1. For an early consideration of the problem of space communications in general, see Pépin, E., “Legal Problems Created by the Sputnik”, in Legal Problems of Space Exploration, A Symposium, Washington, 1961, p. 182 ff.Google Scholar; Busak, J., “Radio Communications in Outer Space”Google Scholar, ibid., p. 1127 ff. For direct TV broadcast satellites see Poulantzas, N.M., “Direct Satellite Telecommunications: Recent Legal Developments”Google Scholar, paper presented at the Vienna Colloquium of the International Institute of Space Law on October 12, 1972, to be published in Proceedings of the Fifteenth Colloquium on the Law of Outer Space.

2. Cf. also Prebisch, R., Towards a Global Strategy of DevelopmentGoogle Scholar, Report of the Secretary-General (at that time) of the United Nations Conference on Trade and Development, 1968, p. 2: “The artificial satellites too, are opening up hitherto unsuspected new horizons of instantaneous communication. The living and multifaceted image of these centres will be transmitted daily to the remotest corners of the Third World. And the ambition to imitate il will continue to spread with typical speed through all social sectors”.

3. See also USSR-US: Agreement on Cooperation in Exploration and Use of Outer Space, in International Legal Materials, 1971, pp. 617–620Google Scholar; and US-USSR Agreement on Cooperation in Space, done at Moscow on May 24, 1972, in International Legal Materials, 1972, pp. 766–769.Google Scholar

4. See, for example, the United States Communications Satellite Corporation (ComSat) and the USSR Molniya satellite system. Moreover, communication systems for military purposes are also operated by the space powers. See e.g., the United States Military Communications System. For an extensive discussion of these systems see Lay, S. Houston and Taubenfeld, Howard J., The Law Relating to Activities of Man in Space, Chicago, 1970, p. 103 ff.Google Scholar

5. See, for instance, the European Launcher Development Organization (ELDO) and the European Space Research Organization (ESRO). The former was in fact dissolved in 1973 and the science ministers of eleven west European countries decided in their meeting of July 31 - August 1st, 1973, to set up a new European Space Agency which would come into being on April 1, 1974, and would absorb both ESRO and ELDO. The former includes, inter alia, Telecommunication Programmes. See also in this connection the excellent article by the Legal Adviser of ESRO DrKaltenecker, H., “The Reform of ESRO”, in ESRO/ELDO Bulletin, No. 20, 02 1973, pp. 8–10.Google Scholar For further information regarding the ESRO projects see Robins, W.P. and Salter, M.. “A Communications Satellite System for Europe”, in Journal of the Interplanetary Society, 05 1973, pp. 257–265.Google Scholar

Among other organizations which have considered the use of communications satellites one may cite the European Conference of Postal and Telecommunications Administratior (CEPT) at its meeting at The Hague in September 1972; the Eurospace; the Committee on Space Research of the International Council of Scientific Unions (COSPAR, ICSU); etc.

6. See, e.g., the recent Memorandum of Understanding between the ESRO and the United States/Canada for the participation of the first organization in the joint Canada/United States Communication Technology Satellite (CTS) programme, in ESRO/ELDO Bulletin, Nos 18 and 19, 07 and 08 1972.Google Scholar See also European/US Declaration on Space Cooperation, signed in Washington the last week of September 1973 by Minister Otarles Hanin, Chairman of the European Space Conference and Kenneth Rush, acting U.S. Secretary of State, in ESRO News Release, 09 26, 1973.Google Scholar

7. See, For instance, the Agreement Relating to the International Telecommunications Satellite Organization (INTELSAT) which was opened for signature at Washington on August 20, 1972, in Int ernational Legal Materials, 1971, pp. 909–945.Google Scholar See also the Operating Agreement Relating to the International Telecommunications Satellite Organization (INTELSAT), opened for signature at Washington on August 20, 1971, in International Legal Materials, 1971, pp. 946–963.Google Scholar

See also the Intersputnik Agreement, which was signed at Moscow on November 15, 1971. This Agreement came into force on July 12, 1972, after six States had deposited instruments of ratification. See U.N. Doc. A/AC.105/100/Add.1, pp. 55–56. Member States of the Intersputnik Agreement (International Satellite Communications System) are now the following: Bulgaria, Cuba, Czechoslovakia, the German Democratic Republic, Hungary, Mongolia, Poland, Romania and the USSR. For the Draft Intersputnik Agreement (International Satellite Communications System) of August 5, 1968, see U.N. Doc. A/AC. 105/46 of August 9, 1968. For the text of this Draft Agreement see International Legal Materials, 1968, pp. 1365–1375Google Scholar and Telecommunication Journal, 10 15, 1968, pp. 508–511.Google Scholar For the legal history and present structure of the Intersputnik Organization see Space Activities and Resources, U.N. Doc.A/AC.105/100, pp. 137–139.

