INVESTIGADORES
WILLIAMS Silvia Maureen
capítulos de libros
Título:
Space Law and Remote Sensing Activities
Autor/es:
MAUREEN WILLIAMS
Libro:
Disseminating and Developing National and International Space Law:the Latin American and Caribbean Perspective
Editorial:
Naciones Unidas, Nueva York
Referencias:
Lugar: Nueva York; Año: 2005; p. 121 - 137
Resumen:
Nota: este trabajo de la presente autora ha sido comentado extensamente en la misma publicación aquí referida, por los profesores Joanne Gabrynowicz (EEUU) y José Monserrat Filho (Brasil)
ABSTRACT
The magnitude of commercial space activities today has brought about winds of change. In the field of remote sensing the shift from strict state sovereignty claims to the commercial implications of the use of outer space indicates, in turn, that national space legislation and registration questions -the latter now on the agenda of the Legal Subcommitte of Copuos (LSC)- become matters of high priority.
One of the most welcomed consequences of the shift to commercial space activities is the weakening of the principle of sovereign immunity in this field. This change will no doubt ease the way for future agreements on the topic, which had been discouraged in the past decades by the risk of a state -acting de jure imperii- invoking a clause of sovereign immunity in the course of the implementatiom of an agreement thus blocking its effectiveness . This is particularly important insofar as dispute settlement is concerned.
However, disagreement on certain sensitive points still stands between the industrialised and developing world, especially as regards the right of access to data by the sensed state and other related -equally sensitive- issues to be addressed later in this paper.
At this point in time it is therefore essential to determine where we were, where we are now and, in the most realistic terms, where we really would want to be concerning the legal framework to govern remote sensing in the regional and international scenarios. In order to adjust to the changes that will inevitably flow from the present context a brief overview of the background is necessary before evaluating the present state-of-the-art.
