Pricing policy and legal issues: 6th and 7th EOPOLE workshops

The following report presents the main conclusions of the sixth and seventh EOPOLE workshops, held in Hydra, Greece, 3–4 May and Leiden, the Netherlands, 3–5 July 2000, respectively. The objectives of the first workshop were to evaluate different approaches to pricing policy and to assess how new developments in Earth observation and information technology are having an impact on Earth observation data pricing policy. Those of the second were to assess the constraints that legal frameworks impose on Earth observation and to explore ways in which they can be used to its advantage.     

A failure of international space cooperation: the International Earth Observing System

This paper examines the failure of the Earth Observation International Coordination Working Group to implement an International Earth Observation System. Tracing the history of both the Group and the mission concept, it explains the political and organizational failures that took place. It shows that these failures were linked to different approaches to international cooperation in Earth observation data policy. The main points of contention existed between Working Group members, NASA and ESA. NASA favored formal and binding legal arrangements, while ESA preferred to avoid institutionalized legal commitments. Success in coordinating and harmonizing data policy on a multilateral basis for Earth observation missions is more likely to be achieved by pursuing agreement on general principles and terms of reference than by seeking specific legal agreements.     

Planetary preservation: the need for legal provision

The Earth has been hit by NEOs many times in its history and there is always a risk that this will happen again. While we are beginning to acquire the technology that could warn of and divert a future collision, the legal instruments needed to facilitate a global response to the problem are lacking, especially given that the most likely means of diverting a NEO would involve nuclear weapons that could also be used on Earth. An analysis of the current legal situation is used to support the argument that new rules must be created. The author also discusses US Air Force policy on the subject and whether planetary defense is consistent with its goal of achieving and sustaining US superiority in space.     

Earth observation data pricing policy

Pricing policy for Earth observation data continues to be a problem for both supplier organizations and user organizations: there are incompatible or conflicting pricing policies used by different organizations in the Earth observation sector. This paper analyses the issues in Earth observation data pricing in two ways. First, it analyses the policy foundations which underlie Earth observation data pricing, such as return on investment, the basis of pricing policy and access conditions. Second, it presents five policy options for the pricing of Earth observation data, namely free data, marginal cost price, market driven price, two tier pricing and rebalancing of government funding. The paper concludes with an analysis of the forces acting on Earth observation data pricing policy.     

New technologies and data integration

The fourth workshop of the Earth Observation Data Policy and Europe (EOPOLE) project was held in Brussels, Belgium, 18–20 October 1999 at the offices of the European Commission DG Research, with Yves Reginster of Gere SA, Luxembourg, as guest speaker. The purpose of the workshop was to discuss the data policy issues raised by new technologies and by integrating Earth observation (EO) data with non-EO data. They included risks and reliability of output products, transfer of experience with new projects and intellectual property rights.     

How shall we live in space? Culture, law and ethics in spacefaring society

The US civilian space program is focused on planning for a new round of human missions beyond Earth orbit, to realize a ‘vision’ for exploration articulated by President George W. Bush. It is important to examine this ‘vision’ in the broader context of the global enterprise of 21st century space exploration. How will extending a human presence into the Solar System affect terrestrial society and culture? What legal, ethical and other value systems should govern human activities in space? This paper will describe the current environment for space policy making and possible frameworks for future space law, ethics and culture. It also proposes establishment of a World Space Conference to aid deliberations on the above.     

Towards a new remote sensing order?

This Viewpoint argues that the 1986 UN Principles on Remote Sensing have failed to anticipate the growth and broadening of the Earth observation field and are now less relevant. It traces the development of remote sensing: from a narrow government-controlled base, three distinct sectors of military, civil (i.e. public) and commercial Earth observation can now be distinguished and the latter is making images ever more widely and easily available. There has been no international effort to adjust the international legal regime to this changing environment and even the USA's remote sensing policy has basically been reactive. It is impossible now to conceive an overarching remote sensing policy and the challenge will be to shape each sectoral regime appropriately.     

The use of remote sensing to support the application of multilateral environmental agreements

There is a growing realisation of the increasingly varied and interesting possibilities for the use of Earth observation data to ensure compliance with international obligations generally, and treaty obligations in particular. Most examinations of the application of Earth observation data to monitoring states’ compliance with international obligations focus on the environmental sector. This paper proposes the use of remote sensing satellites for the support of multilateral environmental agreements (MEAs), especially land monitoring MEAs such as the Convention on Biological Diversity (1992) and the Kyoto Protocol (1997). It discusses the uses of remote sensing for treaty implementation or enforcement in general, and the admissability of satellite imagery as legal proof, before examining how Earth observation-derived data could be of benefit to specific MEAs. As sensors become increasingly sophisticated the use of remote sensing in this area should grow but it needs to be supported by its more widespread legal recognition as proof.     

