Legal Implications of Remote Sensing of Earth Resources By Satellite

• Author: Captain Gary L. Hopkins
• Pages: 02

1. INTRODUCTIONA nerr. era of earth exploration began yesterday with the succeasful lofting of an unmanned earth-orbiting satellite that will continuously scan the surface of the earth, radioing back many kinds of information on global environment and natural resources.'

   .Vex Yark Times

   The "unmanned earth-orbiting satellite'' described in the Times article was the National Aeronautics and Space Administration's (NASA) Earth Re~ources Technology Satellite (ERTS). This satellite was subsequently replaced by a second satellite, called Landsat-2,2 launched by NASA on January 22, 197i3

   These satelliter are a major step in the development of a systematic, planned means of managing, conserving, and effectively using the earths resources. They and their associated research programs

   ". . . will open up, in the next few year8, new perspectives of mankind's knowledge about its natural environmental conditions both on the continents and under the surface of the ocean.''

   The need for management of such resources should be apparent to

   Schaa!. C E Army, Charloftei le the author was B member of the

   Twenty-fourth Judge Adrocat d Clair The opinions and eanelu- agency

   "JAGC. U S Arm>, Senior Indtructa~,

   Procurement Lsa D~uiaon. The Judge AdLL M I 1975. George Warhi - Member of rhe Bar8 of Oklahoma. the United States Court of, the United State8 Supreme Court lReniberger. Ai, Ea Q Orbated, Nes Yark Times. July 24, 1972 at 1. Cnl 2*LRTS-A and ERTS-sFea York Times. Ja*Dauies Sntiaanl SolitenSPACE 121 (1870 [hereinafter c~ird

   ~i Dsuier SIXTEE'ITH

   nd Rrrnafe Sriiaing of Earth Resouices by Sotrl-Ln PRUCIEDlFOS OB THE SIXTEE\1TH CoLLopI'IL'I ox THE Law OF OUTER

   E7

   CULLOQUIUI~]

   anyone observing life today. Food shortages producing famine and hunger are being experienced in many parts of the world. Population pressures continue to increase. Eneigthreaten the ~ e r y existence of certain mdremains unabated. Demand. on the eaithproliferated. How can man hope to eurrire and grao olthout an orderly use of earth resouree~that eliminates such problems? Solutions for these problems will be many faceted, but an important aspect of any ultimate solution will be the means by Bhich adequate information can be obtained to implement a rational q s - tem of resources use. Such a system necessarily requires ". . . reaeaich and evaluation of natural resources. rational use of flora and fauna, and operational information on natural phenomena. . . . [Tlhe broader the base for decision making, [sic] the more rational the planning. , Thus, ERTS 1s a velcome and timely addition to mankind's inventory of scientific knowledge

   Honever, determining the mast effective method of employment of earth resources satellite systems 1s not without its difficulties. Earl! problems centered ~n scientific and technological areas. re^ cently, mare thought and discussion hare been given to legal considerations raised by earth resource^ satellites (ERS). For instance.

   do such systems violate the aoiereignty of other nations? Does a launching state need to obtain permiasion from another countr? before it can extract data related ta that country: Rho should control ERS data and in what manner should the data be disseminated? What role, if any. should the United Nations play in the developing ERS programs? Is a nea treaty needed on earth sensing by satellite? These are n is essential, and if all the poesibilitieare to be uaed in a qust a fa,- of the legal questions raisensing satellites that mum be resolved if all mankind is to benefit from the new technology. It is only from within a sound mternational legal framework that such space activities can be harnessed for waridiiide use. In his book. The Loic of Oata,.Spnce.' Manfred Lachs expressed this need for the rule of law in -pace activities thusly:

   If 811 rhs amnmes connected with outer space are to be conducted for the benefit of all and to the detriment of none. >nterna?lonal coopera-tion 13 esrentml. and >I RII the pasrrbilirirr opened up are IO be used I"

   B responsible manner, the conduct of states in regard to outer space must be submitted to the rule of la,&

   ,I' F.

   Doc AAC 1Oj.C 5 SR 233 at 61 119751 VI LACH THE LAX OF OETER SPACE

   '19721

   -Id , it 6

   This article rill discuss and analyze the "rule of law" as it now applies to earth resources satellites and ta remote sensing. It will attempt to determine if new law need to be developed. and it will deal with ~ u m e of the wried legal problems that have arisen in connection with such satellite systems.

   11. HISTORY, TECHNOLOGY, AXD OBJECTIVES OF REMOTE SEESING SATELLITES

   1. HISTORY

      The concept of surveying and studying earth's resources by aay of satellites is a relatively new phenomenon. For the most part, the history of earth resources aatellites (ERS) is a history of the United States program because, until very recently, it was the "only game in toun."

