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Earth Observation Data Policy In Europe: An Inventory Of Legal Aspects And Legal Issues, Frans Von Der Dunk
Earth Observation Data Policy In Europe: An Inventory Of Legal Aspects And Legal Issues, Frans Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The activities of Earth observation and further policy initiatives to deal with the data produced thereby raise fundamental questions as to how to use “law” as a policy tool, to stimulate them and/or curb their perceived negative effects. The crucial involvement of “outer space” in Earth observation causes special legal parameters to arise in this respect. Europe is one of the major players in this area, with various important international organizations involved in addition to a number of space powers, which makes it interesting in particular to deal with the situation in this part of the world. This chapter provides …
United Nations Principles On Remote Sensing And The User, Frans Von Der Dunk
United Nations Principles On Remote Sensing And The User, Frans Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
The United Nations Principles on Remote Sensing were adopted by consensus on 3 December 1986. They provide a set of non-binding yet agreed and politically relevant principles to guide the activities of remote sensing by the United Nations member states. The 15 principles are each examined in turn in this chapter.
This chapter deals with the Resolution on remote sensing and its impact on the user and user-relevant issues in an area involving a complex chain of activities with the resulting (legal) relations. While many types of users may be envisaged or are already active in the field, for the …
Non-Discriminatory Data Dissemination In Practice, Frans Von Der Dunk
Non-Discriminatory Data Dissemination In Practice, Frans Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
A key element of the UN Principles on Remote Sensing is the concept of “non-discriminatory access.” This chapter examines this concept in detail, through a general discussion and through illustrative examples where it is directly related to data policy issues, including ESA, EUMETSAT, and CEOS.
One of the major issues in the UN Principles discussed in Chapter 4 concerns the exact and authoritative interpretation and implementation of the central concept of Principle XII of the UN Resolution, namely the “access to [remote sensing data] on a non-discriminatory basis.” As noted in Chapter 4, “discrimination” essentially entails making distinctions between equal …
Intellectual Property Rights As A Policy Tool For Earth Observation Data In Europe, Frans G. Von Der Dunk
Intellectual Property Rights As A Policy Tool For Earth Observation Data In Europe, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
This chapter provides a contribution to analyze and evaluate the possibilities and obstacles of using intellectual property rights as a policy tool in the European Earth observation context. To this end, the generic concept of “intellectual property rights” will be discussed first. Secondly, such an analysis will then be applied to the legal particularities provided by Earth observation from space. Thirdly, a few international treaties on intellectual property rights will be discussed. Fourthly, the particular legal framework available in principle for any policies in Europe will be scrutinized, for example the specifics of the legal order having arisen within the …
Launching Alcantara Into The Global Space Economy - The 2001 Brazll..1an National Space Law The Continuing Story Of National Implementation Of International Responsibility And Liability, Part Ii, Frans G. Von Der Dunk
Launching Alcantara Into The Global Space Economy - The 2001 Brazll..1an National Space Law The Continuing Story Of National Implementation Of International Responsibility And Liability, Part Ii, Frans G. Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
1. Introduction-It is by now beyond doubt, that a major consequence of the Outer Space Treaty's Articles VI, VII and Vlll, of the Liability Convention and of the Registration Convention is the requirement for an increasing number of states to regulate private space activities by means of national legislation largely or exclusively dedicated to space and space activities. This is not the place to go into the details of these provisions, or even into the major uncertainties and the absence of clarity still surrounding some of the key concepts concerned. Much attention has been devoted to these issues by experts, …
Ukrainian National Space Law From An International Perspective, Frans G. Von Der Dunk, Sergei A. Negoda
Ukrainian National Space Law From An International Perspective, Frans G. Von Der Dunk, Sergei A. Negoda
Space, Cyber, and Telecommunications Law Program: Faculty Publications
As one of the three former Soviet republics engaged in space activities, the Ukraine has had to formulate new national space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonizing its legislation with that of its international political and economic partners and of creating clear guidelines for investors.This article presents the background to the formation of Ukrainian space law, describes some of the new laws enacted and discusses these within the context of international space law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the …