## 6 Earth Observation, Archaeological Research and Spatial Privacy
One of the options open to states that are apprehensive of spying over their archaeological and heritage sites from above is that they should adopt domestic laws with extraterritorial effects that make the remote sensing of certain places illegal. This may include the prohibition of dissemination of any unauthorised information derived therefrom. Presumably such laws will apply to offenders as [PERSON] said \"wherever in the world the offences may have been committed\" although the ability to enforce jurisdiction will be severely limited if perpetrators do not come within territorial jurisdiction of the offended states [106]. Furthermore the ability of a state to enforce it such cases will inevitably depend on its diplomatic, political and economic clout. [PERSON] one of the fathers of modern day international space law himself had noted the limitations provided by the _Lotus case_ (1927) to the extent that the case while seemingly allowing states to criminalize acts committed outside territory does so upon the proviso that enforcement may be attempted only when such persons come within their territorial boundaries, [PERSON] introduced two helpful concepts of enduring importance. _Jurisfaction_ he says denotes the normative element of jurisdiction and it represents the powers a state has to adopt valid and binding legal norms and to concretise them with binding effect through its appropriate organs, whether judicial or otherwise. The spheres of validity or operative force of these norms may be realised _ratione loci_ (territorial), _ratione instrumenti_ (quasi territorial) or _ratione personae_ (personal). _Jurisaction_ on the other hand, is the formal element of state jurisdiction and it encompasses the powers a state possesses to, at any place or time, physically perform the acts of making, concretising or enforcing laws. That is it can hold legislative assembly, set up courts or tribunals or even arrest wanted persons. From this point of view, \"the validity of jurisdiction presupposes jurisdiction, but it is possible to have jurisdiction without jurisdiction\" [119]. [PERSON] has persuasively argued that; \"Military reconnaissance satellites have not only become a fact of international life that states just have to learn to live with but also a vital instrument in the process of arms control and the preservation of international peace\" [106]. In a similar manner a view may be taken that aerial/spatial archaeological research without the underlying state's permission may have become just another manifestation of the shrinking of state sovereigns and a 'nuisance' which states must bear. That view however, is certainly not universal. There is therefore, a call to be made to introduce legal certainty in this area of activity. The final position on the matter will, of course, be reliant upon emergent state practice and the opinion of eminent scholars among other sources of law. African practice and view in this area is arguably consistent with those of most of the developing states. The sheer fact of placement of cadastral authority under ministries of defence such as in Tunisia is arguably an indication of the importance some African states attach to remote sensing activities. The Minister of National Defence has the power of fixing the administrative and financial organization as well the operating modalities of the centre for national cartography and remote sensing. Tunisia Decrees No 75-671 of 25 December 1975 and Decree No 2006-1902 of 10 July 2006, Space Legal Tech, op.cit. Accordingly, even the, legal powers over the fixing of rates of the services to be rendered in Tunisia is granted to the Minister of Defence the National Centre of Cartography and remote sensing Order of the Minister of National Defence of 22 July 2016. See also the following Laws: Law No. 74-100 of 25 December 1974, creation of the Office of Topography and Cadastre, as amended by Law n \({}^{\circ}\) 2009-26 of May 11, 2009; Law No. 88-83 of 11 July 1988, creation of the National Centre for Cartography and remote sensing, as amended by Law No.