Abstract
AbstractThis paper addresses the issue concerning state’s control over the activities of remote sensing (RS) satellites that can surveil its territory, as well as other states territories, and also able to disseminate confidential information, which could jeopardize the state’s national security and foreign policy. The author proposes that Indonesia should assert its right to control the activities of RS satellites as other countries do through ‘shutter control’ regulations. The author also examines several approaches that could be used to determine the allowed RS satellite activities, as well as other countries practices that might help to formulate new norms concerning space-based activities.IntisariTulisan ini membahas isu kendali negara atas aktivitas satelit penginderaan jarak jauh, berdasarkan masalah kemampuan satelit penginderaan jarak jauh untuk pengamatan atas wilayah nasional negara asalnya juga negara-negara lain, menyebarkan informasi yang bersifat rahasia yang berbahaya bagi keamanan nasional dan kebijakan internasional negara tersebut. Penulis menyarankan agar Indonesia menyuarakan hak mengendalikan aktivitas satelit penginderaan jarak jauh sebagaimana dilakukan negara-negara melalui regulasi ‘kendali bidik’. Tulisan ini pun menganalisa pendekatan yang bisa digunakan untuk menentukan aktivitas satelit penginderaan jarak jauh yang diperbolehkan dan praktek negara-negara dapat membantu pembentukan norma baru dalam aktivitas luar angkasa.
Highlights
This paper addresses the issue concerning state’s control over the activities of remote sensing (RS) satellites that can surveil its territory, as well as other states territories, and able to disseminate confidential information, which could jeopardize the state’s national security and foreign policy
No one is allowed to enter it without its permission ... the world resembles a series of immense airtight petroleum storage tanks representing the various national States with their threedimensional sovereignty ... the arrival of the space age was as if the lid on the tank was suddenly ripped off
Shutter control is a form of control or oversight through which a state limits or disables the ability of its firms to provide imagery at high-resolution, or to hamper the distribution of data acquired from foreign satellites within its territory if it harms the state’s national security or international relation
Summary
Going back to the core principles of space law concerning non-appropriation and freedom of exploitation, there is only one way available and currently practiced by several states as their safeguard measure, which is an image-taking restriction placed on the satellite and data operators for national security or foreign policy reasons by the state of registration. Shutter control is a form of control or oversight through which a state limits or disables the ability of its firms to provide imagery at high-resolution (in comparison with images from other commercial sources), or to hamper the distribution of data acquired from foreign satellites within its territory if it harms the state’s national security or international relation. Observing that states are creating their own national remote sensing laws to regulate non-governmental and public-private remote sensing operations, and an increasing number of restrictions to access and distribution of remote sensing data, it is possible for ‘shutter control’ to become customary international law.
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