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外层空间遥感法律制度浅析 | |||||
收集整理:佚名 来源:本站整理 时间:2009-02-04 14:20:56 点击数:[] ![]() |
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eaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, a State carrying out a programme of remote sensing shall inform the Secretary-General of the United Nations” . 9 “Nonetheless, issues may be raised, for instance, as to whether droughts are to be included in natural disasters o whether a particular remote sensing activity promotes the protection of the Earth‘s natural environment in a given case or whether the data or information relative to natural disasters has in fact been transmitted ’as promptly as possible.‘” Id. p.310. And the response of related parties during the tsunami happening on Dec. 26th, 2004, might reveal such raising problems. ——Author 10 Principle X, “Remote sensing shall promote the protection of the Earth‘s natural environment. To this end, States participating in remote sensing activities that have identified information in their possession that is capable of averting any phenomenon harmful to the Earth’s natural environment shall disclose such information to States concerned”; Principle XI, “Remote sensing shall promote the protection of mankind from natural disasters. To this end, States participating in remote sensing activities that have identified processed data and analysed information in their possession that may be useful to States affected by natural disasters, or likely to be affected by impending natural disasters, shall transmit such data and information to States concerned as promptly as possible”。 11 Principle I, part of paragraph (a)。 12 See, Sloup: Mediasat, Gray Reconnaissance, and the United Nations Principles on Remote Sensing, , p. 327, 30 Proc. Colloq. L. Outer Space 322, 1987. 13 See the statistics on the official website of UN Office at Vienna: www.oosa.unvienna.org/SpaceLaw/gares/index.html 14 Id. Note 8 supra, p.295. 15 Part of Principe II 16 See, E. Galloway: Remote Sensing from Outer Space: Legal Implications of Worldwide Utilization and Dissemination of Data, Id. Note 7 supra, p.91 a.f.; also See, G.J. Mossinghoff and L.D. Fuqua, United Nations Principles on Remote Sensing: Report on Developments, 1970-1980, p.103, Journal of Space Law, Vol.8, 1980 17 Id. Note 1 supra, p.67 18 Ibid. 19 See, C.Q. Christol, Remote Sensing and International Space Law, pp. 21-44, Journal of Space Law, Vol.16. 1988 20 See, D.S. Myers, Third World Participation in Space Law Development, pp.130-134, Proceedings 31st Colloquium (Bangalore, 1988); also See, C.C. Okolie, International Law of Satellite Remote Sensing and Outer Space, Chapter 6, 1989 21 CBERS 2 was successfully launched in 2004. 22 Principle VII, “States participating in remote sensing activities shall make available technical assistance to other interested States on mutually agreed terms.” 23 Principle XII, “As soon as the primary data and the processed data concerning the territory under its jurisdiction are produced, the sensed State shall have access to them on a non-discriminatory basis and on reasonable cost terms. The sensed State shall also have access to the available analysed information concerning the territory under its jurisdiction in the possession of any State participating in remote sensing activities on the same basis and terms, taking particularly into account the needs and interests of the developing countries.” 24 See, I.A. Vlasic, Verifying Compliance with Arms Agreements: Whatever happened to “ISMA”? , p. 194 a.f., Arms Control and Disarmament in Outer Space, N.M. Matte, ed. 1985 25 Id. Note 1 supra, pp.73-74. 26 These two super powers were known in pursuit of maintenance for peaceful purposes by SALT I II Agreements. Also See, J.L. Magdelénat : The Adoption of Principles Relating to Remote Sensing and Their Major Effects on Surveillance Activities, pp.175-188, Id. Note 24 supra, Vol. II, 1987 27 UN Doc. A/C. 105/c. 2/SR. 387, pp. 8-9, 1983 28 Principle XIV, “In compliance with article VI of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, States operating remote sensing satellites shall bear international responsibility for their activities and assure that such activities are conducted in accordance with these principles and the norms of international law, irrespective of whether such activities are carried out by governmental or non-governmental entities or through international organizations to which such States are parties. This principle is without prejudice to the applicability of the norms of international law on State responsibility for remote sensing activities.” Also See, 1972 Liability Convention. 29 Principle XV, “Any dispute resulting from the application of these principles shall be resolved through the established procedures for the peaceful settlement of disputes.” 黄英亮 Tags: |
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