8. See also Zhukov, , in Proceedings of the Ninth Colloquium on the Law of Outer Space, The University of California, 1967, p. 91 ff.Google Scholar

9. See Lay, S. Houston and Taubenfeld, Howard J., op.cit., 1970, p. 135.Google Scholar

10. For efforts within the framework of UNESCO and the International Council of Scientific Unions to establish a World Science Information System (UNISIST), see Weisz, R.M., “UNISIST, Een wereldomspannend wetenschappelijk communicatienetwerk” in Intermediair, 07 7, 1972, p. 25 ff.Google Scholar

11. See UNESCO General Conference, Doc.17c/76 of 21 07 1972.Google Scholar For the background of this Draft Declaration see Part I of this document. Part II contains the text of the Draft Declaration.

12. For the coordination of international organizations in another context, see Poulantzas, N.M., “International Protection of Human Rights: Implementation Procedures Within the Framework of the International Labour Organization”, in Revue hellénique de droit international, 1972, No. 1.Google Scholar

13. See item 13.3 of the Provisional Agenda of the 17th session of the UNESCO General Conference.

14. See U.N.Doc. A/8771 of August 9, 1972.

15. For the text of this Draft Convention see Annex A to the present article.

16. See also UNESCO Doc. 17c/19 of August 7, 1972, entitled: “Opportunité d'adopter un instrument international sur l'éducation pour la compréhension, la coopération et la paix internationale”.

17. See also Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) and Article 19, para. 2, of the International Covenant on Civil and Political Rights (1966). The Proclamation of Teheran (1968) refers only, in para. 3, generally to new standards and obligations created by the International Covenant on Civil and Political Rights, the Declaration on the Granting of Independence to Colonial Countries and Peoples, and the International Convention on the Elimination of all Forms of Racial Discrimination, and proclaims that States should conform with them.

18. For the general principles of law in the field of outer space see Poulantzas, D., “Some Remarks on the Potential Sourcesxrf the Law of Outer Space”, in Proceedings of the Eighth Colloquium on the Law of Outer Space, The University of Oklahoma, 1966, p. 379 ff.Google Scholar

19. For a discussion of some articles of the Outer Space Treaty (1967) see Stein, Eric, “Legal Restrains in Arms Control Agreements”, in American Journal of International Law, 1972, pp. 255–289.Google Scholar

20. In this connection it should also be noted that the United Nations General Assembly established, under its Resolution 2453 B (XXIII), a Working Group “to study and report on the technical feasibility of communication by direct broadcasts from satellites and the current and foreseable developments in this field, including comparative user costs and other economic considerations, as well as the implications of such developments in the social, cultural, legal and other areas…”.

See, inter alia, on the Working Group on Direct Broadcasting Satellites especially Documents A/AC.105/52, February 10, 1969;A/AC.105/51, February 26, 1969: A/AC. 105/53. March 18, 1969; A/AC.105/54, March 21, 1969; A/AC.105/60, June 20, 1969; A/AC.105/61, June 25, 1969; A/AC.105/65, August 18, 1969;A/AC.105/66, August 12, 1969; A/AC.105/PV.66, November 3, 1969; A/AC. 105/79, April 7, 1970; A/AC.105/83, May 25, 1910;A/AC.105/PV. 91–97, January 11, 1971; A/AC.105/PV.85–90, January 13, 1971; etc.

21. For the principle of non-discrimination in the field of environmental protection of the earth see the study by Tammes, A.J.P., De Leefruimte van de Mens, Amsterdam, 1973, at p. 11.Google Scholar

22. See Article I, para. 1, of the Soviet Draft Convention.

23. See Article IV of the UNESCO Draft.

24. See also Draft proposal submitted by Australia, Canada, Italy, Japan, the United Kingdom of Great Britain and Northern Ireland and the United States of America before the U.N. Special Committee on the Question of Defining Aggression, U.N.Doc. A/AC.134/L.17 of March 25, 1969; A/AC.134/L.17/Add. 1 of March 26, 1969, and A/AC.134/L.17/Add.2, July 16, 1970. See also I. Seidl-Hohenveldern, Völkerrecht, Cologne, 1965, pp. 286–288.Google Scholar

25. See also “Sur un système d'interception de satellites”, in Le Monde, 04 6–7, 1969Google Scholar and J.-D. Thèraulaz, Droit de l'espace et responsabilité, 1971, at. p. 39.Google Scholar For interception practices in the field of the international law of the sea as well as in international air law, see Poulantzas, N.M., The Right of Hot Pursuit in International Law, Leyden, 1969, pp. 69 ff. and 276 ff.Google Scholar

26. Cf. also in general Kooijmans, P.M., The Doctrine of the Legal Equality of States, Leyden, 1964Google Scholar; and the “Declaration on Principles of International Law Concerning Friendly Relations and Cooperation Among States in Accordance With the Charter of the United Nations”, G.A. Resolution 2625 (XXV) of October 24, 1970.

27. See Article 19, para. 2, of the International Covenant on Civil and Political Rights (1966).

28. See Article IX of the UNESCO Draft and Article V of the Soviet Draft Convention.

29. For the text of the Declaration see UNESCO Document 17c/98, Annex-Recommendations, of November 15, 1972, printed as Annex B to the present article.

