“Among the most important tasks to be entrusted to the Agency under the French proposal would be the acquisition， processing and dissemination of data and /or information. ‘Data’ in this context would include rough images and electromagnetic signals obtained by the Agency‘s satellites， or put at its disposal by satellite-operating States. ’Information‘ would include the analysed results of the data as well as all other information on arms systems， geographical conditions， military installations etc.， which would be useful to the Agency in accomplishing its duties. Such auxiliary information would become available either from freely accessible sources or be supplied by individual member States.”（25） Regretfully， such proposal did not seek for supportive comments from U.S. or USSR at that time， and was nullified with regards to excessive expenditure involved.（26） Albeit； in the UN Principles， such directive spirit was incorporated in 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”。 However， without realistic attraction to technically developed countries， how come it seems much chance of this strategy realized in the foreseeable future？ So， such problems are staying a host of discussion in the scholarly literatures.
Finally， turning backwards to Principle IV， the declaration of sensed state‘s legitimate rights on sovereignty， deemed as not incentive for controversy as aforementioned， had strictly interpreted as only referring to the conduct of remote sensing activities but not including the detrimental results caused by dissemination of data， especially to the non-participant states. While the U.S. accepted international responsibility for the outer space activities of its governmental or non-governmental entities， it could never accept the extension of such responsibility to terrestrial activities， as championed by the Soviet-led socialist countries， except in accordance with generally recognized principle of international law. （27） Reaching compromises in correspondence with such attitudes， the Principles states logically circular recommendations in Principle XIV（28） ， and a non-envisaged dispute settlement procedure in Principle XV（29） . In sum， the enforcement of international liability is also controversial but beyond this article.
「注释」
1 See， Prof. Dr. I.H. Ph. Diederiks-Verschoor： An Introduction to Space Law， p. 68， Kluwer Law and Taxation Publishers， Deventer-Boston， 1993
2 Principle I， part of paragraph （a）， “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” and （b） – （d）。
3 Part of 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，…”
4 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， and the relevant instruments of the International Telecommunication Union.”
5 Part of 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”。
6 Part of Principle IV， “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”。
7 See， N.M. Matte H. DeSaussure： Legal Implications of Remote Sensing from Outer Space， eds. 1974， 1976， contributions presented at proceedings of the Symposium appeared in citation of Legal Implications， held at McGill University， Montreal， Canada， Oct. 1975
8 See， Stephen Gorove： Development in Space Law， Issues and Policies， p.306， Martinus Nijhoff Publishers， P.O. Box 163， 3300 AD Dordrecht， The Nethelands， Kluwer Academic Publishers incorporates the publishing programmes of， 1991. Part of Principle IX， “In accordance with article IV of the Convention on Registration of Objects Launched into Outer Space 4 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” .
9 “Nonetheless， issues may be raised， for instance， as to whether droughts are to be included in natural disasters o whether a particular remote sensing activity promotes the protection of the Earth‘s natural environment in a given case or whether the data or information relative to natural disasters has in fact been transmitted ’as promptly as possible.‘” Id. p.310. And the response of related parties during the tsunami happening on Dec. 26th， 2004， might reveal such raising problems. ——Author
10 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”。
11 Principle I， part of paragraph （a）。
12 See， Sloup： Mediasat， Gray Reconnaissance， and the United Nations Principles on Remote Sensing， ， p. 327， 30 Proc. Colloq. L. Outer Space 322， 1987.
13 See the statistics on the official website of UN Office at Vienna： www.oosa.unvienna.org/SpaceLaw/gares/index.html
14 Id. Note 8 supra， p.295.
15 Part of Principe II
16 See， E. Galloway： Remote Sensing from Outer Space： Legal Implications of Worldwide Utilization and Dissemination of Data， Id. Note 7 supra， p.91 a.f.； also See， G.J. Mossinghoff and L.D. Fuqua， United Nations Principles on Remote Sensing： Report on Developments， 1970-1980， p.103， Journal of Space Law， Vol.8， 1980
17 Id. Note 1 supra， p.67
18 Ibid.
19 See， C.Q. Christol， Remote Sensing and International Space Law， pp. 21-44， Journal of Space Law， Vol.16. 1988
20 See， D.S. Myers， Third World Participation in Space Law Development， pp.130-134， Proceedings 31st Colloquium （Bangalore， 1988）； also See， C.C. Okolie， International Law of Satellite Remote Sensing and Outer Space， Chapter 6， 1989
21 CBERS 2 was successfully launched in 2004.
22 Principle VII， “States participating in remote sensing activities shall make available technical assistance to other interested States on mutually agreed terms.”
23 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.”
24 See， I.A. Vlasic， Verifying Compliance with Arms Agreements： Whatever happened to “ISMA”？ ， p. 194 a.f.， Arms Control and Disarmament in Outer Space， N.M. Matte， ed. 1985
25 Id. Note 1 supra， pp.73-74.
26 These two super powers were known in pursuit of maintenance for peaceful purposes by SALT I II Agreements. Also See， J.L. Magdelénat ： The Adoption of Principles Relating to Remote Sensing and Their Major Effects on Surveillance Activities， pp.175-188， Id. Note 24 supra， Vol. II， 1987
27 UN Doc. A/C. 105/c. 2/SR. 387， pp. 8-9， 1983
28 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.” Also See， 1972 Liability Convention.
29 Principle XV， “Any dispute resulting from the application of these principles shall be resolved through the established procedures for the peaceful settlement of disputes.”
