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外层空间遥感法律制度浅析

  Additionally, the same as foregoing cases, to provide an added protection for the sensed state, Principle IV adds that remote sensing activities must be conducted with respect to all States'' permanent sovereignty over its wealth and natural resources, and may not be conducted in such a manner detrimental to the legitimate rights of the sensed State(6) , even though the issue of sovereignty of sates over their own natural resources, including information derived from remote sensing regarding such resources had been one of the most bothersome issues for many years during the drafting process and has served as a stumbling block to achieving consensus(7) , which will be discussed hereinafter. Besides, “[A]n associated principle, lacking expectations of future controversiality, is the principle that a State carrying out remote sensing programs is to inform the U.N. Secretary-General in accordance with Article IV of the Registration Convention and Article XI of the Outer Space Treaty”(8) ; “Also, the principle relating to the promotion of the protection of the Earth’s environment and disclosure of information that is capable of averting any phenomenon harmful to such environment as well as the principle applicable to the promotion of the protection of mankind from natural disasters and the transmittal of relevant information to affected States.”(9) (10)  Hence, the UN Principles also make it clear that the protection of the earth''s environment and the protection of mankind from natural disasters are of extreme importance.
  In contrast to those foregoing principles, there are plenty of possible areas where differences of interpretation may arise. First of all, the UN Principles apply only to "natural resources management, land use, and the protection of the environment,"(11) media, meteorological and military applications are supposed not included(12) .Thus it is conceivable that news organizations may disregard the entire Principles if strictly interpreted from a literal standpoint. And also, the Principles do not apply to military reconnaissance or surveillance. Such kind of identification in narrow sense was contributed to those sufficiently broad terms in the context of the Principles, in avoidance of failure to achieve unanimity on a set of other civilian activities. In fact, in utmost circumstances, unanimity plays a role no more than adoption by negative consensus without majority votes(13) . This is just the beauty of a UN resolution with toleration on deliberations permeated through, rather than an international convention, which may not be traced to opposed positions. As mentioned hereinbefore, despite the great influence by developing countries and their combinations such as “Group 77”, the developed countries especially the Western powers’ endeavor of trying not to conclude a treaty was even more significant. “One championed by the United States and many western nations regarded the freedom of acquiring and imparting information as a fundamental human right whereas developing nations and the Soviet-led socialist countries predicted their case as their inalienable right to dispose of their natural resources and of information concerning such resources.”(14) 


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