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PROCEEDINGS of the SPACE LAW CONFERENCE 2006 Asian Institute and Center for Research of Air and Space Law McGill University (Canada) PROCEEDINGS OF THE SPACE LAW CONFERENCE 2006 Asian Cooperation in Space Activities A Common Approach to Legal Matters (2-3 August 2006, Bangkok, Thailand) Conference organized by Ministry of Information and Communication Technology (Thailand) and International Institute of Space Law (IISL) TABLE OF CONTENTS • Preface by Nipant Chitasombat 7 • Welcoming Address by Tanja Masson-Zwaan (Secretary, International Institute of Space Law, The Netherlands) 13 • Message from HRH Princess Maha Chakri Sirindhorn 17 • Keynote Address by Sompong Sucharitkul (Associate Dean and Distinguished Professor of International and Comparative Law and Director of the Centre for Advanced International Legal Studies, Golden Gate University, San Francisco, USA) 19 SESSION 1 - Reforming the Regulatory Regimes governing Telecommunications in Asia 27 • Discussion Paper: “Reforming the Regulatory Regimes Governing Satellite Telecommunications in Asia” by Prof. Ram Jakhu (McGill Institute of Air and Space Law, Montreal, Canada) 29 • Comments on the Discussion Paper “Reforming the Regulatory Regimes Governing Telecommunication in Asia” by Prof. Ram Jakhu by Prof. Toshio Kosuge (University of Electro-Communications, Tokyo, Japan) 43 • Comments on the Discussion Paper “Reforming the Regulatory Regimes Governing Telecommunication in Asia” by Prof. Ram Jakhu by Sethaporn Cusripituck (Commissioner, National Telecommunications Commission of Thailand) 45 SESSION 2: National Space Legislation: Developments in Asia 49 • Discussion Paper: “National Space Legislation, with Reference to China’s Practice” by Dr. Zhao Yun (City University, Hong Kong) 51 • Commentary: “Commercial Space Launches” by Prof. Paul Larsen (Georgetown University, Washington DC) 65 SESSION 3: Asia’s Role in Remote Sensing and Legal Aspects of Access to High-Resolution Satellite Imagery 95 3 • Discussion Paper: “Asia’s Role in Remote Sensing and Legal Aspects of Access to High-Resolution Satellite Imagery” by Mr. K. Sridhara Murthi (Antrix Corp., India) 97 Commentaries: • “Comments on the K R S Murthi’s Discussion Paper on ‘Asia’s Role in Remote Sensing and Legal Aspects of Access to High-Resolution Satellite Imagery’” by Prof. Ram Jakhu (McGill Institute of Air and Space Law, Montreal, Canada) 105 • “Comment on the Discussion Paper on Asia’s Role in Remote Sensing and Legal Aspects of Access to High-Resolution Satellite Imagery presented by Mr. K. Sridhara Murthi” by Prof. Sergio Marchisio (Director, Institute for International Legal Studies, National Research Council, Italy) 107 SESSION 4: Legal Aspects of Disaster Management: Initial Results and Suggestions for Improvement of the International Charter on Space and Major Disasters 119 • Discussion Paper: “Space Contribution for Disaster Management: Legal Framework” by Dr. IBR Supancana (Center for Regulatory Research, Jakarta, Indonesia) 121 • Commentary: “Comments on the Discussion Paper ‘Space Contribution For Disaster Management: Legal Framework’with Specific Emphasis on the Disasters Charter” by Prof. Joanne Gabrynowicz (Director, National Remote Sensing and Space Law Center, University of Mississippo School of Law, USA) 133 SESSION 5: Regional Cooperation in Asia relating to Space Activities 139 • Discussion Paper: “Regional Cooperation in Asia Relating to Space Activities - Northeast Asian Issues” by Prof. Sang-Myon Rhee (College of Law Seoul National University, Korea) 141 Commentaries: • “Regional Cooperation in Asia relating to Space Activities” by Prof. Setsuko Aoki (Keio University, Tokyo, Japan) 153 • “Japanese Space Activities and JAXA” by Mr. Masahiko Sato (Manager, Legal affairs Division) and Mr. Kenta Minakawa (Administrator, General Affairs Division), General Affairs Department, JAXA, Japan 172 4 SESSION 6: Legal Issues Arising from Space Exploration & Exploitation 201 • Discussion Paper: “Legal Issues Arising from Space Exploration and Exploitation” by Prof. Visoot Tuvayanonda (University of the Thai Chamber of Commerce) 203 Commentaries: • “Observations on Legal Issues Arising from Space Exploration and Exploitation” by Prof. Chia-jui Cheng (Chairman, Asian Institute of International Air and Space Law, Taipei; Secretary-General of the Curatorium and President of Xiamen Academy of International Law, Xiamen) 213 • “Comments on the Discussion Paper ‘Legal Issues Arising from Space Exploration & Exploitation’” by Prof. Robert C. Beckman (National University of Singapore) 218 Session Reports edited and compiled by Tanja Masson-Zwaan (IISL, The Netherlands). 