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JOURNAI J OF SPACE LAW VOLUME 29, NUMBERS 1 & 2 2003 JOURNAL OF SPACE LAw UNIVERSITY OF MISSISSIPPI SCHOOL OF LAw A JOURNAL DEVOTED TO SPACE LAW AND THE LEGAL PROBLEMS ARISING OUT OF HUMAN ACTMTIES IN OUTER SPACE. VOLUME 29 2003 NUMBERS! &2 Editor·in-Chief Professor Joanne Irene Gabrynowicz Executive Editor Jacqueline Etil Serrao, J.D., LL.M. Articles Editors Business Managers Alicia Andrews Tracy Bowles Greg Atwood Leslie Vowell Price Spencer Beard Maria Nikolaevna Bjornerud Project Transition Manager Tracy Bowles Kevin Melchi Chris Brannon Laura Dyer Senior StaffAssistant Cory Lancaster Julie Baker Creighton Lancaster All correspondence with reference to this publication should be directed to the Journal of Space Law, P.O. Box 308 University of Mississippi Law Center, UniversitY, Mississippi 38677, [email protected], tel: 1.662.915.6857, or fax: 1.662.915.6921. Journal of Space Law. The subscription rate for 2003 and 2004 is $100 U.S. for U.S. domestic/individual; $120 U.S. for U.s. domestic/organization; $105 U.s. for non-U.SJindividual; $125 U.S. for non-U.SJorganization. Single is­ sues may be ordered at $70 per issue. For non-U.S. airmail, add $20 U.S. Please see subscription page at back of this volume. Copyright © Journal of Space Law 2003. Suggested abbreviation: J. Space L. JOURNAL OF SPACE LAw UNIVERSITY OF MISSISSIPPI SCHOOL OF LAw A JOURNAL DEVOTED TO SPACE LAW AND THE LEGAL PROBLEMS ARISING OUT OF HUMAN ACTIVITIES IN OUTER SPACE. VOLUME 29 2003 NUMBERS 1 &2 CONTENTS In Memory of Dr. Stephen Gorove...................................................... iii Foreword ............................................. Joanne Irene Gabrynowicz v Articles The Application of Intellectual Property Rights to Outer Space Activities ....................................... Ruwantissa Abeyratne 1 Satellite Servicing On-Orbit by Automation and Robotics: Legal and Regulatory Considerations ................ Tare C. Brisibe 21 Cooperation After the Storm: A Right Step in Satellite Trade Regulation .......................................... Patrick J. Donovan 31 International Law Governing the Acquisition and Dissemination of Satellite Imagery ......................... Ram Jakhu 65 The Jus Ad Bellum In Spatialis: The Exact Content and Practical Implications of the Law on the Use of Force In Outer Space .......................................................... Ricky J. Lee 93 Intersputnik International Organization of Space Communications: An Overview ................ Victor S. Yeshchunov 121 and Victoria D. Stovboun i Appended Agreements: Agreement on the establishment of the "INTERSPUTNIK" International System and Organization of Space Communications....................... 131 Protocol on the Amendments to the Agreement on the Establishment of the INTERSPUTNIK International System and Organization of Space Communications................................................... 147 Operating Agreement ofthe INTERSPUTNIK International Organization of Space Communications ................................................... 162 Commentary The Generational-Technological Gap In Air and Space Law - A Commentary ................................................. Gbenga Oduntan 185 Book Reviews ORIGINS OF INTERNATIONAL SPACE LAW AND THE INTERNATIONAL INSTITUTE OF SPACE LAW OF THE INTERNATIONAL ASTRONAUTICAL FEDERATION By Stephen E. Doyle ...................... Reviewed by Sylvia Ospina 205 SKY STATIC: THE SPACE DEBRIS CRISIS By Antony Milne ........................ Reviewed by John F. Graham 209 Bibliography: Case Developments and Recent Publications Space Law Cases and Publications Since 2000 .......... .Tracy Bowles 213 Books............................................................................................. 213 Articles .......................................................................................... 216 Notes/Comments .......................................................................... 218 Cases ............................................................................................. 219 11 -- In Memoriam -- This volume is dedicated to the memory of Dr. Stephen Gorove 1917 - 2001 Journal oJ Space Law Founder Chair, Editorial Board and Advisors 1973 - 2001 III FOREWORD THE JOURNAL OF SPACE LAW: THE NEW CENTURY Joanne Irene Gabrynowicz' The 29th volume of the JOURNAL OF SPACE LAw marks both an ending and a beginning. It is the first volume to be published since the passing of the JOURNAL'S founder and editor, Dr. Stephen Gorove. Dr. Gorove founded the JOURNAL in 1973 and under his guidance, it developed into the most respected space law journal in the world. For more than a quarter of a century, space law legislators, academics, students, practitioners, poli­ cymakers, and those aspiring to join their