1 See generally, also by this author, Note, Toward the Free Flow of Information: Direct Television Broadcasting via Satellite, 13 J. INT'L L. & Eco. 329 (1979) [hereinafter cited as Journal Note]. See also K. Queeney, Direct Broadcast Satellites and the U.N. (1978); Woldman, Direct Broadcast and International Communications in The Role and Control of International Communications and Information 36-54 (1977); D. Smith, Communication Via Satellite 186-229 (1976); Aspen Institute Program on Communications and Society, Control of the Direct Broadcast Satellite: Values In Conflict (1976); Direct Broadcasting from Satellites: Policies and Problems (1974); as well as, Note, Legal Implications of Direct Satellite Broadcasting – The U.N. Working Group, 6 Va. J. Int'l & COMP. L. 564 (1976); Note, Recent Developments in the Law of Direct Broadcast Satellites, 2 Brooklyn J. Int'll 739 (1975)

2 Principles Governing the Use by States of Artificial Earth Satellites for [International] Direct Television Broadcasting, U.N. Doc. A/AC. 105/240, Annex II (1979) [hereinafter cited as Draft Principles].

3 See generally, e.g., Rutkowski, The 1979 World Administrative Radio Conference: The ITU in a Changing World, 13 Intl Lawyer 289, 290-99 (1979).

4 E. Galloway, The Politics and Technology of Satellite Communications 75 (1972).

5 Id.

6 Id.

7 I. De Sola Pool, The Satellite Broadcast Controversy 4 (1976), cited in Smith, supra note 1, at 189.

8 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, Jan. 27, 1967, 18 U.S.T. 2410, T.I.A.S. No. 6347, 610 U.N.T.S. 205, No. 8843 (effective for United States, Oct. 10, 1967).

9 G.A. Res. 2453, 23 U.N. GAOR, Supp. (No. 18) 9-11, U.N. Doc. A/7218 (1968).

10 Report of the Working Group on Direct Broadcast Satellites at its First Session, U.N. Doc. A/AC 105/51 (1969).

11 Soviet Draft Convention on Principles Governing the Use by States of Artificial Earth Satellites for Direct Television Broadcasting, U.N. Doc. A/8771 (1971).

12 Although the Soviets presented a similar position in their Declaration of Model Principles in 1970, Paper presented by the Delegation of the Union of Soviet Socialist Republics to the Third Session of the Working Group, U.N. Doc. A/AC. 105/WG. 3/CRP. 1 (1970), it was the Draft Convention combined with the Draft Resolution that truly brought the direct broadcast debate to an impasse.

13 Soviet Draft Convention, supra note 11, at Art. V (“State Parties to this convention may carry out direct television broadcasting by means of artificial earth satellites to foreign States only with the express consent of the latter.”).

14 Soviet Draft Convention, supra note 11, at Art. IV.

15 Id. Art. Ill (“The transmission of advertising and other commercial material may be carried out only on the basis of specific agreements specially concluded between the States concerned.”).

16 Id. Art. VI(2).

17 Id. Art. III.

18 Id. Art. IX(1) (At a violation of any provision of the Convention a State could employ “the means at its disposal to counteract illegal television broadcasting of which it is the object, not only in its own territory but also in outer space and other areas beyond the limits of the national jurisdiction of any State… .”).

19 G.A. Res. 2916, 27 U.N. G.A.O.R., Supp. (No. 30) 14, U.N. Doc. A18730 (1972).

20 This resolution was reaffirmed by the General Assembly in 1974, 1975 and 1976. U.N. Doc. A/AC.105/WG. 3(v)/CRP. 2 (1974), reprinted in U.N. Doc. A/AC.105/127, Annex IV (1974).

21 U.N. Office of Public Info., Press Release UNESCO/2060, Nov. 15, 1972.

22 Principles Governing the Use by States of Artificial Earth Satellites for Direct Television Broadcasting, U.N. Doc. A/AC.105/AG.3(v)/CRP.l and Corr. 1, reprinted in U.N. Doc. A/AC.105/107, Annex II (1974).

23 Id. Art. IX.

24 Id. Art. V (“States may carry out direct television broadcasting by means of artificial earth satellites to foreign States only with the express consent of the latter.”).

25 Id. Art. IV.

26 Id. Art. V.

27 Id. Art. III.

28 Draft Principles, supra note 2.

29 Id. Preamble la.

30 Id. Consultations and Agreements Between States 1.

31 Id.

32 Id. Programme Content, para. 3.

33 Id. para. 2.

34 Id. Consultations and Agreements Between States 2.

35 Outer Space Treaty, supra note 8.

36 Declaration of Guiding Principles on the Use of Satellite Broadcasting for the Free Flow of Information, the Spread of Education and Greater Cultural Exchange, Records of the General Conference, UNESCO 17th Sess. (1972), reprinted in U.N. Doc. A/AC. 105/109 (1973).

