513110 Journal of Space Law 34.1.Ps

JOURNAL OF SPACE LAW VOLUME 34, NUMBER 1 Spring 2008 1 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 34 SPRING 2008 NUMBER 1 Editor-in-Chief Professor Joanne Irene Gabrynowicz, J.D. Executive Editor Jacqueline Etil Serrao, J.D., LL.M. Articles Editors Business Manager P.J. Blount Michelle Aten Jason A. Crook Michael Dodge Senior Staff Assistant Brad Laney Gregory Hunley Curtis Brent Martin Gabriel P. McGaha Luke Neder Sam Shulman 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; [email protected]; tel: +1.662.915.6857, or fax: +1.662.915.6921. JOURNAL OF SPACE LAW. The subscription rate for 2008 is $100 U.S. for U.S. domestic/individual; $120 U.S. for U.S. domestic/organization; $105 U.S. for non-U.S./individual; $125 U.S. for non-U.S./organization. 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 2008. 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 ACTIVITIES IN OUTER SPACE. VOLUME 34 SPRING 2008 NUMBER 1 THE 2ND INTERNATIONAL CONFERENCE ON THE STATE OF REMOTE SENSING LAW CONTENTS Foreword ............................................... Joanne Irene Gabrynowicz iii Call for Papers ................................................................................. v Articles French Remote Sensing Law ............................... Philippe Achilleas 1 Current Status and Recent Developments in Brazilian Remote Sensing Law .........Hilcéa Santos Ferreira 11 Gilberto Câmara Regulating Remote Sensing Space Systems in Canada – New Legislation for a New Era................................................................Thomas Gillon 19 Current Status and Recent Developments in UK and European Remote Sensing Law and Policy ...........................................................Ray Harris 33 Improvement to the Legal Regime for the Effective use of Satellite Remote Sensing Data for Disaster Management and Protection of the Environment ....................................Atsuyo Ito 45 First Licence Issued Under Canada’s Remote Sensing Satellite Legislation ............................ Bruce W. Mann 67 i 2 Belgian Legal Framework for Earth Observation Activities........................... Jean-François Mayence 89 Current Status and Recent Developments in German Remote Sensing Law .................................Dr. Bernhard Schmidt-Tedd 97 Max Kroymann The U.N. General Assembly Resolution 62/101 of 17 December 2007 on “Recommendations on Enhancing the Practice of States and International Intergovernmental Organizations in Registering Space Objects” ......................... Kai-Uwe Schrogl 141 Niklas Hedman Commentary Lost in Space: A Practitioner’s First-Hand Perspective on Reforming the U.S.’s Obsolete, Arrogant, and Counterproductive Export Control Regime for Space-Related Systems and Technologies .................................................... Mike N. Gold 163 Bibliography: Aviation and Space Law: Relevant Publications ........... P.J. Blount 187 Aviation Cases....................................................................................... 187 Law Review Articles .............................................................. 192 Regulations ............................................................................ 195 Books ...................................................................................... 195 Other Documents................................................................... 195 Space Law Cases....................................................................................... 196 Administrative Decisions, Statements, etc. ......................... 197 Law Review Articles .............................................................. 197 Regulations ............................................................................ 200 Treaties................................................................................... 200 Books ...................................................................................... 200 Other Documents................................................................... 201 ii FOREWORD THE 2ND INTERNATIONAL CONFERENCE ON THE STATE OF REMOTE SENSING LAW: A COMPREHENSIVE LOOK AT THE STATE OF REMOTE SENSING LAW Joanne Irene Gabrynowicz* This volume of the JOURNAL OF SPACE LAW contains most of the papers presented at the 2nd International Conference on the State of Remote Sensing Law held at the National Center for Remote Sensing, Air, and Space Law at the University of Mis- sissippi School of Law, 16-18 January 2008. The first conference was held in the same location 18–19 April 2002. In the time between the two conferences three broad trends in remote sensing law can be discerned. First, there is a con- tinuing trend to address advanced capabilities in a regulated environment. Second, there is a growing distinction between the data policies set for newer, more advanced systems and those * 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 Center for Remote Sensing, Air, and Space Law 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 Director of the International Institute of Space Law and a member of the American Bar Association Forum on Air and Space Law. iii 3 that apply to more established systems. These distinctions gen- erally run along the lines of high-spatial resolution, commercial data; and, lower spatial resolution, civil, noncommercial systems. Data from the former category is more controlled and market-priced. Whereas, data from the latter category is increasingly becoming more open and with little or no cost. Third, commercial systems—however “commercial” is defined—are increasingly being controlled by their nation of origin. These trends are giving rise to some intriguing questions that have emerged, particularly regarding commercial high- resolution systems. First, when will some of these systems sim- ply be openly recognized as the surveillance, or in a different parlance—spy, systems they are? This is particularly interesting in light of some companies openly selling secrecy measures as premium products. A related question is whether or not the high-resolution systems that are increasingly being regulated by a number of nations should be merged or coordinated. If these systems are primarily viewed as surveillance systems, it is unlikely there is the political will to do so. However, if these systems are primarily viewed as profit making activities, there may be a different outcome. Either way, interesting questions would be raised at international law. Another approach would be to have these systems be recognized as governmental systems. There is some national legislation that now hold data provid- ers/vendors responsible for making what are substantially geo- political decisions in their distribution sales process, imposing criminal sanctions for bad decisions. The purpose of the 2nd International Conference on the State of Remote Sensing Law was to fill in some of the defining details in these trends and emerging questions. The speakers were the people who were actively involved in their national legislative processes. Their papers and discussions gave insight into the “hows” and “whys” of the processes and policies that led to the law in their respective nations as well as what expectations could be considered going forward. iv 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 34, Issue 2 The National Center for Remote Sensing, Air, and Space Law of the University of Mississippi School of Law is delighted to an- nounce that it will publish Volume 34, issue 2 of the JOURNAL OF SPACE LAW in the second half of 2008. Authors are invited to submit manuscripts, and accompanying abstracts, for review and possible publication in the JOURNAL OF SPACE LAW. Submission of manuscripts and abstracts via email is preferred. Papers addressing all aspects of international and national space law are welcome. Additionally, papers that address the inter- face between aviation and space law are also welcome. Please email manuscripts and accompanying abstracts in Mi- crosoft Word or WordPerfect to: [email protected] Or, alternatively, a hardcopy of the manuscript and abstract, along with a computer diskette containing them in Microsoft Word or WordPerfect format may be sent to: JOURNAL OF SPACE LAW P.O. Box 1848 University, MS 38677 1-662-915-6857 (office) 1-662-915-6921 (fax) To be considered for the next issue, submissions should be re- ceived on or before September 1, 2008. The JOURNAL OF SPACE LAW will continue to accept and review submissions on an on-going ba- sis. v 4 ARTICLES FRENCH REMOTE SENSING LAW Philippe Achilleas* INTRODUCTION In 1986, France launched the first SPOT (Satellite Pour l'Observation de la Terre), an optical imaging

Load more