Overview of the legal and policy challenges of orbital debris removal

Much attention has been paid recently to the issue of removing human-generated space debris from Earth orbit, especially following conclusions reached by both NASA and ESA that mitigating debris is not sufficient, that debris-on-debris and debris-on-active-satellite collisions will continue to generate new debris even without additional launches, and that some sort of active debris removal (ADR) is needed. Several techniques for ADR are technically plausible enough to merit further research and eventually operational testing. However, all ADR technologies present significant legal and policy challenges which will need to be addressed for debris removal to become viable. This paper summarizes the most promising techniques for removing space debris in both LEO and GEO, including electrodynamic tethers and ground- and space-based lasers. It then discusses several of the legal and policy challenges posed, including: lack of separate legal definitions for functional operational spacecraft and non-functional space debris; lack of international consensus on which types of space debris objects should be removed; sovereignty issues related to who is legally authorized to remove pieces of space debris; the need for transparency and confidence-building measures to reduce misperceptions of ADR as anti-satellite weapons; and intellectual property rights and liability with regard to ADR operations. Significant work on these issues must take place in parallel to the technical research and development of ADR techniques, and debris removal needs to be done in an environment of international collaboration and cooperation.     

Towards a coherent remote sensing data policy

Access to space-based remote sensing data is critical for Earth science and the study of global change. This article summarizes a variety of US government Earth science data policies and problems. The authors examine current efforts to develop data policies for the next generation of US remote sensing programmes, noting likely problems based on past experiences. They argue that the goal of US Earth science data policy should be to provide the widest possible dissemination of data. Setting such a goal permits the development of a simple, coherent data policy that serves scientific, commercial and US government interests.     

The Indian EO Programme-national and global drivers

The Indian Earth Observations Program, over the past three decades, has been mainly driven by the national need for natural resources management, environment monitoring and disaster support. With an array of seven Indian Earth Observation Satellites, national development support has been provided through a well-knit institutional framework of a National Natural Resources Management System (NNRMS). A wide variety of applications have been developed as an inter-agency effort over the past 15 years. Now, the capacity of the programme has extended into the global arena and is providing operational data services to the global user community. Positioning of relevant policy guidelines for the EO program to contribute to national endeavor and its transitioning for global outreaching and development of a commercial enterprise — both at national and global levels has been an area of constant attention within ISRO.Issues related to defining the space and data acquisition as a national “public ground”, costing of data products and services and evolving a commercial Earth Observation policy have been addressed for providing the overall thrust of the Indian Earth Observations program. The paper discusses the evolution of the policy in the early stages and its transition today to support a two-pronged strategy of supporting national development support and at the same time, developing a commercial program. The paper also illustrates the success of these policy endeavors through specific cases of applications and development of value added services. The paper also brings out the potential policy adjustments that will be called for in the coming years.     

Kazakhstan's space policy in a changing national and global context

In the wake of its transition to a market economy and the political and social reforms that have accompanied this, Kazakhstan—home to the renowned Baikonur space complex—is experiencing greater demand for space services. This article reports on the drivers behind and main features of the country's current space program and analyzes Kazakahstan's space policy. Key priorities are capacity building, maximizing revenue from the lease of Baikonur, international cooperation, in particular with Russia, as a means of gaining know-how and entering the world space industry, developing Earth observations and broadcasting expertise, and placing the country's activities within a legal framework.     

Archives for Earth observation data

The fifth workshop of the EOPOLE project¹ was held in Seville, Spain, 17–19 January 2000, with the purpose of forming an opinion on European Earth observation data archiving policy. This report discusses the growing size and importance of EO data archives and presents the main conclusions of the workshop. The case is made for the establishment of a European centre for data archiving and users are urged to become more involved in archiving policy.     

Earth Observation Data Policy and Europe (EOPOLE)

A project has recently begun to review, coordinate and help formulate European Earth observation data policy. The project held its first of several workshops at University College London, 11–13 January 1999. The purpose of the first workshop was to conduct a review of the state-of-the-art in Earth observation data policy in Europe. All the EOPOLE team members gave presentations, and an extended discussion was held with Roy Gibson, former Director General of the European Space Agency, as the invited expert. This report describes the raison d'etre of EOPOLE and presents the main conclusions of the first workshop.     