37 U.N. Charter Art. 2(7).

38 Article 55 of the U.N. Charter provides: With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: … c. universal respect for, and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. The Charter also privides in Article 56 that “All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.”

39 G.A. Res. 217, 3 U.N. GAOR 74, U.N. Doc A/810 (1978).

40 See, e.g., D. Abshire, International Broadcasting 19 (1976); The Board for International Broadcasting, Sixth Annual Report 1980.

41 Draft Principles Governing Direct Television Broadcasting by Satellite, U.N. Doc. A/AC. 105/WG.3/L. 4 (1973), reprinted in U.N. Doc. A/AC. 105/107, Annex IV (1974).

42 Id. Art II (“Direct broadcast shall be considered on the basis of respect for the principles of sovereignty of States, non-intervention and equality and in the interest of promoting the free flow of communication.”)

43 Id. Art. V (“Direct television broadcasting by satellite to any foreign State shall be undertaken only with the consent of that State.”).

44 Id. Arts. V, VIII.

45 Draft Principles, supra note 2, Purposes and Objectives.

46 Id. Rights and Benefits.

47 Id. Copyright and neighbouring rights.

48 Id.

49 Id. Consultation and agreements between States, para. 2.

50 Id. Programme content.

51 Id.

52 Id. Consultation and agreements between States.

53 G.A. Res. 2200, 21 U.N. GAOR, Supp. (No. 16) 52, U.N. Doc. A/6316 (1966).

54 Id. Art. 15.

55 Id.

56 See generally, e.g., Clineball & Thompson, Sovereignty and Self-Determination; The Rights of Native Americans Under International Law, 27 BUFFALO L. REV. 669, 700-10 (1978).

57 U.N. Charter, Art. 1(2) (1965).

58 Id.

59 See, e.g., the Canada-United States broadcast controversy regarding transborder transmissions of television shows. Comment, Purging Madison Avenue from Canadian Cable Television, 7 LAW & POLICY IN INT-L BUS. 655 (1975).

60 See Pool, Direct Broadcast Satellites and the Integrity of National Culture, in Aspen Institute supra note 1, at 49.

61 See Hargrove, International Law and the Case of Cultural Protectionism, in Aspen Institute, supra note 1. See also discussion in Journal Note, supra note 1, at 359-60.

62 United States Draft Principles on Direct Broadcast Satellites, U.N. Doc. A/AC.105/ WG.3(v)/CRP.2 (1974), reprinted in U.N. Doc. A/AC.105/127, Annex IV (1974).

63 Draft Principles, supra note 2, preamble lc (“Recognizing the importance for free dissemination of information and ideas and a broader exchange of views between all countries of the world”) and Id(“ Recognizing the importance of the right of everyone to freedom of expression, including the right to seek, receive and impart information and ideas regardless of frontiers, as enshrined in instruments of the United Nations relating to universal human rights.”).

64 U.S. Working Paper A/AC.105/C.2/L.118, reprinted in U.N. Doc. A/AC.105/240, Annex IV, at p. 5 (1979) (A State proposing to establish a broadcasting service aimed at another State should “notify” that State of the intention and “promptly enter into consultations … if the latter so requests,” giving “due regard to the interests and concerns of the foreign State” and based on “facilitating a free flow and wider dissemination of information while encouraging cooperation” in the exchange of information.).

65 Draft Principles, supra note 2, Consultations and Agreement between States.

66 Universal Declaration of Human Rights, supra note 39, at Art. 19 (emphasis added).

67 International Covenant on Civil and Political Rights, G.A. Res. 2200, 21 U.N. GAOR, Supp. (No. 16) 49, U.N. Doc. A/6316, Arts. 19, 20 (1966).

68 Id. Art 5 (“Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to any greater extent than if provided for in the present Covenant.”).

69 Id. at Art. 19.

70 Id. at Art. 20.

71 Universal Declaration of Human Rights, supra note 39, at Art. 19.

72 Outer Space Committee Report of Legal Sub-Committee, U.N. Doc. A/AC.105/240, Annex II, para. 18 (1979); United Kingdom Working Paper, U.N. Doc. A/AC.105/196, Annex IV (1979).

73 For a more detailed discussion of such content parameters see also Journal Note, supra note 1, at 362-66.

74 Draft Principles, supra note 2, Programme content.