INTERNATIONAL LAW AND OUTER SPACE ACTIVITIES

Transcription

1 INTERNATIONAL LAW AND OUTER SPACE ACTIVITIES

2 INTERNATIONAL LAW AND OUTER SPACE ACTIVITIES by OGUNSOLA O. OGUNBANWO Doctor of Laws, Candidate (LEYDEN); Master of Laws (MC GILL); DIPLOMA in International and Comparative Air Law (London, Institute of World Affairs); DIPLOMA in Air and Space Law (MC GILL); Barrister at Law (London, Member of the Inner Temple); former Commonwealth Scholar; former Research Scholar (Faculty of Law, MC GILL); Member of the Nigerian Delegation to the Fifteenth Assembly of the ICAO; Assistant (on co-ordination) to the United Nations Under- Secretary-General for Political and Security Council Affairs. MARTINUS NI]HOFF - THE HAGUE

3 ISBN on-/489-2 DOl 1O.1007/ S ISBN n-9212-S Martinus Nijhofl, The Hague, Netherlands All rights reserved, including the right to translate or to reproduce this book or parts thereof in any form

4 TABLE OF CONTENTS ACKNOWLEDGEMENTS PREFACE XI XIII CHAPTER I INTRODUCTION, PURPOSE AND SCOPE 1 PART I OUTER SPACE TREATY CHAPTER II SPACE LAW BEFORE THE SPACE TREATY I. Resolutions and Studies on Outer Space Preceding the Acceptance of the Space Treaty II A. United Nations Resolutions and Declarations on Outer Space II B. Legal Effect of United Nations Resolutions and Declarations 17 C. Studies on Outer Space Preceding the Space Treaty 21 I. Institut de Droit International The David Davies Memorial Institute of International Studies The International Law Association General International Law and the United Nations Charter Freedom of Passage of Satellites Interpretation of the term "Peaceful Uses" Rules relating to Frequency Allocations The Test Ban Treaty Agreements about Commercial Satellite Communications 35 A. Introduction 35 B. Definitive INTELSAT 36 I. Preparatory work leading to the Definitive INTELSAT Analysis of the Definitive INTELSAT arrangements 37 a. Aims (37); b. Membership (38); c. Scope of activities (39); d. Legal personality (42); e. Structure of definitive INTELSAT (42). (i) Assembly of Parties (42). (ii) Meeting of Signatories (43). (iii) Board of Governors (44). (iv) Executive Organ (45). II

5 VI TABLE OF CONTENTS (a) Transitional Arrangements (45), (b) Director General (46); F. Settlement of Disputes (46) C. INTERSPUTNIK 47 D. INTELSAT and INTERSPUTNIK Compared Other Agreements 48 CHAPTER III DEFINITION OF OUTER SPACE Evolution of the problem of definition of outer space in the United Nations Interpretation of "outer space", "celestial bodies" and "outer space object" as used in the Space Treaty 59 CHAPTER IV OUTER SPACE IS THE PROVINCE OF MANKIND For the benefit of all countries Freedom of "exploration" and "utilization" of outer space A. Principles of law enunciated by the Space Treaty B. Proposals regarding the legal regulation of the uses of the Moon Irrespective of their degree of economic or scientific development "Province of mankind" "Free access to all areas of celestial bodies" Freedom of scientific investigation 76 CHAPTER V JURISDICTION OVER OUTER SPACE Principle of non-appropriation Ownership rights Nationality of spacecraft Registration 82 CHAPTER VI ARMS CONTROL AND THE SPACE TREATY 91 I. Introduction "No Bomb in Orbit" provision Effect of Space Treaty on Construction of the MOL and the FOBS Proposal of Italy for the amendment of Article IV of the Space Treaty Concluding appraisal of Article IV of the Space Treaty Outer Space Treaty and Treaty of Arms Control of the Sea- Bed compared 101

