外层空间遥感法律制度浅析

Premature Legal Framework of Remote Sensing from Outer Space

　　From the introduction of technical doctrines， Remote sensing satellites make it possible to gather information on mineral resources， weather and climatic changes， as well as resources management and it can be drawn a conclusion that remote sensing is a human activity which has already been practice in connection with common interests all over the world for scores of years. Initial discussions regarding remote sensing from outer space took place at the First UN Conference on Peaceful Uses of Outer Space in Vienna in 1968. In the early 1970s， Argentina， Brazil and other Developing countries asserted that each State has permanent sovereignty over natural resources within their territory and that any information acquired regarding those resources was included in the concept of sovereignty. Thus， developing countries argued that the consent of the sensed State was a prerequisite to any space-based remote sensing of their sovereign territory. Moreover， they maintained that if remote sensing did occur， they were entitled to any data generated and that the distribution of such data to third parties was impermissible without the consent of the State sensed.

　　Actually， following the launch of the first civilian remote sensing satellite in 1972， developed as well as some developing countries had been demanding some special legal regime， significantly since 1978， when the Working Group set up under UNCOPUOS finally finished their draft of 17 principles. “Events in the Working Group may well have been a straw in the wind for a trend that was soon to become apparent in another forum. This trend clearly reflected the mounting influence of developing countries and the pressure of their combined weight in international affairs. It was manifest in the Second UN Conference on the Exploration and Peaceful Uses of Outer Space （UNISPACE II）， which was convened in Vienna in August 1982.”（1） However， if the misgivings entertained by some Western industrialized powers about possible controversy regarding the interpretation and application of some of the potential principles treaty， were ignored， the ultimate result would be completely different. After a lengthy debate on the Conference， the Principles Relating to Remote Sensing of the Earth from Space （Principles）， which was annexed in UN resolution 41/65， was approved and adopted unanimously on December 11th， 1986.

　　These final 15 principles， general speaking， recognize the great benefit possibly derived from remote sensing and also the opportunities potentially arising from the misuse. After all， it is understandable for a UN resolution， in and by itself， being not legally binding or not leading to serious conflicts. Rather， it‘s been highlighted in the ensuing discussion for a couple decades. Before focusing on possible controversial issues， a glance at those unlikely for dispute is necessary. Apart from the technical definition（2） ， basically， those principles， as reiterations of already accepted principles of outer space law， in particular， supervised under or even copied verbatim et literatim from 1967 the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space， including the Moon and Other Celestial Bodies （Outer Space Treaty）， are candidates of disqualification for controversy. For example， Principle II， “Remote sensing activities shall be carried out for the benefit and in the interests of all countries”（3） ， III， “shall be conducted in accordance with international law”（4） ， and IV， “irrespective of their degree of economic or scientific development and stipulates the principle of freedom of exploration and use of outer space on the basis of equality”（5） . These particular UN Principles are merely a restatement of terms from the Outer Space Treaty or other well-established customary international law. In a sense， such principles might not escape the characteristics of obscurity or ambiguity， either of which， however， is not a unique issue to the level of remote sensing framework but to the level of international space law and does not refer to the emergency of divergent textual interpretations of such resolution.

　　Additionally， the same as foregoing cases， to provide an added protection for the sensed state， Principle IV adds that remote sensing activities must be conducted with respect to all States‘ permanent sovereignty over its wealth and natural resources， and may not be conducted in such a manner detrimental to the legitimate rights of the sensed State（6） ， even though the issue of sovereignty of sates over their own natural resources， including information derived from remote sensing regarding such resources had been one of the most bothersome issues for many years during the drafting process and has served as a stumbling block to achieving consensus（7） ， which will be discussed hereinafter. Besides， “[A]n associated principle， lacking expectations of future controversiality， is the principle that a State carrying out remote sensing programs is to inform the U.N. Secretary-General in accordance with Article IV of the Registration Convention and Article XI of the Outer Space Treaty”（8） ； “Also， the principle relating to the promotion of the protection of the Earth’s environment and disclosure of information that is capable of averting any phenomenon harmful to such environment as well as the principle applicable to the promotion of the protection of mankind from natural disasters and the transmittal of relevant information to affected States.”（9） （10） Hence， the UN Principles also make it clear that the protection of the earth‘s environment and the protection of mankind from natural disasters are of extreme importance.

　　In contrast to those foregoing principles， there are plenty of possible areas where differences of interpr