Acknowledgements |
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xi | |
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xiii | |
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Part I Clarification of the Current Regime |
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3 | (14) |
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3 | (2) |
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1.2 The Mechanism of Remote Sensing |
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5 | (3) |
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8 | (1) |
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1.4 Overview of the Historical Development |
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9 | (3) |
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1.4.1 Era of Reconnaissance and Weather Monitoring by Space Powers: 1957 to 1972 |
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9 | (1) |
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1.4.2 Era of Civil Remote Sensing Programmes by Spacefaring Nations: 1972 to mid-1990 |
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10 | (1) |
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1.4.3 Era of Commercial and Operational Remote Sensing: Late 1990 to Present |
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11 | (1) |
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1.5 The Current Environment Surrounding Remote Sensing Data |
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12 | (5) |
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17 | (82) |
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17 | (2) |
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2.2 International Space Law |
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19 | (47) |
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2.2.1 Toward Formulation of Rules Governing Outer Space |
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22 | (1) |
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23 | (5) |
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2.2.3 Overview of the Regime Governing Use and Exploration of Outer Space |
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28 | (17) |
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2.2.4 Specific Law for Remote Sensing |
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45 | (21) |
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2.3 National Laws and Policies |
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66 | (31) |
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2.3.1 National Legislation on Space Activities |
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66 | (8) |
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2.3.2 National Regulations Associated with Remote Sensing |
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74 | (23) |
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97 | (2) |
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Chapter Three Environmental Law |
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99 | (50) |
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99 | (2) |
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3.2 The Institutional Framework |
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101 | (3) |
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104 | (15) |
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3.3.1 General Principles of Environmental Law |
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106 | (3) |
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3.3.2 The Examination of Multilateral Environmental Agreements |
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109 | (10) |
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3.4 How Satellite Remote Sensing can Support Environmental Protection |
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119 | (24) |
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3.4.1 How Remote Sensing can Strengthen Environmental Protection: General Observations |
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123 | (4) |
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3.4.2 How Remote Sensing can Specifically Strengthen the Effects of Multilateral Environmental Agreements |
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127 | (8) |
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3.4.3 Use of Satellite Imagery as Evidence |
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135 | (8) |
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3.5 The Need for Improvement to the Legal Regime of Remote Sensing |
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143 | (4) |
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3.5.1 The Problem of Reliability of Satellite Data: Technical Observations |
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144 | (1) |
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3.5.2 The Need for Improvement to the Legal Framework in Association with Data Policy |
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145 | (2) |
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147 | (2) |
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Chapter Four Disaster Management |
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149 | (50) |
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149 | (1) |
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4.2 Framework of Disaster Management |
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150 | (12) |
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150 | (1) |
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4.2.2 Different Phases of Disaster Management |
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151 | (4) |
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155 | (3) |
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4.2.4 The Current Practice Regarding Disaster Management |
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158 | (4) |
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162 | (9) |
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4.3.1 The Historical Development |
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162 | (3) |
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4.3.2 The Analysis of Existing Rules |
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165 | (6) |
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4.4 The Appropriate Legal Model that Fosters Effective Disaster Management |
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171 | (9) |
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4.4.1 The Approach from Human Rights and Humanitarian Law |
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171 | (6) |
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4.4.2 The Approach from the Good Samaritan Principle |
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177 | (3) |
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4.5 Satellite Remote Sensing Applications to Disaster Management and Associated Legal Issues |
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180 | (10) |
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4.5.1 The Application of Satellite Remote Sensing in Different Phases of Disaster Management |
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181 | (2) |
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4.5.2 Operational EO Based Programmes for Disaster Management |
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183 | (2) |
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4.5.3 Case Study: The 2004 Indian Ocean Tsunami |
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185 | (2) |
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4.5.4 Coordination of Operations Based on Satellite Remote Sensing |
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187 | (1) |
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4.5.5 Revisit of Legal Principles Surrounding Satellite Remote Sensing |
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188 | (1) |
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4.5.6 Legal Analysis of a Successful Model Based on the Disaster Charter |
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189 | (1) |
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4.6 The Need for an Improved Regime |
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190 | (4) |
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4.6.1 How a Better Coordination with Division of Responsibilities will Enhance Effectiveness |
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190 | (1) |
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4.6.2 Issues of Clarification of Liability: Analysis of Lawsuits following Disasters against Volunteers |