6 TABLE OF CONTENTS VII CHAPTER VII VERIFICATION PROVISION Introduction "On a basis of reciprocity" "Reasonable advance notice", and "Appropriate consultation" 105 CHAPTER VIII TREATY PROVISIONS ON SAFETY, TRACKING FACILITIES AND EXCHANGE OF INFORMATION Provisions bearing on safety Tracking Facilities Exchange of Information 110 CHAPTER IX FINAL CLAUSES Signature, Ratification, etc Amendment Withdrawal Authenticity of Language Texts Procedure for settlement of disputes 121 PART II ASSISTANCE AND RETURN AGREEMENT CHAPTER X ASSISTANCE AND RETURN OF ASTRONAUTS AND THE RETURN OF OBJECTS LAUNCHED INTO OUTER SPACE General principles enunciated by the Space Treaty Agreement on the Rescue of Astronauts, the return of Astronauts and the return of Objects launched into outer space 126 A. Introduction 126 B. Analysis of Agreement 129 (i) Articles 1-4: Provisions relating to Notification, Search and Rescue, Assistance and Return of the Personnel of a spacecraft 129 (ii) Article 5: Recovery and Return of Space Objects 135 (iii) Article 6: Definition of "Launching Authority" 138 (iv) Article 7 (I) - the "All States" clause 138 (v) Article 7 (3) - entry into force 139 (vi) Other clauses 140

7 VIII TABLE OF CONTENTS PART III LIABILITY FOR DAMAGES AND THE RESPONSIBILITY OF STATES AND INTERNATIONAL ORGANIZATIONS CHAPTER XI LIABILITY FOR DAMAGES AND RESPONSIBILITY OF STATES AND INTERNATIONAL ORGANIZATIONS 143 I. Principles enunciated by the Space Treaty 143 a. Liability for damages 143 b. Responsibility of States and International Organizations Draft Convention on International liability for damage caused by space objects (Title, Preamble and Thirteen Articles, as approved by the Legal Sub-Committee at its Ninth Session, 1970) 147 a. Introduction 147 b. General contents of the draft Convention 152 (i) Scope of liability 152 (ii) Basis of liability 154 (iii) The person liable 157 (iv) Joint and several liability 157 (v) Presentation of claims 161 (vi) Time-limit for presentation of claims 162 (vii) Form of compensation 163 (viii) Pursuit of remedies available in the respondent State or under other international agreements 163 (ix) Procedure for presentation of claims 163 (x) Note on reservations 164 c. Positions of some delegations on the twin outstanding issues - applicable law and settlement of claims 164 (I) The Ninth Session (June/July 1970) of the Legal Sub-Committee 164 (2) The 13th Session (September 1970) of the Committee on the Peaceful Uses of Outer Space Convention on International Liability for Damage caused by Space Objects (Final text approved by the Legal Sub-Committee at its 166th Meeting on 29 June 1971) 168 I. Introduction Comparative analysis of the Draft Convention on International Liability as finally approved on 29 June 1971 by the Legal Sub Committee and the texts previously approved at its ninth session 169 A. Articles I-VII 16g B. Article VIII 170 C. Articles IX, x. XI. XIII 170 D. The twin outstanding issues - Applicable law (Article XII). Settlement of Claims (Articles XIV-XX) 170 a. Applicable law 171

