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  • Public and private interest in remote sensing activities: The need for an effective legal environment

    Paper number

    IAC-06-E6.3.10

    Author

    Dr. Marianna Morelli, CORILA Consortium for Coordination of Research Activities Concerning the Venice Lagoon System, Italy

    Year

    2006

    Abstract
    Space technology provides mankind with the potential tools for economic, social and cultural development. It has brought about progress in many fields: to communicate via satellite, to forecast weather conditions, to monitor natural disasters, to study global environment, to develop navigation systems. In particular, Earth observation systems are powerful tools to guarantee an information control on many key indicators that are closely related to many interdependent and trans-boundary issues such as industrial policies, international and national economic strategies, environmental protection agreements and local development plans. Today, remote sensing is an important instrument to recognize major environmental changes, water and soil quality and to manage natural resources. The World Summit on Sustainable Development has clearly emphasized the use of remote sensing data  to improve the decision making process in various domains. 
    The space sector, however,  remains a high risk sector, many users will not invest in establishing an operational capability on space data unless they can also maintain a terrestrial alternative, which is costly. This means limiting services that space remote sensing programmes may be able to deliver. 
    In order to make the remote sensing activities more profitable demand from the private side is expected, but at the same time with the tendency towards commercialisation of space activities it might become difficult for governments to guarantee application of the UN principle of free access on a non-discriminatory basis and at a reasonable cost, and to ensure benefits for all countries.
    Europe, as well as the entire international community, seeks new institutional and legal models to plan the acquisition, processing, archiving and distribution of data, taking in consideration the many different public and private needs.
    This paper aims to analyse the international legal framework of  remote sensing. International space law does not cover many of organizational and legal issues emerging from the new practices of remote sensing. Even though remote sensing is framed by the 1986 UN Declaration there is no binding obligation for the States to follow it. The need for the widest availability of data to all interested users, the growing expansion of remote sensing commercial services, the international and scientific cooperation and the emerging of the private operators of satellite systems must be duly considered in a proper regulating environment. Which kind of legal review is demanded to meet the needs for effective laws and policies on space activities?  This not only on the international level, but also on the national level. 
    
    Abstract document

    IAC-06-E6.3.10.pdf

    Manuscript document

    IAC-06-E6.3.10.pdf (🔒 authorized access only).

    To get the manuscript, please contact IAF Secretariat.