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Article

Legal Rights and Possibilities to Access Satellite Data for a Non-Member State of Space Community

Case of Republic of Serbia

Journal International Institute of Space Law, Issue 3 2018
Keywords satellite data, digital divide, space law, EU, Copernicus, Republic of Serbia
Authors Anja Nakarada Pecujlic and Marko Pajovic
AbstractAuthor's information

    In today’s technologically dependent society an average person interacts 36x per day with satellite through diverse applications (e.g. to note just one example - 3/4 of the data used in weather prediction models depend on satellite data). Because of this wide use of satellites, nowadays 80+ countries currently operate at least one satellite in space (latest countries to reach space were Ghana, Mongolia, Bangladesh and Angola). Especially for states that are less economically and technologically developed, space systems are particularly useful and necessary in order to achieve “frog leaping” and decrease the economic and social inequalities between developing and developed states. Involvement in space activities gives them the opportunity to utilize state of the art technology and solve local issues (e.g. environmental, e-health, e-medicine, transportation). Taking a closer look at the satellite data and imagery, it can be observed that the users are mainly public sector clients, such as military institutions for security uses as well as environmental and agricultural authorities. Hence, in the first line it is important to examine which legal framework is governing the access to satellite data and if public sector clients from the developing countries have the same guaranteed rights under international law as the developed nations. This paper will offer in its first part an overview of existing international norms regulating access to satellite data, focusing on relevant provisions in the corpus iuris spatialis. In the second part it will compare these legal rights with the praxis, i.e. determining what are actual possibilities to exercise these rights, if a state is not involved in space activities and has never been a member of space community like in the case of Republic of Serbia. In the third and final part, the paper will zoom in on the EU flagship programs - Copernicus and Galileo - and ESA’s data access policies in regards to states that are neither EU nor ESA member states, but are striving for full European integration, as Serbia.


Anja Nakarada Pecujlic
Institute for Air Law, Space Law and Cyber Law, University of Cologne, Albertus-Magnus-Platz, Cologne 50923, Germany (corresponding author), anja.n.pecujlic@outlook.com.

Marko Pajovic
Serbian Case for Space Foundation, Dr. Ivana Ribara 105, Belgrade 11070, Serbia, marko.pajovic@serbiancaseforspace.com.
Article

The Belt and Road Initiative (B&R) Provides Opportunity for China to Dominate Space Cooperation in Asia?

An Analysis from the Legal Perspective

Journal International Institute of Space Law, Issue 2 2018
Keywords Asian Space Cooperation, B&R Initiative, Competition to Regional Space Dominance, Chinese National Space Legislation, APSCO’s Legal Framework
Authors Mingyan Nie
AbstractAuthor's information

    The co-existence of more than one regional space cooperation entity in Asia presents the competition on the cooperation of space affairs in this territory. Against this background, the Asian space powers take all possible measures to attract more space partners. The Belt&Road Initiative (B&R), which is defined as a comprehensive strategy for China to meet the challenges brought by the globalization, provides opportunities for the space field. However, legal improvements are demanded to be made on both domestic and regional levels for responding to the relevant legal challenges. On the domestic level, the Chinese space regulation which is intended to be formulated before the year of 2020 is recommended to encompass fundamental principles and provisions friendly to non-governmental entities and foreign partners. On the regional level, the Asia-Pacific Space Cooperation Organization (APSCO) is required to transform its role from Chinese platform to compete with its Asian rivals on space cooperation affairs to a co-builder and services provider of the B&R space programs (e.g., the SIC). Accordingly, legal coordination approached to ensure implementing the “co-sharing” principle is needed to be made between APSCO and the SIC sponsor; moreover, APSCO itself must do modifying jobs to improve its legal framework to adapt the requirements of its new role.


Mingyan Nie
Faculty of Law, Nanjing University of Aeronautics and Astronautics.

Michael S. Dodge
Department of Space Studies, John D. Odegard School of Aerospace Sciences, University of North Dakota.
Article

Access_open International Cooperation in China’s Space Undertakings

Melting Down Political Obstacles through Legal Means

Journal International Institute of Space Law, Issue 6 2016
Authors Xiaodan Wu
Author's information

Xiaodan Wu
China Central University of Finance and Economics.

Virgiliu Pop
Romanian Space Agency, 21-25, Mendeleev Street, Bucharest, 010362, Romania, virgiliu.pop@rosa.ro.

Shripad Jagdale
Advocate Bombay High Court, Prospective Member IISL, Ground Floor, Old Oriental Bldg, 65 M.G.Road, Fountain, Mumbai, India 400001

Elina Morozova
Head of International and Legal Service, Intersputnik International Organization of Space Communications

Olavo de O. Bittencourt Neto
Catholic University of Santos, Brazil, olavo.bittencourt@usp.br.

Dr. Annette Froehlich LL.M., MAS
European Space Policy Institute (ESPI), Schwarzenbergplatz 6, annette.froehlich@ espi.or.at.

Olavo de O. Bittencourt Neto
University of São Paulo, Brazil, olavo.bittencourt@usp.br.

M. Bahrami

A. Golroo
Article

Space Cooperation in the Asia-Pacific: The Story (or Stories) of APSCO and APRSAF

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 1st Young Scholars Session

Journal International Institute of Space Law, Issue 1 2009
Authors D.K.-W. Chen and S. Wan

D.K.-W. Chen

S. Wan
Article

Space Law and Science for Sustainable Peace and Biosphere Management Through Earth Observation Satellites, Especially in Developing SAARC Countries

Legal Challenges to Earth Observation Programs with Particular Emphasis on Developing Countries

Journal International Institute of Space Law, Issue 5 2009
Authors S. Bhatt

S. Bhatt

S. Li
Article

Asia-Pacific Space Cooperation Organization Convention

The Impact of Outer Space Law on Regional Policies

Journal International Institute of Space Law, Issue 1 2007
Authors H. Zhao

H. Zhao

V. Gopala Krishnan

M. Mejia-Kaiser

R. Kaul

T. Masson-Zwaan
Article

Opening Address

Conference on Space Law and Space Applications for Disaster Management in the Asia Pacific Region 20-22 November 2007, Chiang Mai, Thailand

Journal International Institute of Space Law, Issue 9 2007
Authors A. Urairat

A. Urairat
Article

The Principles of State Responsibility and Humanitarian Assistance in the Context of Disaster Management

Conference on Space Law and Space Applications for Disaster Management in the Asia Pacific Region 20-22 November 2007, Chiang Mai, Thailand

Journal International Institute of Space Law, Issue 9 2007
Authors R.M.R.B. Nawinne

R.M.R.B. Nawinne
Article

Vulnerability in Asia

Conference on Space Law and Space Applications for Disaster Management in the Asia Pacific Region 20-22 November 2007, Chiang Mai, Thailand

Journal International Institute of Space Law, Issue 9 2007
Authors O. Fall

O. Fall

A.D. Terekhov
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