8 TABLE OF CONTENTS IX b. Settlement of claims 171 (i) Establishment of the Claims Commission 171 (ii) Composition and procedure of the Claims Commission 172 (iii) Functions of the Claims Commission 172 (iv) Decisions and awards 172 (v) Expenses of the Claims Commission 173 c. Views and reservations expressed by delegations on the provisions relating to applicable law and settlement of claims 173 d. Canadian amendment 175 e. Short note on reservations to Multilateral treaties 176 E. Article XXI 176 F. Application of the Convention to International Intergovernmental Organizations (Art. XXII) 177 G. Miscellaneous Action of the General Assembly on 29 November CHAPTER XII EXAMPLES OF THE "UTILIZATION" OF OUTER SPACE (SPACE ApPLICATIONS) 181 A. Direct Broadcasting Satellites 181 B. Earth Resources Survey Satellites 188 C. The United Nations and Space Applications in general 195 i. The uses to which satellites are being put and the benefits arising therefrom 195 ii. United Nations Activities in General 197 I. The role of the Outer Space Affairs Division United Nations Conference on the Peaceful Uses of Outer Space Proposals of India Appointment of an Expert on Space Applications (Outer Space Affairs Division) 200 iii. United Nations Specialized Agencies 203 I. WMO ITU UNESCO 203 CHAPTER XIII TRENDS IN INTERNATIONAL CO-OPERATION 205 CHAPTER XIV CONCLUDING REMARKS 210 ApPENDICES A. Treaty Governing the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies 219 B. Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space 226 C. Text of Resolution 1I0 (II) of 3 November D. Declaration of Legal Principles Governing the Activities of

9 x TABLE OF CONTENTS States in the Exploration and Use of Outer Space 232 E. Text of G.A. Resolution 1884 (XVIII) of 17 October F. Text of G.A. Resolution 1721 (XVI) of 20 December G. Convention on Registration of objects launched into outer space 239 H. Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water. Signed in Moscow, on 5 August Draft Convention on International Liability for Damage Caused by Space Objects (Title, Preamble and Thirteen Articles, as approved by the Legal Sub-Committee at its Ninth Session. 1970) 248 J. Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea- Bed and the Ocean Floor and in the Subsoil thereof 252 K. Resolution adopted by the General Assembly, including the final text of the Convention on International Liability for Dac mage caused by space objects 257 SELECTED BIBLIOGRAPHY 266 INDEX 270

10 ACKNOWLEDGEMENTS This Thesis could not have been completed without the kind assistance of many people. It would therefore be ungracious to present the Thesis to Leyden University without a reference to the encouragement which the writer has received from Professor D. Goedhuis. Professor Goedhuis has a special claim to expertise on the International Law of outer space. He is one of the leading pioneer writers on Air and Space Law. He is the Chairman of the Space Law Committee of the International Law Association, and the Professor of Air and Space Law at Leyden University. It is a privilege for me to be able to write this Thesis under his able guidance. His help in reading and commenting on my Thesis has resulted in improvement both in exposition and substance. For this, the writer wishes to express his warm appreciation to Professor Goedhuis and Professor Maas of Leyden University. While he is grateful to both Professors Goedhuis, Maas and Kapteyn, the writer should however dissociate them from any responsibility for the text of the Thesis. In writing this Thesis, the writer has paid attention to the present state of the Law, including the various activities of the United Nations. The writer has also added his personal opinions when they are necessary for the understanding of the events concerned. The views and conclusions put forward in this Thesis are the responsibility of the writer and do not represent the official positions by or on behalf of the United Nations. Finally, I am grateful to Mary Bradley for agreeing to type the Thesis. United Nations New York July I975 Ogunsola O. Ogunbanwo

11 PREFACE Space exploration is a development which began with the launching of the first artificial satellite in Since then an incredible progress has been made, leading to the landing of man on the moon. A quick look at the number of launchings which have been registered with the United Nations will show the influence of space science and technology on human endeavours. For example, satellites can be used for communication, weather forecasting, education, and remote sensing of the resources of the Earth. The United Nations Committee on the Peaceful Uses of Outer Space is the focal point of international co-operation in space activities. The Committee regulates these activities through its Legal Sub-Committee. The setting up of the Committee was preceded by an Ad Hoc Committee which was established on 31 December The initial difficulty which confronted the Ad Hoc Committee was the issue of its membership. The USSR, Czechoslovakia and Poland decided not to participate in its work because they were dissatisfied with the composition of the Ad Hoc Committee. Later, both the UAR and India also decided not to participate in its work. Although the Ad Hoc Committee succeeded in producing a report in 1959 (UN document A/4141), the progress of work of the Main Committee was in limbo for a while. It was not until 1961 that the disagreements were resolved. The Committee conducts its business without voting - the Chairman simply states the consensus of views which have been expressed. Space law is a rapidly expanding branch of International law. The Space Treaty, the Assistance and Return Agreement, and the Convention on International Liability for Space Damage are examples of the extra-terrestrial application of international treaty law to outer space and celestial bodies. With the increase in outer space treaties it will be useful to examine briefly the contribution of space law to the development of International law, e.g. traditional modes of acquisition of