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191 | (3) |
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194 | (5) |
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Part II Improvements to the Current Framework |
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Chapter Five Data Policy and Verification of Accuracy and Authenticity |
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199 | (45) |
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199 | (2) |
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5.2 Data Policy Associated with Satellite Images and Derived Products |
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201 | (8) |
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201 | (3) |
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204 | (2) |
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5.2.3 Observation of Factors Determining Pricing |
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206 | (3) |
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5.3 Distribution Agreements and Conditions Associated with the Use of Data |
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209 | (4) |
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5.3.1 Concept of License Agreement |
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210 | (1) |
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5.3.2 Rights and Obligations with Regard to Licenses |
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210 | (1) |
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5.3.3 Conditions Associated with the Use of Data |
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211 | (2) |
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5.4 Intellectual Property Rights Associated with Satellite Images |
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213 | (19) |
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5.4.1 Examination of the Current Legal Framework for Intellectual Property Rights |
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214 | (8) |
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5.4.2 Applying Rules of Intellectual Property Rights to Satellite Remote Sensing Data |
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222 | (7) |
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5.4.3 The Practice of the EO Data Generator with Regard to Copyright and Database Right and Identification of Gaps and Problems |
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229 | (3) |
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5.5 Issues of Data Reliability: Data Authentication and Accuracy Validation |
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232 | (9) |
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5.5.1 Data Authenticity and Accuracy |
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233 | (5) |
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5.5.2 Issues of Traceability |
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238 | (3) |
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241 | (3) |
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244 | (55) |
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244 | (1) |
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6.2 Current Legal Uncertainties with Liability Arising from Remote Sensing |
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245 | (4) |
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6.2.1 The Examination of Liability from the Outer Space Treaty and the Liability Convention |
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245 | (2) |
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6.2.2 The Examination of Liability from the Standpoint of the UN Remote Sensing Principles |
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247 | (1) |
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6.2.3 How the Inadequacy of the Current Regime Raises Specific Problems |
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248 | (1) |
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6.3 Different Branches of Law Governing Liability |
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249 | (19) |
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250 | (14) |
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264 | (4) |
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6.4 The Analysis of Different Bases of Liability |
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268 | (22) |
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268 | (2) |
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6.4.2 Fault-Based Liability |
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270 | (3) |
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6.4.3 Consideration for Applying Fault-Based Liability to the Remote Sensing Activities |
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273 | (1) |
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6.4.4 Liability for Products |
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274 | (8) |
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6.4.5 Liability for Services |
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282 | (8) |
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6.5 Further Examination of Relevant Issues Towards a Recommended Regime |
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290 | (7) |
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6.5.1 Higher Duty of Care Required of Professionals |
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290 | (3) |
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6.5.2 Joint and Several Liability Shared amongst the Supply Chain |
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293 | (3) |
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6.5.3 Issues of Identification of Applicable Jurisdiction |
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296 | (1) |
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297 | (2) |
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299 | (14) |
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7.1 Review of Key Issues Examined |
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300 | (4) |
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7.1.1 Clarification of the Current Regime Achieved in Part I |
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300 | (1) |
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7.1.2 Improvements to the Current Legal Framework Recommended in Part II |
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301 | (1) |
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302 | (1) |
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7.1.2.2 Data Authenticity and Accuracy |
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302 | (1) |
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303 | (1) |
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304 | (2) |
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304 | (1) |
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7.2.2 Recommendation on Data Policy |
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304 | (1) |
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7.2.3 Recommendation on Data Verification |
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305 | (1) |
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7.2.4 Recommendation on Liability |
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305 | (1) |
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7.3 How the Proposed Recommendations are Applied in Practice |
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306 | (2) |
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7.4 Contribution to the State-of-the Art Knowledge and Practice |
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308 | (1) |
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7.5 Further Issues and Future Work to be Done by Others |
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309 | (4) |
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Annex 1 Principles Relating to Remote Sensing of the Earth from Outer Space |
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313 | (4) |
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Annex 2 Charter on Cooperation to Achieve the Coordinated Use of Space Facilities in the Event of Natural or Technological Disasters |
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317 | (8) |
List of Documents |
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325 | (8) |
Case Law |
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333 | (4) |
Bibliography |
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337 | (12) |
Index |
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349 | |