225 Speakers’ Biographies 245 Conference Pictures 269 Institute and Centre for Research of Air and Space Law (McGill University) 273 5 Preface Space Law is not a well known subject in the Asian countries. Although some of these countries assert to have some knowledge in this field, a majority of them do not recognize its full significance. Given this lack of awareness, they do not seem to realize that some of their rights under the international Space Law are being violated and the corresponding obligations are being ignored. The cause of this situation is perhaps embedded in many factors such as territorial sovereignty, historical, economic, social and political conflicts. Nevertheless, a group of dedicated Asian professionals and specialists in Space Law find that if the Asian countries could look beyond some petty political conflicts, the Asian cooperation in space activities could emerge through common approaches to several legal matters. Therefore, a small group of such professionals initiated and organized the International Space Law Conference 2006 in Bangkok, Thailand. This Conference was divided into six sessions. The first part of the Conference covered a broad range of "Reforming the Regulatory Regimes governing Telecommunications in Asia", then moved towards a broader range of "National Space Legislation: Developments in Asia". After these two broad sessions, the third and fourth sessions concentrated on more specific subjects of "Asia's Role in Remote Sensing and Legal Aspects of Access to High-Resolution Satellite Imagery" and "Legal Aspects of Disaster Management: Initial Results and Suggestions for Improvement of the International Charter on Space and Major Disasters". Session five focused the discussion on several aspects of "Regional Cooperation in Asia Relating to Space Activities." This session provided more insights into what other issues could emerge from this cooperation and what are possible implications of such cooperation. The Conference ended with the catch-all topic of “Other Legal Issues Arising from Space Exploration and Exploitation" that discussed issues that might not have been covered by other sessions. This Conference was held for several purposes. The first purpose was to initiate and expand awareness of the importance of Asian Cooperation in Space Activities and to make participants realize that space activities should not remain only the dominion of the Western countries. In this new day and age, Eastern countries should recognize the need to cooperate among them. They must look beyond past and present political conflicts. Natural disasters (like tsunamis) come in a more intense and extensive form and in order to survive such calamities cooperation among all Asian nations is the only means. The second purpose of the Conference was to build a good foundation for space activities. In order to do so, guidelines should be vividly set so all parties could play by the rules. The rules could be derivative of existing successful models, revised old models, as well as new and innovative models. However, the negotiation and conclusion of such guidelines-rules depend upon the nature and complexity of the constraints confronted in building the desired cooperation. The third purpose of the Conference was to encourage participation by all countries and brain-storming of ideas. We hope that all participants were able to share their knowledge and experiences in building Asian cooperation through the open forum that the Conference provided. In brief, the International Space Law Conference 2006 was organized with the hope that creative ideas will be generated and that Asian cooperation will go beyond the limits of the Conference. I believe that this goal was realised to a great extent. Nipant Chitasombat Conference Organizer 7 WELCOMING ADDRESS By Tanja Masson-Zwaan* Your Royal Highness, Princess Maha Chakri Siridhorn, On behalf of the International Institute of Space Law and its President, Mr. Nandasiri Jasentuliyana, I am honoured to address a few words to you to thank you most sincerely for your presence here today and for your interest in this space law conference, which has been jointly organised by the Ministry of Information and Communication Technology of Thailand and the International Institute of Space Law in Paris, France. This meeting is the fourth in a series of regional conferences organised by the IISL, initiated in 2001 in Singapore, and followed by similar conferences in Beijing in 2004 and Bangalore in 2005. The International Institute of Space Law (IISL) was founded by the International Astronautical Federation (IAF) in 1960 and has elected members from more than 40 countries and from diverse professional backgrounds. The IISL has held nearly 50 annual Colloquia on space law issues in many countries, and also organizes an annual Space Law Moot Court Competition for law students, in which Thailand has participated several times. The IISL also designates
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