12 XIV PREFACE territory; the capacity of International Organizations; State jurisdiction; definition of outer space; the term "res communes"; military uses of outer space and celestial bodies; international legal implications of satellite communications; international legal aspects of the applications of space science and technology to national development and the rules relating to the resources of the Moon. Among the traditional means of acquiring territory in international law are discovery and occupation. Before the Space Treaty, scholars and statesmen argued about the rules of law which should apply in the new frontier. They asked such questions as whether it was sufficient for the navigators of the new frontier to make initial discovery, plant an emblem and then embark on physical possession? Or whether it was necessary that there be an effective occupation in order to acquire dominion over the newly found frontier? By virtue of the Space Treaty, States Parties have renounced any claim of appropriation or sovereignty over outer space and celestial bodies. The Space Treaty has therefore modified the traditional rules of acquisition of title to territory as applied on Earth. Apart from the Space Treaty, other factors are contributing to the drying-up of some of the traditional modes of acquisition. The decolonization movement and the establishment of self-determination as a legal principle, culminating in the establishment of sovereign equal States throughout most of the world, will result in the drying up of such modes of acquisition as discovery and occupation of overseas territories.1 Another area where Space law has made an impact is on the international personality of international organizations. International organizations are subjects of international law only to the extent that they need that status to carry out their work. 2 Such personality is indispensable with regard to such organizations in order that they may carry out their work. Therefore in order to determine the purposes and 1 Ref. (a) the Declaration on the Granting of Independence to Colonial Countries and Peoples (resolution 1514 (xv) of 14 December 1960, which includes inter alia: "2. All peoples have the right to self-determination." (b) Declaration of Principles of Friendly Relations, adopted by the General Assembly in resolution 2625 (xxv) of 24 October 1970 which reads in part: "The territory of a colony or other non-self-governing Territory has, under the Charter, a status separate and distinct from the Territory of the State administering it;... " This principle means that such a territory enjoys international status even before the exercise of the right of self-determination, e.g. Namibia. I All the space treaties so far recognize and affirm the concept of the personality of international intergovernmental organizations which conduct space activities.

13 PREFACE xv functions of such organizations, reference will have to be made to their constituent documents.3 Furthermore, under certain conditions, the space treaties conferred rights and obligations on intergovernmental organizations which conduct space activities provided that such organizations "declare their acceptance" of the rights and obligations provided for in the space treaties. Consistent with this situation, the space treaties have also granted to such organizations the capacity to espouse claims. With regard to state jurisdiction, the Space Treaty does not allow the exercise of state sovereignty beyond the lowest effective orbiting altitude.4 This statement is subject to several qualifications. First, there is no definition of outer space and second, States still have jurisdiction over their own spacecraft or space objects including the personnel, and occurrences in the spacecraft, e.g. crimes on board spacecraft. Before a launching State can exercise such a quasi-territorial jurisdiction, it must be the State of registry and the spacecraft must have been registered. The jusrisdiction extends not only to personnel who are nationals of the State of registry but also to foreign personnel. This in effect means that another State could not claim personal jurisdiction in respect of its own nationals. The quasi-territorial jurisdiction of the State of registry applies to the personnel while on board the spacecraft and also while outside the spacecraft. Where there are joint launchings, only the launching State which is the State of registry will exercise the quasi-territorial jurisdiction. The Space Treaty as it stands, does not contain provisions on persons other than the personnel of the spacecraft. It can be presumed that the Space Treaty will grant to the State of registry quasi-territorial jurisdiction over such persons in the interest of maintaining order in outer space and celestial bodies. Dr. Csabafi in a recent publications has suggested another concept of jurisdiction, i.e. "functional jurisdiction". Dr. Csabafi defined "functional jurisdiction" as "the right of a State in international law to regulate rights of persons, to affect property, things, events, and occurrences in designated zones in outer space or areas on celestial bodies, whether by legislative, executive or juridical measure to the extent and for the period of time that is necessary to safeguard and secure its right 3 These functions may be specified or implied in the Constitution. 4 State jurisdiction in intemationallaw has been classified under the following headings: territorial jurisdiction; quasi-territorial jurisdiction; personal jurisdiction, and universality principle. 5 Csabafi, The Concept of State Jurisdiction in International Space Law. Foreword by Professor Goedhuis (Nijhoff, The Hague, z97z).