30. Political Behaviour, New York, 1962, at. p. 67.Google Scholar

31. See U.N.Doc.A/8771 of August 9, 1972.

32. See U.N. Doc.A/RES/2916 (XXVII) of November 14, 1972, printed as Annex C to the present article.

33. See “Verenigde Naties willen regels voor satelliet-tv”, in NRC Handelsblad, 11 10, 1972.Google ScholarCf. also previously discussed voting on the “Declaration of Guiding Principles on the Use of Satellite Broadcasting for the Free Plow of Information, the Spread of Education and Greater Cultural Exchange”.

34. It should be noted that the Legal Sub-committee of the Committee on the Peaceful Uses of Outer Space, as well as a special Group set up by the Committee, deal now, and as a matter of priority, with the Draft Treaty Relating to the Moon as well as with the Draft Convention on Registration of Objects Launched into Outer Space. However, the Committee on the Peaceful Uses of Outer Space has recommended that its Working Group on Direct Broadcast Satellites -previously mentioned- should be reconvened “in view of its interdisciplinary character and its coordinating functions”. See G.A. Resolution 2915 (XXVII) of November 9, 1972, regarding “International Co-operation in the Peaceful Uses of Outer Space”. It is further to be noted that on the Provisional Agenda of the 28th Regular Session of the U.N. General Assembly, and under item No. 31, figures the “preparation of an International Convention on Principles Governing the Use by States of Artificial Earth Satellites for Direct Television Broadcasting: Report of the Committee on the Peaceful Uses of Outer Space”.

35. Under the best expectations this system will not be operational before 1985.

36. See, for example, the questions of disarmament, international terrorism, aggression, environmental protection, etc.

37. For a discussion of the problems of “pirate” radio and TV stations, see the excellent article by M. Bos, “La liberté de la haute mer: Quelques problèmes d'actualité”, in Nederlands International Law Review, 1965, pp. 337–364.Google Scholar See also N.M. Poulantzas, The Right of Hot Pursuit in International Law, op. cit., pp. 4, 175 ff, 245–246Google Scholar; the same, “‘Pirate’ Radio Stations Revisited”, in Nederlands Juristenblad, 01 13, 1973, at. p. 43.Google Scholar

38. See also in this connection amendments to the Dutch Law on Telegraph and Telephone of 1904 (last amendment on May 3, 1971) adopted by the Dutch First Chamber (Senate) at its meeting of August 28, 1973 (Kamerstuk '72/'73 – 11373, 11374, No. 9).

39. See supra, under note 1.

40. However, the UNESCO Declaration does not reflect only the rigid Soviet doctrine of sovereignty, since it was adopted by a great majority of States.

41. See also on Freedom of Information U.N. General Assembly Resolutions 2448 (XXIII) of December 19, 1968; 2844 (XXVI) of December 18, 1971; 2917 (XXVII) of November 9, 1972; and decision of December 18, 1972 (Draft Declaration on Freedom of Information and Draft Convention on Freedom of Information). See also item No. 64 in the Provisional Agenda of the 28th regular session of the U.N. General Assembly.

The question of the freedom in the free flow of information was one of the main reasons for the United States vote against the UNESCO Declaration and General Assembly Resolution 2916 (XXVII). See also NRC Handelsblad, 11 10, 1972.Google Scholar

42. See Paulantzas, N.M., “Development or Retrogression of International Law in View of Outer Space Activities”, in Il diritto aereo, 1965, at p. 151 ff.Google Scholar; the same, “International Law in View of Outer Space Activities”, in Yearbook of the A.A. A., 1965, at p. 176Google Scholar ff. See also in general Arthur Larson, etc., Sovereignty Within the Law, London, 1965, at p. 339 ff.Google Scholar

43. Article 19, para. 3, of the International Covenant on Civil and Political Rights (1966) reads as follows:

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

44. See also in this sense, in general, L. Oppenheim-Lauterpacht, International Law, London, 1955, at pp. 462–463Google Scholar; for the notion of abuse of rights in international law see also G. Schwarzen-berger, A Manual of International Law, London, 1967, especially at pp. 106–107.Google Scholar See also in general Sohn, L.B., Cases on United Nations Law, 1956.Google Scholar

45. See also in general Art. VI of the Outer Space Treaty (1967). For state responsibility in the field of space law in general, see McDougal, M.S., etc., Law and Public Order in Space, New Haven, 1963Google Scholar; for a discussion of the Convention on International Liability for Damage Caused by Space Objects (1971), see Poulantzas, D., “Some Remarks on the Convention on International Liability for Damage Caused by Space Objects”Google Scholar, paper presented at the Vienna Colloquium of the International Institute of Space Law on October 12, 1972, to be published in the Proceedings of the Fifteenth Colloquium on the Law of Outer Space.

46. In this connection see supra, note 25.