Legal Issues of Satellite Telecommunications,The Geostationary Orbit,and Space Debris

Satellites are the best means for a rapid expansion of telecommunications services nationally and globally. However, the level of that expansion is greatly determined by the availability of the two indispensable tools for satellites, which are orbital positions and radio frequencies. Growing demand for geostationary orbital (GEO) slots and radio frequencies by a rapidly increasing number of commercial satellite operators and expanding dependence on satellites for military purposes give rise to shortage of slots and spectrum to allocate as well as an increase in satellite interference. Concurrently, increasing space activities and anti-satellite (ASAT) tests are generating man-made space pollution, particularly space debris, and consequently are making the use of outer space more expensive and dangerous. The problems shortage of appropriate orbital positions, satellite interference and space debris are serious. Unless resolved in a timely fashion, they would pose significant barriers and dangers to all (civilian, commercial and military) satellites and could result in denial of access to space in practice by all states. This paper first describes the current situation of shortage of GEO positions and increase in satellite interference. Secondly, current international regulatory regime governing the access to and use of these tools has been analyzed with a view to highlight the weaknesses therein. Thirdly, the problem of space debris is discussed with a view to show how difficult it is becoming to carry on space operations and how important and urgent it is to have an appropriate legal regime in place. Finally, a few recommendations are made emphasizing the need for international cooperation in order to strengthen the international regulatory regime so that the required telecommunication services remain readily available to all and outer space remain pollution-free environment to be used for and by all states.     

Developing Countries and the Implementation of CITES: The Mexican Experience

A key issue for the success of international conventions regulating biodiversity conservation is to understand the different philosophical positions of each party for initially acceding to that convention, and for the measures each party takes to implement that convention. This paper documents policies for wildlife trade regulation in Mexico from the early 1980s to the early 2000s, with emphasis on the process of CITES implementation. Mexico was slow to adopt environmental policies, but when Mexico did recognize wider environmental concerns, the prospect of acceding to CITES was not considered because of existing bans on all wildlife trade in native species. However, Mexico could not control the illegal trade of wild species during the 1980s. Mexico acceded to CITES in 1991 mainly in response to international pressure and to bilateral pressure while seeking to join a free trade agreement. The step of joining CITES was taken without clear analysis about the consequences of being a party to the Convention. Between 1992 and 1996, Mexico had no clear policy about its role within CITES. The period from 1997 to 2001 witnessed an improved legal and administrative structure and a greater internal coordination between the institutions involved with CITES. Mexico has now improved its policy toward international wildlife trade.     

A Śaiva Interpretation of the Satkāryavāda: The Sāṃkhya Notion of Abhivyakti and Its Transformation in the Pratyabhijñā Treatise

It is a well-known fact that the ?aiva nondualistic philosopher Utpaladeva (fl. c. 925–975) adopted the Sā?khya principle according to which the effect must exist in some way before the operation of its cause (satkāryavāda). Johannes Bronkhorst has highlighted the paradox inherent in this appropriation: Utpaladeva is a staunch supporter of the satkāryavāda, but whereas Sā?khya authors consider it as a means of proving the existence of an unconscious matter, the ?aiva exploits it so as to establish his monistic idealism, in perfect contradiction with the Sā?khya dualism of matter and consciousness. How does Utpaladeva achieve this complete reversal of meaning of the satkāryavāda? The present article argues that the elliptical verses of the ī?varapratyabhijñākārikā dealing with this issue have been partly misunderstood so far due to the loss of Utpaladeva’s own detailed commentary (Vivr?ti) on this passage: Abhinavagupta’s two commentaries, however terse in this respect, clearly show that a crucial part of Utpaladeva’s reasoning remains implicit in the verses. The article therefore attempts to reconstruct the gist of Utpaladeva’s strategy by having recourse to various other ?aiva sources, including Somānanda’s ?ivadr???i and Utpaladeva’s own commentary thereon. This examination shows that Utpaladeva’s appropriation of the satkāryavāda rests on a profound transformation of the Sā?khya notions of manifestation (abhivyakti) and potentiality (?akti), and that his criticism of the Sā?khya understanding of causality might target the ?aiva dualists as well as Sā?khya authors.