(19) CONVENTION ON THE TRANSFER AND USE OF DATA OF
THE REMOTE SENSING OF THE EARTH FROM OUTER SPACE(Entered into Force Auguest
21,1979)
The States
Parties to this Convention, hereinafter referred to as the "Contracting
Parties",
considering
that outer space is free for use by all States without discrimination of any
kind, on a basis of equality and in accordance with international law,
including the Charter of the United Nations and the Treaty on Principles
Governing the Activities of States in the Exploration and Use of Outer Space,
including the Moon and Other Celestial Bodies, for the purpose of carrying on
activities in the remote sensing of the Earth from outer space;
believing that
in carrying on such activities the sovereign rights of States, in particular
their inalienable right to dispose of their natural resources and of
information concerning those resources, should be respected;
reaffirming
that activities in the field of the remote sensing of the Earth from outer
space and international co-operation to this end should promote peace and
understanding among States and be carried out for the benefit and in the
interests of all peoples irrespective of their degree of economic or scientific
development;
convinced that
space technology can provide new valuable information necessary for the
exploration of the natural resources of the Earth, geology, agriculture,
forestry, hydrology, oceanography, geography and cartography, meteorology,
environmental control, and for the solution of other problems connected with
the systematic exploration of the Earth and is surrounding space in the
interests of science and the economic activities of states;
determined to
create favourable conditions and necessary technical and economic prerequisites
for expanding co-operation in the effective practical use of data of the remote
sensing of the Earth from outer space,
Have agreed as
follows:
Article I
For the
purposes of this Convention:
(a)
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The term
"remote sensing of the Earth from outer space" means observations and
measurements of energy and polarization characteristics of self-radiation and
reflected radiation of elements of the land, ocean and atmosphere of the
Earth in different ranges of electromagnetic waves which facilitate the
location, description of the nature and temporal variations of natural
parameters and phenomena, natural resources of the Earth, the environment as
well as anthropogenic objects and formations;
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(b)
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The term
"data of the remote sensing of the Earth from outer space" means the initial
data obtained by remote sensors installed on space objects and transmitted
from them by telemetry in the form of electromagnetic signals or physically
in the form of photographic film or magnetic tape, as well as preprocessed
data derived from the flow of data which may be used for later analysis;
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(c)
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The term
"information" means the end-product of the analytical process of handling,
deciphering and interpreting remote sensing data from outer space, in
combination with the data and evidence obtained from other sources;
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(d)
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The term
"natural resources of the Earth" means natural resources forming part of the
aggregate of natural conditions of the human habitat and constituting major
components of man"s natural environment which are used in social production
for satisfying the material and cultural requirements of society.
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Article II
The
Contracting Parties shall co-operate with each other in the transfer and use of
data of the remote sensing of the Earth from outer space.
Article III
The specific
list, technical parameters, the volume of the said data, the time-table of
their receipt and conditions of the transfer as well as the degree of participation
of the Contracting Parties concerned in their processing and thematic
interpretation shall be determined by agreement between the Contracting Parties
concerned on a bilateral or multilateral basis.
Article IV
A Contracting
Party in possession of initial data of the remote sensing of the Earth from
outer space, with a better than 50 metres resolution on the terrain, relating
to the territory of another Contracting Party, shall not disclose or make them
available to anyone except with an explicit consent thereto of the Contracting
Party to which the sensed territories belong, nor shall it use them or any
other data in any way to the detriment of that Contracting Party.
Article V
A Contracting
Party that has obtained as a result of the deciphering and thematic
interpretation of any data of the remote sensing of the Earth from outer space
information about the natural resources or the economic potential of another
Contracting Party shall not disclose such information or make it available to
anyone except with an explicit consent thereto of the Contracting Party to
which the sensed territories and natural resources belong, nor shall it use
such or any other information in any way to the detriment of that Contracting
Party.
Article VI
The
Contracting Parties shall bear responsibility for national activities in the
use of data of the remote sensing of the Earth from outer space relating to the
territories of other Contracting Parties.
Article VII
The
Contracting Parties shall co-operate, subject to agreement on a bilateral or
multilateral basis, in elaborating and developing technical means and methods
necessary for taking measurements, the processing and thematic interpretation
of the data obtained from the remote sensing of the Earth from outer space, as
well as in training appropriate personnel for making an early and most
efficient practical use of modern space technology and data of the remote
sensing of the Earth from outer space.
Article VIII
1.
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The
Contracting Parties shall resolve questions arising in the process of the
implementation of this Convention in the spirit of mutual respect by
negotiation and consultation.
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2.
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In order to
resolve questions arising in connexion with the implementation of this
Convention, meetings of representatives of the Contracting Parties concerned
may be held, when necessary, by agreement between such Contracting Parties.
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Article IX
Any
Contracting Party may propose amendments to this Convention. Amendments shall
enter into force for each Contracting Party accepting the amendments upon their
approval by two-thirds of the Contracting Parties. An amendment that has
entered into force becomes binding upon the other Contracting Parties upon
their acceptance of such amendment.
Article X
1.
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This
Convention shall be subject to approval of signatory States in accordance
with their legislation. The Convention shall enter into force on the deposit
of instruments of approval by five Governments, including the Depository
Government of the Convention.
For
Contracting Parties whose instruments of approval are deposited after the
entry into force of this Convention, it shall enter into force on the date of
the deposit of their instruments of approval.
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2.
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This
Convention shall remain in force for five years.
For each of
the Contracting Parties which does not withdraw from the Convention six
months prior to the expiry of the said five-year period and successive
five-year periods, it shall remain in force for each successive period of
five years.
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Article XI
1.
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Other States
sharing the purposes and principles of the Convention may accede to this
Convention. Instruments of accession shall be deposited with the depositary
of the Convention.
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2.
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Accession of
a new State shall be considered to have taken effect 30 days from the date of
receipt by the depositary of the instrument of accession, who shall promptly
notify so all the Contracting Parties.
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Article XII
1.
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Each of the
Contracting Parties may withdraw from this Convention by giving notice to the
depositary of the Convention. Such withdrawal shall take effect 12 months
from the date of receipt by the depositary of the notification.
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2.
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Withdrawal
from the Convention shall not affect obligations of cooperating organizations
of the Contracting Parties under the working agreements or contracts
concluded by them.
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Article XIII
1.
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This
Convention shall be deposited with the Government of the Union of Soviet
Socialist Republics, which shall act as the depositary.
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2.
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The
depositary shall transmit certified copies of this Convention to all the
Contracting Parties and inform them of all notifications received by him.
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3.
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This
Convention shall be registered by the depositary pursuant to Article 102 of
the Charter of the United Nations.
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Article XIV
This
Convention is drawn up in four copies in the Russian, English, French and
Spanish languages, all of the texts being equally authentic.
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