14 XVI PREFACE to explore and exploit outer space including celestial bodies."6 Caution must be exercised in trying to create zones in outer space and celestial bodies. It is true that in Air Law and maritime law, "zones of responsibility" and "air defence identification zones" had been created in the airspace over the high seas. Yet there is a danger in rigidly assimilating the treatment accorded to shipping and aircraft to outer space activities. Obviously, outer space, being a new area of human activity, will create its own special problems. Indeed, if such zones were allowed, then the principle of reciprocity will have to be applied in respect of other states that may later wish to establish such zones in outer space and celestial bodies. The result will be a jungle of zones. Above all, designation of zones could be in conflict with Article II of the Space Treaty - by virtue of which outer space and celestial bodies are not susceptible to appropriation by States. Space law too has contributed to the international law of arms control. With regard to celestial bodies, it is unfortunate that the word "Moon" is omitted from certain parts of Article IV of the Space Treaty. However, as explained later in this Thesis, when the term outer space is used by itself in the Space Treaty it should be interpreted "sensu lato", i.e. including all celestial bodies and the term "celestial bodies" used by themselves should be interpreted so as to include the Moon. As the Moon constitutes the only celestial body which could be used for establishing military bases, etc. an interpretation of Article IV of the Space Treaty which excludes the Moon from prohibition of establishing such bases, would be unreasonable. Besides, such an interpretation would be contrary to the general rule of interpretation laid down in Article 31 of the 1969 Vienna Convention on the Law of Treaties. Finally, "Peaceful purposes" as used in Article IV of the Space Treaty should be interpreted as "non-military". 7 Also relevant to the consideration of arms control in outer space and the Moon, is the right of self-defence in international law (International 6 Ibid., p Further consideration of this question could be found below under (I) ch. II. 4 - Interpretation of the term "Peaceful uses"; (2) ch. VI - Arms Control and the Space Treaty. For inconsistencies in the text of the Space Treaty, see Goedhuis, "An evaluation of the leading principles of the Treaty on Outer Space of 27 January 1967", pp , Netherlands International Law Review (1968). Note also that both Ceylon and Pakistan were perplexed by the omission of any reference to the Moon and outer space in the second paragraph and the omission of reference to the Moon in the first paragraph of Article IV of the Space Treaty (A/C. I/PV.1493, pg. 28). Ref. also late President Johnson's 1967 statement in which he referred to the Space Treaty as having prohibited the use of the Moon for military purposes in general (mentioned by Goedhuis at pg. 218 of Bos (ed), The Present State oj International Law, Centenary Volume oj the International Law Association, 1973.

