The USE of satellite data in international litigation. ST/SPACE 66

MAUREEN WILLIAMS (ARGENTINA)

UN Document

Oficina de Naciones Unidas para el Espacio Ultraterrestre

Lugar: Viena; Año: 2014 p. 1 - 16

0002 9300

                        Part One of this paper includes perceptions and conclusions showing the way opinion was moving in the first decade of the new millennium and reviewing, in retrospect, the state of the art. At that time the predominant views indicated that the use of satellite data in court should be given a more positive spin. The situation emerged as a result of some difficulties encountered by the ICJ and other international tribunals concerning the validity of earth observation data in international boundary disputes, such as Bahrain v. Qatar (2001), Cameroon v. Nigeria (2002), Indonesia v. Malaysia (2001/2002), Botswana v. Namibia (1999) and, in the field of arbitration, the Red Sea Islands (Eritea v.  Yemen), decided by the PCA in 1999. In these cases the high precision of satellite data was somehow dwarfed by an aura of suspicion when produced as a single means of evidence. Possibilities of forgery could not be discarded. The outcome was that the interpretation of satellite data by experts, instead of having clarifying effects for the court, created disorder. This, in turn,  lead to the conclusion that satellite imagery used in court was not the satellite data proper but the opinion of the experts called upon to interpret such data.             Part Two addresses the current international, regional and national scenarios which are opening a new chapter in the field of satellite data, its use in court and other recent developments. These include the use of remote sensing technologies for environmental protection, verification and treaty behaviour regarding arms control, natural disasters and water management, among others. Moreover, Earth observation technologies have a primary role in the area of sea level rise, a problem affecting both industrialised and developing countries. Finally, special attention is drawn to privacy issues and the protection of satellite data in light of the latest far-reaching technologies such as Google Earth. The general feeling is that the principle of freedom of information could no longer be applied in such extreme terms as was, for example, in the Sunday Times case (1979) decided by the European Court of Human Rights in Strasbourg.  Recent court decisions are showing this trend in cases where freedom of the press is being overridden by the protection of privacy.