ranks, have consulted the JOURNAL for the best and most recent thinking on space law and its development. Now, in 2003, the JOURNAL will continue under new direction but with the same goal established by Dr. Gorove: to provide a dedicated forum to address the legal prob­ lems arising out of human activities in space. A more auspicious time to do so would be hard to imagine. In the first years of the 21st Century, the world witnessed the launch of Nigeria's NigeriaSatl, a remote sensing satellite and a 14-orbit, 21-hour, 23-minute mission of the ShengZhou-5 which carried the first Chinese Taikonaut into space, making China the third nation to place a· human in space. These mis­ sions exemplify the emergence of the next generation of space- * Joanne Irene Gabrynowicz is the Editor-in-Chief of the JOURNAL OF SPACE LAw. She is also a professor of space law and remote Bensing law and the Director of the Na­ tional Remote Sensing and Space Law Center at the University of :Mississippi School of Law. Prof. Gabrynowicz was the recipient of the 2001 Women in Aerospace Outstanding International Award and is a member of the International Institute of Space Law and the American Bar Association Forum on Air and Space Law. She may be reached at www.spacelaw.olemiss.edu. v faring nations. The space community has recognized that newly - active and recently advancing space nations require expertise and guidance to develop their domestic space law and legal in­ stitutions. In 1999, the Third United Nations Conference on the Ex­ ploration and Peaceful Uses of Outer Space (UNISPACE III) noted "[t]he need for effective laws and policies on space activi­ ties, not just on an international level but also on the national level, [and it] is becoming clear to the increasing number of States now actively involved in the field of space." In 2001, the American Astronautical Society concluded that, The accessibility to and integration into our daily lives of nu­ merous co=ercial applications in space, including satellite telephony, direct-to-home television, high-speed Internet con­ nectivity, telemedicine, distance learning, remote sensing of the Earth, global positioning and navigation and materials processing, are a testament to that fact. Yet for private entities and investors to expand their business models and to reach for the next new application, they will need to see predictable, transparent and flexible international and domestic legal frameworks within which they may operate their businesses and protect their investments. As the newly -active space nations begin their domestic space activities and space law development, their more experi­ enced counterparts are addressing more advanced operational and legal problems. Complex, long-term international missions are raising issues of follow-on technologies; on-orbit human and robotic sustainability; and the on-going utilization, implementa­ tion and evolution of space assets. Multilateral agreements like the Intergovernmental Space Station Agreement and the Inter­ national Charter for Space and Major Disasters are representa­ tive of the newer space law instruments that are emerging to reflect the multi-year, international missions that characterize the post-Apollo era. Taken together, these events-and the response of the law that they invoke-demonstrate that on the civil side of space activities both the newer and more established spacefaring na­ tions share two strong commonalities: de facto international cooperation and the increase of hybrid public-private activities. vi The Nigerian satellite was built by a British company and launched atop a Russian rocket. Russian legacy technology pro­ vided the foundation for improvement by the Chinese. The In­ ternational Space Station integrated, and continues to inte­ grate, the technology and processes of 16 nations. The nascent Earth monitoring system facilitated by the International Char­ ter employs the technology and. personnel of six major space agencies and their supporting companies. A constant theme of all of these activities is the web of legal issues generated by the use of publicly and/or privately developed assets for commercial and/or national projects. Many of these issues are mirrored on the military side of space activities as welL One of the best examples of this is the Initial Joint Polar-Orbiting Operational Satellite System and its concomitant intergovernmental agreement, in which both the U.S. military and civil weather authorities are engaged, along with their European counterparts. The intentional reliance on commercial remote sensing systems for national security pur­ poses by Israel and the United States is another example. The outcome of the relative roles of the U.S. Global Positioning Sys­ tem and the planned European
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