15 PREFACE XVII law applies by virtue of Article III of the Space Treaty). However, there are still controversies among scholars as to what is meant by "in case of armed attack" as used in Article 5I of the United Nations Charter. In the space age, and in view of the potentialities of the use of outer space for military activities, it could be reasonably concluded that the placing of nuclear weapons or weapons of mass destruction in outer space in breach of the Space Treaty amounts to the beginning of the process of armed attack. "'Weapons of mass destruction" have not been described in the Space Treaty.8 The next question is who determines whether military activities are contrary to the Space Treaty. Apart from the roles of international law and the United Nations Security Council, the author feels that it is a pity that the Space Treaty, which contains important arms control measures, does not contain adequate procedure for settlement of disputes.9 Moreover, there are no adequate procedures for the verification of stations, installations, etc. on the Moon. The verification procedure under the Space Treaty is fragile since it is qualified by such terms as "on a basis of reciprocity", "reasonable advance notice" and "consultations". In the disarmament field, among the problems which have confronted the United States and the Soviet Union in the SALT talks in Helsinki was the lack of agreement on on-site inspection or verification. With regard to the definition of outer space, the Space Treaty gave an indication concerning the instrumentalities being used to explore outer space. By virtue of certain provisions, the Space Treaty seemed to have laid down a principle that a spacecraft in orbit around the Earth or beyond, is in outer space. This assertion has led to the conclusion that the functional approach could be adopted in the matter of defining outer space. Furthermore, under customary international law, outer space is res communes while celestial bodies are res nullius. By virtue of the Space Treaty celestial bodies are to be regarded as res communes - being free for exploration and use by all mankind. Satellite communication including satellite broadcasting are the results of recent technological developments. International legal implications of satellite communication represent a new dimension in international law. Applicable laws and principles relate to international law and the United Nations Charter, the Outer Space Treaty and the relevant provisions of the International Telecommunications Conven- 8 However, we have provided below information on the activities of the United Nations on the banning and destruction of such weapons. 9 See below for suggested procedures for pacific settlement of disputes.

16 XVIII PREFACE tion and the Radio Regulations. The main principles of international telecommunication law concern, inter alia, the international allocation of frequencies, international notification and registration of frequency use, prohibition against harmful interference. Other principles are derived from the definitive arrangements establishing the INTELSAT and INTERSPUTNIK. The Working Group on Direct Broadcast Satellites (established by the United Nations Outer Space Committee) has made recommendations regarding legal rules to regulate satellite broadcasting including the content of satellite broadcasts. These questions are also under study within UNESCO, WIPO (World Intellectual Property Organization) and the International Broadcasting Institute (IBI). The Space Treaty is being complemented with special agreements on particular subjects, e.g. Assistance and Return Agreement; the Convention on International Liability for damage caused by Space Objects; the Convention on Registration of objects launched into outer space. The principles of international law embodied in the Space Treaty constitute the framework for the international regulation of all space activities. It is expected that in the future the Space Treaty will be complemented by international agreements relating to direct broadcast satellites, application of remote sensing techniques to Earth resources, world weather forecast, and resources of the Moon. It is conceivable that the United Nations (including the specialized agencies) and its Committee on the Peaceful Uses of Outer Space may place emphasis in the future on activities relating to the application of space science and technology to national development (also called "space applications"). Many complex problems must, however, be solved before international co-operation in this field can be fully applied for the benefit of all countries, especially the developing countries, and how these problems are resolved will depend on the type of co-operation required. There can be no question about the fact that satellite programmes provide a wonderful opportunity to bring the nations of the world closer together. Our concern here therefore is mainly to make suggestions which may theoretically be envisaged and which may be applied with regard to space applications for the benefit of the developing countries. It is necessary for Governments to create effective machinery for policy making and planning for space applications. In this connexion, it is gratifying to note that some Governments have established points of contact in accordance with the recommendations of the Outer Space Committee. Inter alia, the points of contact will (a) ensure that nations