Space activities in the Bolivarian Republic of Venezuela

This paper summarizes the establishment and current development of space activities in the Bolivarian Republic of Venezuela. Space activities in Venezuela are focused on the areas of telecommunications, Earth observation and research on the physical properties of the Earth, and have as a primary goal the satisfaction of social needs. Current development of space activities started in 1999 when the new National Constitution recognized the value of outer space as the common heritage of mankind, and the key role of science and technology in promoting human welfare. The Bolivarian Agency for Space Activities (ABAE) was created in 2007. Its legal framework recognizes three key elements that drive its policy: the participation of society, capacity building and human training, and international cooperation. Indeed ongoing international cooperation with partners such as China, India, Brazil and Uruguay has already expanded Venezuelan space capabilities, allowing the country to launch its first telecommunications satellite, Venesat-1 in 2008, to plan the infrastructure development for the design of small satellites, and to train 1195 local professionals in space science, technology and applications. Our analysis shows that Venezuela has the potential to become a space leadership country, promoting the social welfare, integration, and sustainable development of Latin American countries.     

European perspectives on trends in public sector Earth observation data policies

The growing number of Earth observation satellites are producing ever increasing amounts of data. These data sets require adequate management to be widely exploited and to ensure preservation of what is a valuable information resource. Many Earth observation organisations have formulated or are developing policies related to how data are managed and distributed which encompass issues such as property rights, access and price of the data, exclusive data use and data archiving. European Earth observation is gaining more prominence in these developing policy issues. This paper is a review, from a largely European perspective, of current Earth observation data policies in operation by various public sector international, regional and national organisations in both the data providing and data user sectors. It will be demonstrated that certain trends exist between the various data policies but that differences in position are present in some key areas which may need to be reconciled in order for the Earth observation sector to reach maturity.     

Supporting multilateral environmental agreement with satellite Earth observation

The purpose of this paper is to provide an overview of the potential contribution of satellite Earth observation (EO) to implementing and ensuring compliance with Multilateral Environmental Agreements (MEAs) from the institutional and legal point of view. EO has recently been recognized as an effective means to satisfy the demand for environmental information required by MEAs; however, actual usage of EO data in MEA implementation and compliance assurance has not yet made significant progress. While EO's legal and technical characteristics appear relevant to such applications, institutional linkage and technical reliability are still missing. Further efforts to promote EO data use for MEAs are needed through initiatives that link the EO system and data supplier with decision makers in the MEA community. The Japan Aerospace Exploration Agency's (JAXA) Kyoto and Carbon Initiative may be one example of such efforts. Recent movements, such as the Group on Earth Observation (GEO), could also provide an ideal focal point for coordinating and developing globally integrated EO and data utilization systems that could facilitate MEA implementation and compliance.     

Remote sensing in the information age

A large percentage of the public today perceives the majority of applications of Earth observation data from satellite and aircraft altitudes to be focused on the understanding and management of the renewable and non-renewable resources of the Earth and its environment. Originally conceived as a tool for gathering intelligence information, remote sensing has just fully emerged from its military womb to the public domain. Advances in the technology, a variety of indirect benefits that could be derived from space exploration, commercialization of remote sensing and the drive of the value-added companies - all of these hold promise for new opportunities for many other novel applications of Earth observation data and related information. In the advent of the more advanced, user-friendly, cost effective, and problem solving operations being championed by the private sector, particularly in the industrialized countries, it appears that the commercial future for remote sensing programmes and related information generated in the process is promising. This paper examines how the information age is influencing the metamorphosis of remote sensing technology particularly through international legal instruments and converging technologies. In spite of the progress attained to-date, of international concern is possible radio frequency interference between remote sensing satellite and communication satellite services. There is also a major knowledge gap between the providers of raw remote sensing data and the user community, particularly those interested in the new high-level information. A resolution of these issues will enhance the contributions of remote sensing to the information economy.     

Overcoming barriers to space travel

This viewpoint argues that the barriers preventing human expansion into space are not scientific but political and legal - an inability to secure funding; artificially high costs created by punitive insurance premiums and excessive bureaucracy; and uncertainty and disagreement about the extent and implications of legal regulation of space activities. Construction on Earth of a ‘metanation’ to oversee the governance of outer space is advocated as a possible solution.     

Global Monitoring for Environment and Security: data policy considerations

Data policy is an important element of the initiative on Global Monitoring for Environment and Security (GMES), which aims to establish a European capacity for the provision and use of operational information for monitoring and management of the environment and civil security by 2008. This paper documents the data policies of the variety of information providers likely to be involved in GMES, identifies the obstacles and draws conclusions on ways to improve data policy coherence. It addresses the main policy issues associated with Earth observation data, as well as with other types of environmental data.