Remote sensing data: some critical comments on the current state of regulation and reflections on reform
- Paper number
IAC-06-E6.3.08
- Author
Dr. Lesley Jane Smith, University of Lueneburg, Germany
- Coauthor
Ms. Catherine Doldirina, University of Bremen, Germany
- Year
2006
- Abstract
This paper provides an overview of the current international and national regulation in relation to remote sensing data, with a view to analysing its effectiveness in the face of modern demands for (more) information.
In a preliminary review, the international legal instruments and national laws relevant to the subject will be analysed. Thereafter, the national legislation of some major space-faring nations will be examined as a means of establishing differences in regulation and handling of remote sensing data, alongside its effects on information policy. The final part of the paper focuses on whether there is a need for a revised approach to the international legal regulation of remote sensing data and control of its use. This latter point is important in the face of publically or privately enforceable restrictions on access to essential information. The article hereafter highlights the most important issues to be addressed by any such proposal for reform.
Current research shows that remote sensing data, as a part of other commercial applications for space exploitation, has become an expensive commodity that is in great demand 1. The particular remote sensing activities protected by space law 2 are increasingly identified among the potential markets for private and government space-based systems 3. International instruments contain no provisions relating to the ownership of processed remote sensing data, to its status and the scope of use to which it can be put. Some existing national laws promote commercialisation of remote sensing, but leave its control to a system of state licensing, with an accompanying obligation to supply government with the data. Paradoxically, such legal provisions do not normally regulate the scope of freedom of a remote sensing operator over subsequent distribution of data to third party users. This harbours a potential for protectionist interests that restrict information accessibility.
Certain national laws have a degree of similarity as to their regulatory content that could provide a basis for a conceivable approach to a comprehensive international regulation. It appears only logical to pursue such an option: trans-border remote sensing activities cannot be effectively regulated by national law alone. A new regulatory mechanism could establish the status of remote sensing data, unify the types of remote sensing data and lay down equal conditions of distribution and restriction on use. This in turn will help create a common policy towards the “public-private” interests dichotomy in space.
1 See eg Joanne Irene Gabrynowicz, J.D., Space Law: Its Cold War Origins and Challenges in the New Era of Globalization, 37 Suffolk U. L. Rev. 1041, at 1055-1057.
2 See U.N. Principles on Remote Sensing U.N. Doc A/RES/41/65 (1986).
3 See Commercialisation of World Meteorological Organistaion, WMO Res. 40, 1995.
- Abstract document
- Manuscript document
IAC-06-E6.3.08.pdf (🔒 authorized access only).
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