArabCorporation for Space Communications, see Space Law:Selected Basic Documents, (2d. ed.) Committee on Commerce,Science and Transportation, (US Government Printing Office,1978) at 449-68; N. Jasentuliyana and R. Lee (eds.), vol. 2 at345-60; and, E. M. M. Abdallah, The Arab Satellite', (1977) 44Telecommunication Journal, 422-6.Some would argue that this development isnecessary. Without conceding that, others wouldaccept that the procedures of the internationaltelecommunications organisations can be slow, theintroduction of new services not as swift as companiescan achieve, and that the status of the gateways to thefacilities of the organisations can be used to impedecompetition by others.16 Both INTELSAT andINMARSAT avoided some of that criticism byaccepting direct access by non-Signatory entities, butonly provided that the appropriate Signatory agreed.That has been insufficient to stifle criticism. Anotherstrategy has been for first INMARSAT, and secondINTELSAT to hive off certain elements of theirbusinesses to separate companies. In the case ofINMARSAT, ICO Global Communications Ltd, wascreated some years ago, and it is now a separatecompany, which, indeed could be a competitor ofINMARSAT in due course. It’s market niche is that ofthe personal mobile phone, which will link with asystem of low level satellites which it is in the processof creating. In the case of INTELSAT, New Skies NVwas separated off in 1998, and operates as a Dutchcompany providing multi-regional video and interactivemulti-media services for both business and individualcustomers. Unlike the INMARSAT spin-off, which hasstill to establish its system, New Skies NV has beencreated in a functional state, as it were, five satellitesand appropriate contracts being transferred as at thetime of incorporation. In addition the ITU has acceptedthe transfer of appropriate frequency and orbitalpositions from the US to The Netherlands.However, such steps are less than would meet therequirements of those who would seek the privatisationof the international organisations. Other arguments forprivatisation of the core business of each of the twosatellite organisations have been at work as well. Bothorganisations could profit from an ability to garnerfinance from the ordinary commercial sources such as16 Cf. the rather hysterical opposition to INTELSAT manifestedin recent Congressional debate, as well as provision in draftbills which appears to instruct the US Executive Branch tobreach its international obligations. See the terms of anddebate and Hearings relevant to Bills S. 2365 on InternationalSatellite Communications Reform, and H.R. 1872 onCommunications Satellite Competition and Privatisation, both105 th Congress, 2d Session.
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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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SESSION SIXExpanding Global Navigat
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POSSIBLE INTERNATIONAL REGULATORY F
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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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