Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2022 15 (12)

Authors

Lysenko, Mihail N.; Lozhkovoj, Petr N.

Contact information

Lysenko, Mihail N.: International Law School, MGIMO University MFA Russia Moscow, Russian Federation; Lozhkovoj, Petr N.: International Law School, MGIMO University MFA Russia Moscow, Russian Federation;

Keywords

remote sensing of the Earth; principles of remote sensing; space monitoring; intergovernmental agreements

Abstract

The article covers problems and prospects of the Earth remote sensing and presents analysis of the effectiveness of the international legal framework in this area. The study is based on international treaties on outer space, bilateral and multilateral agreements, 1986 Principles of Remote Sensing, as well as academic publications. General and special methods of legal analysis were used. The authors have found that, in technical terms, the definition and the concept of remote sensing do not cause disagreements among professionals. However it was not possible to achieve unity on the international legal status of remote sensing. It does not appear in basic sources of international outer space law. The main source of regulation have been the 1986 Principles of Remote Sensing adopted as a resolution of the UN General Assembly thus making it a recommending document in the format of political obligations. The Principles are in many respects imperfect and outmoded. But today they continue to be the only universal international document regulating remote sensing, and they have not been contested in more than 30 years. As a result of the discussion, the authors conclude that the formation of the legal base of remote sensing occurs by integrating the norms of “soft laws” into national laws, fixing them in international treaties and, as a result, in the emergence of customary norms of international law. A balance of interests of states has been established on the main controversial issues such as the interrelationship among freedom of space monitoring, state sovereignty and access to remote sensing data. It is stated that it is in the field of remote sensing of the Earth that a large number of private companies operate, the activities of which are regulated by the national legislation of the states. Various forms of public-private partnerships are developing. In the long term it is important to further increase cooperation on remote sensing within the UN and other international organizations, conclude regional and bilateral agreements, and develop national legislations

Pages

1763–1777

DOI

10.17516/1997-1370-0950

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/149629

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).