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JOURNAL OF SPACE LAW VOLUME 31, NUMBER 2 Winter 2005 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 31 WINTER 2005 NUMBER 2 Editor-in-Chief Professor Joanne Irene Gabrynowicz Executive Editor Jacqueline Etil Serrao, J.D., LL.M. Articles Editors Business Manager H. Barber Boone Kimberly Walker Joey Cramblitt Jim Farrell Senior Staff Assistant Miranda Linton Julie Baker WilMoore Eric Price Keishunna Randall Katrina Sandifer Marc J. Smith Demetrice Williams Founder, Dr. Stephen Gorove (1917-2001) All correspondence with reference to this publication should be directed to the Journal of Space Law, P.O. Box 1848, University of Mississippi School of Law, University, Mississippi 38677, USA; [email protected]; tel: +1.662.915.6857, or fax: +1.662.915.6921. Journal of Space Law. The subscription rate for 2005 is $100 U.S. for U.S. domestic/individual; $120 U.S. for U.S. domestic/organization; $105 U.S. for non-U.Slindividual; $125 U.S. for non-U.S.forganization. Single issues may be ordered at $70 per issue. For non-U.S. airmail, add $20 U.S. Please see subscription page at the back of this Volume. Copyright © Journal of Space Law 2005. Suggested abbreviation: J. SPACE L. ISSN: 0095-7577 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 31 WINTER 2005 NUMBER 2 CONTENTS Foreword ............................................... Joanne Irene Gabrynowicz iii Call for Papers ................................................................................. VI Articles Satellite Distribution in Meteorological Forecasts for Air Navigation ................................... Ruwantissa Abeyratne 247 Chinese-Brazilian Protocol on Distribution of CBERS Products ....................................... Jose Monserrat Filho Alvaro Fabricio dos Santos 271 Appended Protocol: Complementary Protocol to the Framework Agreement Between the Government of the People's Republic of China and the Government of the Federative Republic of Brazil on Cooperation in the Peaceful Application of Outer Space Science and Technology on the Cooperation for the CBERS Application System The Ballistic Missile Defense System and its Effects on the Outer Space Environment ....................................... Steven A. Mirmina 287 International Cooperation for Sustainable Space Development ......................................... Chukeat Noichim 315 i Satellite Earth Observation as "Systematic Observation" in Multilateral Environmental Treaties ........... Masami Onoda 339 Commentary Space Law in its Second Half-Century ....... Glenn Harlan Reynolds 413 Update Report of the IISL Space Law Colloquium in Vancouver, Canada, October 2004 .................... Patrick Salin 423 Macha Ejova Ali Akbar Golrounia Kenneth Weidaw Martha Mejia (edited by Tanja Masson-Zwaan) Practice Note Preparing Written Briefs for International Law Competitions: A Primer ........................... Stephen E. Doyle 447 Book Review MAKING SPACE HAPPEN: PRIVATE SPACE VENTURES AND THE VISIONARIES BEHIND THEM By Paula Berinstein ....................... Reviewed by Diane Howard 459 Bibliography: Case Developments and Recent Publications Recent Space Law Cases and Publications ....... Keishunna Randall 467 Katrina Sandifer Law Review Articles..................................................................... 467 Notes and Comments ................................................................... 468 Books ............................................................................................. 468 United States Executive Office Papers ....................................... 468 United States Proposed and Enacted Legislation...................... 468 United States' Pending Cases ..................................................... 469 Agreements................................................................................... 469 ii FOREWORD THE EVOLVING EARTH - SPACE RELATIONSHIP IN SPACE LAW Joanne Irene Gabrynowicz' Since the last issue of the JOURNAL OF SPACE LAw, the world has experienced a number of devastating natural disas­ ters; from Pakistan and India where they suffered a horrendous, tragic earthquake to the United States where four states ex­ perienced the wrath of hurricanes Katrina and Rita. Other, less well-known disasters included volcanic eruptions in Comoros and Salvador; flooding, heavy rains and/or landslides in Central America, the south of France, Romania, Senegal, and Switzer­ land.' Satellites played an important role in observing and re­ sponding to all of these. For Earth observations and the world, decades-long attempts to integrate Earth observations on a global scale were raised to a whole new, historic level. Earth observations history was made when, for the first time, the United States activated the Charter on Cooperation to Achieve the Coordinated Use of Space Facilities in the Event of Natural . Joanne Irene Gabrynowicz is the Editor·in-Chief of the Journal of Space Law. She is also a professor of space law and remote sensing 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. 