International law, Sixth edition
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International Law MALCOLM N. SHAW
Annals of Air and Space Law, 1979, p. 413.
335 See e.g. Christol, Modern International Law, chapter 13, and 21(4) UN Chronicle, 1984, p. 32. See also the Study on Remote Sensing, A/AC.105/339 and Add.1, 1985, and Gorove, Developments, part VII. 336 General Assembly resolution 41/65. 337 Note that the 1967 Outer Space Treaty provides for freedom of exploration and use, although arguments based inter alia on permanent sovereignty over natural resources and exclusive sovereignty over airspace have been put forward: see e.g. A/AC.105/171, Annex IV (1976) and A/AC.105/C.2/SR.220 (1984). 338 See e.g. A. E. Gotlieb, ‘The Impact of Technology on the Development of Contemporary International Law’, 170 HR, p. 115. 339 A/AC.105/C.2/L.99 (1974). 552 i n t e r nat i o na l l aw has been considering the problem for many years and general agreement has proved elusive. 340 The Principles on Remote Sensing provide that the sensed state shall have access to the primary and processed data produced upon a non-discriminatory basis and on reasonable cost terms. States conducting such remote sensing are to bear international responsibility for their activities. The increase in the use of satellites for all of the above purposes has put pressure upon the geostationary orbit. This is the orbit 22,300 miles directly above the equator, where satellites circle at the same speed as the earth rotates. It is the only orbit capable of providing continuous con- tact with ground stations via a single satellite. The orbit is thus a finite resource. 341 However, in 1976, Brazil, Colombia, the Congo, Ecuador, In- donesia, Kenya, Uganda and Zaire signed the Bogot´a Declaration under which they stated that ‘the segments of geostationary synchronous or- bit are part of the territory over which equatorial states exercise their sovereignty’. 342 Other states have vigorously protested against this and it therefore cannot be taken as other than an assertion and a bargaining counter. 343 Nevertheless, the increase in satellite launches and the limited nature of the geostationary orbit facility call for urgent action to produce an acceptable series of principles governing its use. 344 Download 7.77 Mb. Do'stlaringiz bilan baham: |
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