(7) PRINCIPLES RELATING TO REMOTE SENSING OF THE EARTH
FROM OUTER SPACE(Resolution 41/65 by UN General Assembly 41st Session, Adopted
by the UN General Assembly on December 3, 1986)
The General Assembly,
Recalling its resolution 3234 (XXIX) of 12 November
1974, in which it recommended that the Legal Subcommittee of the Committee on
the Peaceful Uses of Outer Space should consider the question of the legal
implications of remote sensing of the Earth from space, as well as its
resolutions 3388 (XXX) of 18 November 1975, 31/8 of 8 November 1976, 32/196 A
of 20 December 1977, 33/16 of 10 November 1978, 34/66 of 5 December 1979, 35/14
of 3 November 1980, 36/35 of 18 November 1981, 37/89 of 10 December 1982, 38/80
of 15 December 1983, 39/96 of 14 December 1984 and 40/162 of 16 December 1985,
in which it called for a detailed consideration of the legal implications of
remote sensing of the Earth from space, with the aim of formulating draft
principles relating to remote sensing,
Having considered the report of the Committee on the Peaceful
Uses of Outer Space on the work of its twenty-ninth session6 and the
text of the draft principles relating to remote sensing of the Earth from
space, annexed thereto,
Noting with satisfaction that the Committee on the Peaceful
Uses of Outer Space, on the basis of the deliberations of its Legal
Subcommittee, has endorsed the text of the draft principles relating to remote
sensing of the Earth from space,
Believing that the adoption of the principles relating
to remote sensing of the Earth from space will contribute to the strengthening
of international cooperation in this field,
Adopts the principles relating to remote sensing of
the Earth from space set forth in the annex to the present resolution.
Annex
Principles Relating to Remote Sensing of the Earth from Outer Space
Principle I
For the
purposes of these principles with respect to remote sensing activities:
(a)
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The term "remote
sensing" means the sensing of the Earth's surface from space by making use of
the properties of electromagnetic waves emitted, reflected or diffracted by
the sensed objects, for the purpose of improving natural resources
management, land use and the protection of the environment;
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(b)
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The term "primary
data" means those raw data that are acquired by remote sensors borne by a
space object and that are transmitted or delivered to the ground from space
by telemetry in the form of electromagnetic signals, by photographic film,
magnetic tape or any other means;
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(c)
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The term "processed
data" means the products resulting from the processing of the primary data, needed
to make such data usable;
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(d)
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The term "analysed
information" means the information resulting from the interpretation of
processed data, inputs of data and knowledge from other sources;
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(e)
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The term "remote
sensing activities" means the operation of remote sensing space systems,
primary data collection and storage stations, and activities in processing,
interpreting and disseminating the processed data.
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Principle II
Remote sensing
activities shall be carried out for the benefit and in the interests of all
countries, irrespective of their degree of economic, social or scientific and
technological development, and taking into particular consideration the needs
of the developing countries.
Principle III
Remote sensing
activities shall be conducted in accordance with international law, including
the Charter of the United Nations, the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies,1 and the relevant instruments of
the International Telecommunication Union.
Principle IV
Remote sensing
activities shall be conducted in accordance with the principles contained in
article I 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, which, in particular, provides that the exploration and use of outer
space shall be carried out for the benefit and in the interests of all
countries, 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. These activities shall be conducted on the basis of
respect for the principle of full and permanent sovereignty of all States and
peoples over their own wealth and natural resources, with due regard to the
rights and interests, in accordance with international law, of other States and
entities under their jurisdiction. Such activities shall not be conducted in a
manner detrimental to the legitimate rights and interests of the sensed State.
Principle V
States
carrying out remote sensing activities shall promote international cooperation
in these activities. To this end, they shall make available to other States
opportunities for participation therein. Such participation shall be based in
each case on equitable and mutually acceptable terms.
Principle VI
In order to
maximize the availability of benefits from remote sensing activities, States
are encouraged, through agreements or other arrangements, to provide for the
establishment and operation of data collecting and storage stations and
processing and interpretation facilities, in particular within the framework of
regional agreements or arrangements wherever feasible.
Principle VII
States
participating in remote sensing activities shall make available technical
assistance to other interested States on mutually agreed terms.
Principle VIII
The United
Nations and the relevant agencies within the United Nations system shall
promote international cooperation, including technical assistance and
coordination in the area of remote sensing.
Principle IX
In accordance
with article IV of the Convention on Registration of Objects Launched into
Outer Space4 and article XI 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, a State carrying out a programme of remote
sensing shall inform the Secretary-General of the United Nations. It shall,
moreover, make available any other relevant information to the greatest extent
feasible and practicable to any other State, particularly any developing
country that is affected by the programme, at its request.
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.
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.
Principle XIII
To promote and
intensify international cooperation, especially with regard to the needs of
developing countries, a State carrying out remote sensing of the Earth from
space shall, upon request, enter into consultations with a State whose
territory is sensed in order to make available opportunities for participation
and enhance the mutual benefits to be derived therefrom.
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.
Principle XV
Any dispute
resulting from the application of these principles shall be resolved through
the established procedures for the peaceful settlement of disputes.
6 Official
Records of the General Assembly, Forty-first Session, Supplement No. 20 (A/41/20
and Corr.1).
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