17 PREFACE XIX not advanced in space research, including particularly the developing countries, take full advantage of various applications of space technology which may have potential value for their needs, and (b) will co-ordinate the flow of information between the international community and those elements within the Governments of Member States who are best able to evaluate the pertinence of the information to the Government's needs and progress. Developing countries stand to gain if the international community could establish adequate means of collecting and disseminating information. Equally important is the form which the information takes, e.g. literature written in non-technical language. As we move toward full use of satellites for scientific and educational data transmission, it is important that we establish the needs for the exchange of data, the locations for the data, the forms in which it must be packaged in order to be useful How can the United Nations contribute to the growth toward international data exchange? The United Nations can contribute, (a) by helping to share with the developing countries what is being found out about information technology and dissemination; (b) by facilitating the planning for truly international space data system. International information exchange will undoubtedly become a very large activity. It may be that the Outer Space Affairs Division of the United Nations will have to be expanded in order to handle it. Other means of transferring technology are through conferences, symposia, and panel meetings. The Vienna Outer Space Conference of 1968 was successful in that it provided a great opportunity for the world at large to share the knowledge of the practical benefits to be derived from space science and technology. Such a large-scale Conference should be called as the need arises. The United Nations has begun the organization of technical panels which are open to all Member States of the United Nations. But the utility of these panel meetings will be curtailed if a large portion of the developing countries are not able to attend for reasons beyond their control The United Nations might consider allocating some funds for the participation of developing countries. This method has been used recently to stimulate participation by developing countries in the United Nations Conference on the Human Environment. The space powers which are carrying out space programmes have trained their own personnel There is nothing comparable to this in the developing countries. However, during the coming years, these coun-

18 xx PREFACE tries will be affected by space activities and many of them will doubtless wish to participate in such activities. They will therefore have to face the problem of training their own personnel. It is necessary to determine the training problems which space applications will create for these countries. As it is at the moment, scientists and technicians from the developing countries can only be trained outside their home countries, either under bilateral co-operative agreements or under the multilateral arrangements provided by the United Nations. On an experimental basis, attention may be paid to the establishment of a communication satellite centre for education in Africa similar to the Ahmedabad Experimental Satellite Communication Earth Station in India. The centre can then provide training to African engineers, scientists and technicians in all phases of the design, construction, operation and maintenance of a communication satellite earth station, and in the technology of communication satellite systems. The subjectmatter of such a centre could be widened as required. It is suggested that a regional approach may be necessary if activities in space applications are to be relevant to development requirements in the developing countries. Indeed, some developing countries are worried about the financial implications of space applications programmes and have suggested the regional approach. By using the term "regional approach", we are not excluding bilateral arrangements. Indeed, a bilateral arrangement could exist between an advanced country and the region or subregion concerned. Developing countries cannot afford to conduct their activities in space applications independently, each relying on its own resources. Combining the efforts of several countries to solve problems of common interest may be the only solution to the situation. But how to achieve such a bilateral or multilateral or regional co-operation in space applications is by no means an easy problem. Let us consider for example the African region. One could point to the subregion of Africa and in particular, the East African community which finances twelve research institutes performing work of common interest to the members of the community (Kenya, Tanzania, Uganda). Such a subregion could be used for the purposes of space application. Other neighbouring African States, e.g. within the following subregions - West Africa, North Africa and Central Africa - could be used to advance the aims of the subregional approach to space applications. The Executive Secretary of ECA once said in a paper presented to the Advisory Committee on the Application of Science and Technology to Development: "One central lesson that has

19 PREFACE XXI been learned is that the problems of development have to be studied within the socio-economic context in which they occur. The viewpoint of ECA is basically regional, but this implies that the Commission also has to look at Africa from a subregional, i.e. multinational - and even from a national - perspective."lo The needs of the African region are so great and the region itself geographically so vast that a subregional approach seems better suited to secure rapid action towards development. A subregional approach, furthermore, facilitates a better co-ordination of activities and a better integrated development within the balanced framework for the continent as a whole. 10 E/AC.S2/L.63, note by the Executive Secretary of ECA.