Usage of satellites for the Earth remote sensing: legal problems and prospects

The subject of the study incorporates the problems and prospects of remote sensing of the Earth, an analysis of the effectiveness of the international legal framework in this area is given in the article.General and special methods of legal analysis were used.The main results of the research include...

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Main Authors: M. N. Lysenko, P. N. Lozhkovoi
Format: Article
Language:Russian
Published: Dostoevsky Omsk State University 2022-09-01
Series:Pravoprimenenie
Subjects:
Online Access:https://enforcement.omsu.ru/jour/article/view/676
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author M. N. Lysenko
P. N. Lozhkovoi
author_facet M. N. Lysenko
P. N. Lozhkovoi
author_sort M. N. Lysenko
collection DOAJ
description The subject of the study incorporates the problems and prospects of remote sensing of the Earth, an analysis of the effectiveness of the international legal framework in this area is given in the article.General and special methods of legal analysis were used.The main results of the research include the proof that from a technical point of view, the definition and concept of remote sensing do not cause disagreement among professionals, but it was not possible to achieve consensus on the international legal status of remote sensing. It is not in the main sources of international space law. The Principles of Remote Sensing of 1986 are imperfect and outdated in many respects, although they remain the only universal international document regulating remote sensing, and have not been challenged for more than 30 years. A balance has been established between the interests of states on the main controversial issues, such as the relationship between freedom of space monitoring, state sovereignty and access to remote sensing data.The results are practically significant, as they can serve as the basis for new normative legal acts at the international level, in the long term it is important to further expand cooperation in the field of remote sensing within the UN and other international organizations, conclude regional and bilateral agreements and develop national legislation.The conclusion of the study is that the formation of the legal framework for remote sensing occurs by integrating the norms of "soft laws" into national laws, fixing them in international treaties and, as a consequence, the emergence of norms of customary law and norms of international law.
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spelling doaj.art-c49472ba83af4d718848fd4772027f392023-03-13T09:40:22ZrusDostoevsky Omsk State UniversityPravoprimenenie2542-15142022-09-016314716010.52468/2542-1514.2022.6(3).147-160404Usage of satellites for the Earth remote sensing: legal problems and prospectsM. N. Lysenko0P. N. Lozhkovoi1MGIMO UniversityMGIMO UniversityThe subject of the study incorporates the problems and prospects of remote sensing of the Earth, an analysis of the effectiveness of the international legal framework in this area is given in the article.General and special methods of legal analysis were used.The main results of the research include the proof that from a technical point of view, the definition and concept of remote sensing do not cause disagreement among professionals, but it was not possible to achieve consensus on the international legal status of remote sensing. It is not in the main sources of international space law. The Principles of Remote Sensing of 1986 are imperfect and outdated in many respects, although they remain the only universal international document regulating remote sensing, and have not been challenged for more than 30 years. A balance has been established between the interests of states on the main controversial issues, such as the relationship between freedom of space monitoring, state sovereignty and access to remote sensing data.The results are practically significant, as they can serve as the basis for new normative legal acts at the international level, in the long term it is important to further expand cooperation in the field of remote sensing within the UN and other international organizations, conclude regional and bilateral agreements and develop national legislation.The conclusion of the study is that the formation of the legal framework for remote sensing occurs by integrating the norms of "soft laws" into national laws, fixing them in international treaties and, as a consequence, the emergence of norms of customary law and norms of international law.https://enforcement.omsu.ru/jour/article/view/676remote sensing of the earthprinciples of remote sensingspace monitoringintergovernmental agreements
spellingShingle M. N. Lysenko
P. N. Lozhkovoi
Usage of satellites for the Earth remote sensing: legal problems and prospects
Pravoprimenenie
remote sensing of the earth
principles of remote sensing
space monitoring
intergovernmental agreements
title Usage of satellites for the Earth remote sensing: legal problems and prospects
title_full Usage of satellites for the Earth remote sensing: legal problems and prospects
title_fullStr Usage of satellites for the Earth remote sensing: legal problems and prospects
title_full_unstemmed Usage of satellites for the Earth remote sensing: legal problems and prospects
title_short Usage of satellites for the Earth remote sensing: legal problems and prospects
title_sort usage of satellites for the earth remote sensing legal problems and prospects
topic remote sensing of the earth
principles of remote sensing
space monitoring
intergovernmental agreements
url https://enforcement.omsu.ru/jour/article/view/676
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AT pnlozhkovoi usageofsatellitesfortheearthremotesensinglegalproblemsandprospects