1 Disasters Charter, Homepage, available http://www.disasterscharter.org/ (last visited Jan. 18. 2006). iii or Technological Disasters' in response to hurricane Katrina. The U.S. activation of the Disasters Charter benefited the U.S. and significantly advanced the Charter's evolution. By activat­ ing the Charter on its own behalf, the U.S. joins Austria, Can­ ada, France, Germany, Italy, Russia, Sweden, Switzerland and other developed and/or space faring nations that have also acti­ vated it. Together, they have demonstrated that in the face of Nature's worst, well-organized assets create a whole that is greater than the sum of its parts, benefiting both developed and developing nations. Appropriately, this issue of the JOURNAL OF SPACE LAw has a number of timely articles relevant to the recent natural disas­ ters and Earth observation activities. Masami Onoda, an inter­ nationally recognized expert on Japanese remote sensing law and policy considers a particular type of international agree­ ment and offers, "Satellite Earth Observation as 'Systematic Observation' in Multilateral Environmental Treaties". Two in­ ternationally-recognized experts on Brazilian remote sensing law and policy, Jose Monserrat Filho and Alvaro Fabricio dos Santos describe the Chinese-Brazilian Protocol on Distribution of Chinese-Brazilian Earth Resources Satellite (CBERS) Prod­ ucts and make available an English translation of the Protocol. Focusing on the concept of cooperation in international space law, Chukeat Noichim also addresses Earth observations as they relate to sustainability in his article, "International Coop­ eration for Sustainable Space Development". Ruwantissa Abey­ ratne both expands and narrows the consideration of the law of satellites in his article, "Satellite Distribution in Meteorological Forecasts for Air Navigation". Dr. Abeyratne expands the in­ quiry by addressing the law of both Earth observations satel­ lites and communications satellites but he then narrows the analysis to the law's specific application to forecasts for air navigation. Some of the many other aspects of space law are also well represented in this edition of the JOURNAL OF SPACE LAW. The 2 Charter on Cooperation to Achieve the Coordinated Use of Space Facilities in the Event of Natural or Technological Disasters, Oct. 20, 2000 [hereinafter the Disasters Charter], at http://www.disasterscharter.orgicharter_e.html(lastvisitedJan. 18, 2006). iv continuing issues raised by missile defense is addressed by Ste­ ven A. Mirmina in his article, "The Ballistic Missile Defense System and its Effects on the Outer Space Environment" while Glenn Harlan Reynolds looks to the possible future of space law in his commentary, "Space Law in its Second Half-Century". Stephen E. Doyle, an experienced space law practitioner, offers the students of space law pragmatic advice in his practice note, "Preparing Written Briefs for International Law Competitions: A Primer". The volume contains information on some current space law activities including a meeting report by the Secretary of the In­ ternational Institute of Space Law, Tanja Masson-Zwaan and a review of the book, Making Space Happen: Private Space Ven­ tures and the Visionaries Behind Them by Paula Berinstein and reviewed by Diane Howard. Finally, a comprehensive space law bibliography complied by law students Keishunna Randall and Katrina Sandifer since the last issue of the JOURNAL OF SPACE LAw is provided. It contains the latest space law case develop­ ments, recent publications, law journal articles, co=ents and notes, books, agreements and United States' legislation. v CALL FOR PAPERS 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 32, Issue 1 The National Remote Sensing and Space Law Center of the University of Mississippi School of Law is delighted to announce that it will publish Volume
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