Remote sensing activity: 'Legal Issues in Emerging Technology'
- Paper number
IAC-10,E7,1,31,x8910
- Author
Mr. ANIMESH SINHA, India
- Year
2010
- Abstract
The activities pertaining to outer space often lead us to the realm of sci-fi. It is difficult for the ordinary citizen of the world community to envision the pervasive access outer space activities have over our daily lives. The activity of ‘remote sensing by satellites’ is one such activity which has still not caught the popular imagination of the ordinary citizen of the world community. However, recent developments in technology present serious challenges and the diverse policy on remote sensing activities urgently requires to be moulded into formal law. The aim and purpose of this paper is to highlight the concerns that emanate from wrongful use of the ‘remote sensing technology’ and the urgent requirement to take necessary precautionary steps. The paper shall take the burden to prove that the existing legal regime to regulate remote sensing policy is interstitial and inefficacious. It shall contain detailed analysis of the concerned treaties to establish the ineffectiveness of the specific provisions. Further, the diverse policies which have independently developed in every sovereign jurisdiction shall be analysed to highlight the implications of non-linear growth in policy formation over a technology which cannot be bound to sovereign boundaries. The diverse policy may develop into formal law but such development shall open the Pandora’s box and the paper will aim to establish the inconsistencies that may result from a non-linear approach to the formation of formal law. Comparative analysis shall be made with the precedent and past experiences in Air Law to build the argument against sporadic and non-linear formation of formal law from diverse policies. The paper shall endeavour to suggest the method(s) by which the interstitial and inefficacious regime regulating remote sensing activity can be fortified and the legal benefits that shall arise from a linear growth. The paper shall comprehensively deal with the importance and method of technology partnering legal regulation, the liability of private actors, adequacy of reparation from injury caused by remote sensing activity, benfits of a central agency under the auspices of the United Nations pertaining to remote sensing, dispute settlement mechanism and the reasons why individual nation states should accede to the formation of a binding treaty governing remote sensing activity. Additionally, an argument shall be developed to highlight the gravity of the challenges posed by remote sensing activity to national security; from rogue regimes, terrorist threats and acts of infringement of privacy from private actors.
- Abstract document
- Manuscript document
(absent)