Global$and$Regional$Space$$ Organizaons$and$Law$ December6 ... · PDF...
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7 th Eilene M. Galloway Symposium Global and Regional Space Organiza>ons and Law December 6, 2012 Restructured Organiza0ons: From the Cold War to the Era of Globaliza0on Patrick Masambu Deputy Director General and Director of Technical Affairs
Transcript of Global$and$Regional$Space$$ Organizaons$and$Law$ December6 ... · PDF...
7th Eilene M. Galloway Symposium Global and Regional Space Organiza>ons and Law December 6, 2012
Restructured Organiza0ons: From the Cold War to the Era of Globaliza0on
Patrick Masambu Deputy Director General and Director of Technical Affairs
1.THE HISTORY OF ITSO,IMSO AND EUTELSAT
Introduc0on This presenta>on aims at providing a brief overview about the three main intergovernmental telecommunica>ons satellite organiza>ons, the governing legal instruments and the legal challenges they face while implemen>ng them. It is by no means exhaus>ve, but hopefully can generate some further reflec>ons on some aspects of space law. (a) ITSO § The interna>onal Telecommunica>ons Satellite Organiza>on(ITSO) monitors and interfaces with Intelsat Ltd, the commercial telecommunica>ons en>ty it supervises to ensure availability of interna>onal public telecommunica>ons services to all countries of the world. § Previously known as “INTELSAT”, ITSO is an intergovernmental organiza>on established in 1964, comprising 149 member states, that incorporates the principle of the UN General Assembly resolu>on 1721 (XVI) governing availability of satellite communica>ons on a global and non-‐discriminatory basis to all na>ons of the world. § The organiza>on underwent a major restructuring in 2001 primarily to secure long term viability of its communica>on system and in order to a]ract private investments.
ITSO contn’d
§ As a result of the legal framework created thru restructuring , a commercial company named “Intelsat” was also established to operate the satellite system and provide space segment in accordance with agreed core principles: global connec>vity; lifeline connec>vity and non-‐discriminatory access, using the satellite system and geosta>onary orbital loca>ons previously under the control of the intergovernmental organiza>on.
§ ITSO has been an efficient catalyst for global co-‐opera>on in satellite communica>ons and instrumental in linking developing countries to the global economy.
§ At intergovernmental level: The Assembly of Par>es comprising 149 member countries meets in ordinary sessions every two years to deal with policy, strategic and budget approval issues
§ At opera>onal level: The Execu>ve Organ is headed by the Director General as the CEO and Legal representa>ve of ITSO
IMSO
(b) IMSO § The Interna>onal Mobile Satellite Organiza>on(IMSO) is the
intergovernmental organiza>on that oversees certain public satellite safety and security communica>ons services provided via the Inmarsat satellites.
§ The services include: mari>me safety services within the Global Mari>me Distress and safety system(GMDSS); search and rescue coordina>ng communica>ons; aeronau>cal safety services and general communica>ons.
§ The Organiza>on establishment was based on two interna>onal public law instruments under auspices of the Interna>onal Mari>me Organiza>on(IMO): Conven>on on the Interna>onal Mari>me Satellite Organiza>on(Inmarsat) and the Opera>ng Agreement between public/private telecommunica>ons en>>es. Both entered into force in 1979.
IMSO cont’nd
§ Inmarsat had the ini>al responsibility to provide space segment for improved mari>me communica>ons but this was later amended to include land mobile and aeronau>cal communica>ons. The intergovernmental name was also changed to Interna>onal Mobile Satellite Organiza>on to reflect the amended purpose.
§ Adop>on of amendments to the Inmarsat Conven>on and Opera>ng Agreement in 1998 led to transforma>on of the Organiza>on’s business into a priva>zed corporate structure, while retaining intergovernmental oversight.
§ Today the Organiza>on operates thru: An Assembly of Par>es comprising 94 member states that meets in ordinary session once every two years; and a Directorate headed by a Director General as the CEO and legal representa>ve.
EUTELSAT
(c) EUTELSAT § The European Telecommunica>ons Satellite Organiza>on, EUTELSAT was
created in 1977 with the purpose of opera>ng a European satellite system. The cons>tu>ve text, the EUTELSAT Conven>on today has 48 European member states.
§ Ini>ally established in Europe, today its fleet covers Europe, the Middle East, Africa, Asia and east coasts of North and South America providing the en>re range of telecommunica>ons services.
