Advanced Space Law (Jul 2024)
Legal Nature of Remote Sensing of the Earth from Space
Abstract
To ensure the proper functioning of Ukraine as a space nation, one of the important factors is the development of domestic legal opinion and legislation on the outlined issue. And if the topic of the formation of space law in Ukraine appears to be more researched, then its direction, such as remote sensing of the Earth from space, requires a more detailed legal analysis and legislative regulation. Evidence of this is the draft Law of Ukraine “On State Regulation in the Field of Earth Remote Sensing,” proposed in 2014, which has not yet been adopted, although its adoption is part of Ukraine’s obligations under the UkraineEU Association Agreement. In such a case, the issue of researching the legal basis of remote sensing of the Earth from space becomes relevant, where the legal nature of this phenomenon is of primary importance.In the course of the conducted scientific research, the following legal features of remote sensing of the Earth from space were proposed: 1) it is a type of information collection based on the method of observation, which is part of such a management function as monitoring; 2) it is the activity on special space systems or their separate elements operation, as well as the accumulation, processing, integration and distribution of relevant data about the Earth; 3) it is a set of space and informational means that are functionally and organizationally interconnected and ensure proper remote sensing of the Earth from space; 4) the main technical means of remote sensing of the Earth are: radars, lidars, laser altimeters, spectrometers, radiometers, accelerometers, rangefinders, echo sounders, scatter meters, etc.; 5) it is a set of legal relations, the object of which is information necessary for the development of many spheres of human activity: meteorology, ecology, nature management, seismology, prevention of emergency situations of natural and man-made origin, agroforestry improvement activities, in the field of security and defense of the country, etc. The subjects of such legal relations are defined as operators, primary subjects of service provision, secondary subjects of service provision, consumers, as well as a set of authorized controlling authorities. The reasons for the emergence of such legal relations, to which the author includes international and domestic normative acts dedicated to the legal regulation of remote sensing of the Earth, are also revealed; 6) it is a comprehensive institution of space law; 7) is an interdisciplinary science that combines scientific developments in the specifics of space meteorology, geodesy, geology, hydrology, oceanology, earth science, etc.
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