As for sensing, “[A]lthough it has been argued by some nations that prior consent for remote sensing of a State should be sought, such protestations have never adversely affected operational progress. Principle XIII of the Resolution mentions prior ‘consultation’ and not ‘prior consent’. It is formulated as follows: to promote and intensify international cooperation, especially with regard to the needs, of developing countries, a State carrying out remote sensing of the earth from space shall, upon request, enter into consultation with a State whose territory is sensed in order to make available opportunities for participation and enhance the mutual benefits to be derived therefrom. Consensus could not be reached regarding prior consultation, but it is clear, nonetheless, that a state considering that it is likely to be subjected to foreign remote sensing has a right, and without restriction, to request that consultations take place and that the requested State ‘shall’ enter into consultations with a State whose territory is sensed.”(19) Such inference represents some optimistic viewpoints but doesn’t stand adequate reasons for its feasibility. As Myers pointed out, “[T]he Third World States are faced with serious problems, primarily because they do not possess the technology and means to conduct remote sensing. They must rely on the developed States to provide the data and to assist in the analysis”(20) .
In light of the negotiating positions, such principles provided for may make no more sense but for any State in possession of ripe technology, whether it’s a developed country or a developing country. As exemplified, there has been a bright nova in the outer space undertaking in recent three decades, People’s Republic of China, since the Chinese first recoverable remote sensing was successfully launched and recovered in 1975 and China Remote Sensing Satellite Ground Station (RSGS) began operated functioning in 1986. China has made sufficiently rapid progress in spatial undertaking and become one of the leading countries in remote sensing technology, on the basis of which, China is substantially capable to participate in international cooperation with other foreign satellite management authorities, for example, in 1999, the China-Brazil Earth Resources Satellite 01 (CBERS 1) collectively explored and developed by both countries was successfully launched as the beginning of a satellite series(21) ; in 2003, China RSGS had concluded or continued implementing a series of international or regional agreements, including Landsat-5/7 with America USGS, Spot-1/2/4/5 and Envisat with France CNES and Spot Image, Radarsat-1 with Canada CSA and RSI, ERS-2 with ESRIN subsidiary to ESA, Envisat Data Reception with Norways Kongsberg Spacetec, attendance on India IRS Conf. etc. Considering the previous examples of U.S. and China, it’s obvious that available opportunities for equitable participation must not be lack of the reciprocal technical ability and negotiations.
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