§ The restructuring process completed in 2001 led to: transfer of all assets , opera>onal ac>vi>es and related obliga>ons in respect of the space segment to Eutelsat S.A ,while the intergovernmental Organiza>on that remained was responsible for ensuring that Eutelsat S.A observes the basic principles of public service/universal service, Pan European coverage, non-‐discrimina>on and fair compe>>on.
§ The governance structure comprises of an Assembly of Par>es and a secretariat headed by an Execu>ve Secretary.
2. THE MAIN LEGAL INSTRUMENTS
(a) ITSO q ITSO Agreement Ø The ITSO Agreement includes amendments to the Agreement approved by the
25th Assembly of Par>es in Nov 2000 Ø Establishes the restructured ITSO Ø Has 21 ar>cles dealing with issues such as:
ü Main Purpose and Core Principles ü Supervision of Intelsat ü Financial Principles ü Role, powers and responsibili>es of the Assembly of Par>es ü Frequency Assignments and role of No>fying Administra>ons ü Amendment
LEGAL INSTRUMENTS Contn’d
q Public Service Agreement Ø Entered into July 2001 between ITSO and Intelsat to ensure that Intelsat fulfils its “Public Service Obliga>ons”, namely: maintenance of global connec>vity and coverage; serving lifeline customers; non-‐discriminatory access to the Intelsat system
Ø Has 8 ar>cles covering: ü Obliga>ons to honor PSO ü Supervisory role of ITSO ü Governing law and disputes
q Assembly of Par0es-‐ Rules of Procedure Ø Includes amendments to rules of Procedure approved in June 2010 Ø Has 17 rules covering such issues as:
ü Documenta>on ü Representa>on ü Quorum and Vo>ng
LEGAL INSTRUMENTS contn’d
(b) IMSO q IMSO Conven>on Ø Adopted at the Inmarsat Assembly session in 1998, the amendments transformed
the Organiza>on into a priva>sed corporate structure while retaining intergovernmental oversight of cera>n public service obliga>ons, par>cularly the GMDSS.
Ø Established IMSO to ensure provision by each Provider, of mari>me mobile satellite communica>ons for GMDSS in accordance with IMO legal framework
Ø IMSO Conven>on amended in 2008 Ø Has 22 ar>cles dealing with:
ü Purpose and func>ons of IMSO ü Oversight of GMDSS ü Role and powers of the Assembly and Director General ü Costs ü Amendment
LEGAL INSTRUMENTS contn’d
q Public Service Agreement Ø Entered into between IMSO and Inmarsat Ø Has 17 ar>cles covering issues like:
ü Public Service Obliga>ons ü Interna>onal standards and regula>on ü Governing law
q Rules of Procedure Ø Has 34 ar>cles covering for example:
ü Sessions ü Par>cipa>on ü Agenda and Documenta>on ü Vo>ng etc
LEGAL INSTRUMENTS cont’nd
(c) EUTELSAT q The EUTELSAT IGO Conven>on Ø Comprises amendments to the original EUTELSAT Conven>on Ø Applied on provisional basis from July 2001 and on defini>ve basis from
November 2002 Ø Has 21 ar>cles covering issues such as:
ü Establishment of EUTELSAT and the company EutelsatS.A ü Purposes of Eutelsat ü Costs ü Structure, composi>on of mee>ngs, procedure and func>ons of the
Assembly of Par>es ü The secretariat ü Amendments and Termina>on
3. THE LEGAL CHALLENGES FACED BY ITSO,IMSO,EUTELSAT
At the individual level of each of the three organiza>ons, there may be specific legal challenges, however at the general level, there are at least four main challenges: q Amendment of the Trea>es -‐ The process and >me it takes to make any amendment to a treaty
document tends to be very long and complicated. This issue can be a major bo]leneck for an organiza>on dealing with a very innova>ve and rapidly evolving sector like ICT.
q The second issue is one concerning the ability to implement certain treaty provisions, and in par>cular in the area of disputes and arbitra>on. While the provisions are quite clear, enforcement of decisions may be rather challenging as well >me consuming if one party is not co-‐opera>ve.
q Thirdly, the absence of a global legal framework for a harmonized approach in the oversight func>on required of the three intergovernmental agencies creates a poten>al opportunity for conflic>ng interpreta>on of similar situa>ons.
q Finally, the very limited interna>onal regula>on of the satellite industry as a whole some>mes poses a challenge when it comes to the efforts of trying to agree on a common agenda for global broadband development.
CONCLUSION
§ ITSO, IMSO,EUTELSAT IGO share the same history and as such they have very similar legal instruments.
§ Each has an important supervisory role in he satellite industry that they have been able to perform successfully despite the challenges that they face.