      During the early days of the United States apace program, particularly the Mercury and Gemini missions. scientists in this country began to develop an interest in remote sensing by satellite. Typical of the incidents that began to arouse this scientific curiosity was the one described in the Sew York Times of February 4, 1972. "The few times that remote sensing, with the human eye, piqued the . . .

      imagination took place in the early nineteen sixties when several Mercury astronauts reported seeing from an orbital altitude of 100 miles, railroad tracks, highways and smoke coming from chim-neys." The growing scientific interest and curiosity was finally satisfied on July 23, 1972, when the United States became the first nation to launch an unmanned satellite, known as ERTS-1 (sub. requently renamed Landsat-1),8 to replace the eye8 of the Mercury

      ogy Satellite (ERTS) Program that had been established in 1969. President Nixon, addressing the United Kations General Assembly on September 18 of that year outlined the United States policy for that program:

      We die just beginning to comprehend the benefit8 that space tethnol ogy c m yield here on earth and the potential IS enormous. For eiam- OL>ons, Safell fe-Barrr Doxsing Rod to be Oilirrd 1972. at 11 e01 4'V K Doc AIaC lOjlC 21SR 233. at 61 11975)>OF. liOlARI. LIW OF OCTER SPACE 152 119731

      Kew York Times. Feb 4,

      ple i e

      no% aien~~elopingearih~.p.ourrei

      (emphasis added)

      The United States has rigorously pursued the policy of sharing and cooperation enunciated by President Nixon. The Landeat program has encompassed many nations, a variety of shared experiments and a vast array of multinational programs. To date "[slcientific and research projects in progress using [Landsat-11 data hare taken place in 55 countries and in at least fire major international organizations." For example, the United Sations Food and Agricultural Organization has over fifty projects using Landeat-l gathered data.13 Some of the countries that hare participated in Landsat-1 experiments include Argentina. Bangladesh. Beigium. Brazil, Canada. Chile. Columbia. Saitzerland. Peru and the United Kingdom.14

      Landsat-1 has been replaced by Landrat-2. The projected research to he accomplished by this satellite is extensive. as was that of it? predecessor. The proposed program for Landsat-2 was re-cently outlined by Mr. Bennet, one of the United States Repreren-tatires on the United Nations Committee on the Peacefui Uses of Outer Space (COPUOS). in an addma to that committee.

      Landsat-? like the first earth ieiouiee~ feehnala

      -une> rafe!lirei. uiththe

      firif e~peiimental sdfellite LO be launched rometime in the decade af the serentiei Present indirafioni a n that these aatelliler should be

      shed their own data acqulaitlon, pmeeaimg and disseminstlon

      atations in Iran and Zaire m e expected to become operational during the coming ieara Is

      ties. starions LD Canada. B ~ W I and ~taig are nos. operating, and

      The United States currently contemplates launching Landsat-3 to augment Landsat-2.16

      Until quite recently, only the United States was actively pursuing an ERS program. It now appears that the Soviet Union has launched ocean surveillance satellites I' and other satellites that perform experiments very similar to those of Landsat. Evidence of such satellites abounds. For instance, the Soviet Union and Bulgaria recently concluded an agreement wherein it vas stated that the two nations would ". . . eonduet joint work on the development and improvement of aerospace methods of remote sensing of the earth and technical means of processing and interpreting the material obtained. . , ." (emphasis added). A more recent agreement just concluded between the Soviet Union and various Eastern European countriej provides in Article 2:

      [Clooperation shall be carried on in the following basic areas:

      Study of the natural environment by means of space devices.18 Further, the Soriet Union has declared that it intends to establish a syatem that is capable of "sy3tematieally surveying a number of re-sources." lo

      Both the United States and the Sariet programs are still experimental. Until the recent Soviet announcement just mentioned, no country had established, or even made a commitment to establish, an operational earth resources survey satellite system.21 Howeyer, it is now obvious that such an operational System will be a reality within the decade.

   2. TECHNOLOGY

      . . . .

      The proteas of remote sensing of the earth's resources by satellite

      "U N Doe. MAC 105lPV.146 ai 64-11 11975) Kegatiationi are 81~0being eon- ducted bg the Unired Stater with Germany. lapan. Kenga. Spain and Turkey for dlrecf acqullltmn rightr Aviation Week and Space Technology, Xoi 4. 1974, at 19. iviafion Week and Space Teehnohgy. Ocf 28. 1974. at 20.21

      "Sro Allation Week and Space Technology. June 23. 1975, at 18 N.

      Doc A'AC 101,126. at 12 11974). QII also U N Doe. MAC 3051128. at 8 for

      a further discussion of Sower remote ien~inp

      S Doc. .&'C,ll31~3, at 2-3 11976).'oU.N. Doe. .4'AC.106,C.IlSR.li6 at 10 (1917). P'Srr U E;. Doe .VAC LOYl25, at 21 (1974)

      'w N. DOC...