Proceedings of the Workshop - United Nations Office for Outer ...

More documents

Recommendations

Info

156 EXPANDING GLOBAL NAVIGATION SERVICESPlanned GNSS SystemsThe European Union and the European Space Agencyhave proposed to create a global navigation satellitesystem called Galileo which would be interoperablewith GPS and would have the same reference system asGPS.4 Private satellite systems capable of providingpositioning and navigation service also are beingconsidered.5 Mobile satellite operators such as ICOGlobal Communications and Iridium could addnavigation and positioning capabilities to theircommunication satellites. Furthermore, several GNSSaugmentation systems are close to operability. TheWide Area Augmentation System (WAAS) will makepossible Category 1 and Category II flights byairplanes. A different augmentation, the Local AreaAugmentation Service (LAAS), will make it possible toland airplanes by satellite navigation (Category IIIflights).6 A European augmentation system, EGNOS, isclose to completion. Augmentation systems are beingplanned in other countries, for example Japan, as well.7GNSS Investment and TechnologyIn legal discussions GNSS can no longer be viewed asjust a navigation and positioning technology. It hasbecome a world-wide economic and social issue. Userswant access to GNSS. Manufacturers want to exploitthe market. Nations want the economic advantage ofhaving a GNSS industry. The stakes are high. The U.S.National Academy of Public Administration8 forecastin 1995 that by the year 2005 the GNSS world marketwould reach $31 billion, 55% of which would beoutside of the United States. In 1999 the EuropeanCommission made an even higher estimate,approximately $40 billion by the year 2005.9 Thelargest growth will occur in land transportation,10 faroutstripping the demand for GNSS in the aviation andmaritime areas. The United States currently dominatesthe GNSS market.11 Understandably industries outsidethe United States also would like to profit from GNSSand wish to challenge the U.S. market domination.Furthermore, labor interests would like to expandemployment into the GNSS industry. The 1996 U.S.Presidential Decision Document (PDD) estimated thatthe GPS industry would create 100,000jobs within fiveyears.12 The EU estimates that 100,000 jobs would becreated by the year 2008, if the proposed Galileoproject goes forward.13 As U.S. Vice President Gorehas said: GNSS “has become an engine of economicgrowth and efficiency as businesses and consumers arecontinually developing new and creative applications ofthe system.”14 GNSS development is aided by pricereduction of GNSS receivers which now are massproduced, so that price is not the barrier that it oncewas: a basic receiver can be purchased for $99,although sophisticated receivers are more expensive.Finally, the technology of the GNSS satellites isimproving as second and third generation GNSSsatellites and receivers are entering the market place.4 European Commission, Galileo, Involving Europe in a NewGeneration of Satellite Navigation Services, 9 February, 1999(hereinafter cited as Galileo)5See Boeing’s application to U.S. Federal CommunicationCommission for radio frequency to provide satellite navigationand positioning service, 1999.6FRP supra n. 2 at 3-11 to 13.7Larsen, GNSS Augmentation: Legal Issues, 40 Coll. on theLaw of Outer Space8 The Global Positioning System: Charting the Future, NationalAcademy of Public Administration, National Research Council,1995, at XXVI9Galileo, supra n 4, at iv.10 Galileo, supra n 4, at iv.11 Galileo supra n. 4, at 212 March 29, 1996, U.S. Presidential Decision Document13 Galileo, supra n. 4, at 4.14 March 30, 1998, Gore Statement
EXPANDING GLOBAL NAVIGATION SERVICESInstitutions that have Legal Authorityover GNSSInternational InstitutionsThe United NationsThe UN is the only institution that has a specialcomprehensive institutional role to consider not onlyspecific GNSS uses but all GNSS functions.15 No otherorganization can meet the needs of every category ofuser. The UN Committee for Peaceful Uses of OuterSpace, within its authority over space activities, hasproduced several international treaties that are relevantto GNSS operation. They are:The 1967 Treaty on Principles Governing theActivities of States in the Exploration and use ofOuter Space, including the Moon and OtherCelestial Bodies;16The 1968 Agreement on Rescue of Astronauts, theReturn of Astronauts and of Objects Launched intoOuter Space;17The 1971 Convention on International Liability forDamage caused by Space Objects;18The 1974 Convention on Registration of ObjectsLaunched Into Outer Space.1915 Larsen, Positing Satellites: Current Institutional Issues, 37Coll. on the Law of Outer Space.161967 Treaty on Principles Governing the Activities of Statesin the Exploration and Use of Outer Space, including the Moonand Other Celestial Bodies, International Instruments of theUnited Nations, at 288l7Id. at 29118 Id. at 29319Idat297The 1979 Agreement Governing the Activities ofStates on the Moon and Other Celestial Bodies20(which though relevant, has not achieved theuniversal acceptance of the first four treaties).The Committee has authored and continues toauthor United Nations General Assembly Resolutionson outer space matters that impact GNSS. For examplethe Committee is working on a legal instrument onspace debris. Furthermore three times the Committeehas sponsored comprehensive international conferenceson space issues, this time examining GNSS.International Civil Aviation Organization(ICAO)157The Convention on International Civil Aviation(Chicago Convention), Article 37,21 gives ICAO theimportant function of adopting international standardsand recommended practices (SARPS) and proceduresfor air navigation (PANS). In accordance with Article37, ICAO has developed and continues to developSARPS for GNSS. On the basis of this authority,ICAO currently is assuming even wider legal authorityover GNSS. The 1998 ICAO Assembly at its 32ndSession revised the Number 1 item on the ICAO LegalCommittee’s active agenda to include consideration ofa legal framework for GNSS.22 The ICAO Council laterexplained that analysis of legal aspects would includecommunications, institutions, liability and relatedissues.23 The ICAO Assembly affirmed the ICAOCouncil’s decision to establish the Study Group onLegal Aspects of CNS/ATM Systems, and instructedthe Council to “consider the elaboration of anappropriate long-term framework to govern theoperation of GNSS systems, including consideration ofan international Convention for this purpose, and topresent proposals for such a framework in time for their20 Id. at 299211944 Convention on International Civil Aviation, (ChicagoConvention) ICAO Doc. 890022ICAO Assembly Resolution A32-2023 ICAO Doc. C-CW/11026
Page 3 and 4:
ST/SPACE/2Office for Outer Space Af
Page 5:
IntroductionThe Workshop on Space L
Page 11 and 12:
CONCLUSIONS AND PROPOSALS OF THEWOR
Page 13:
3between public and private law and
Page 16 and 17:
6provide for the application of int
Page 18 and 19:
8obstacles that impede ratification
Page 21 and 22:
SESSION ONEExisting United Nations
Page 23 and 24:
EXISTING UNITED NATIONS TREATIES: S
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39:
EXPANDING GLOBAL LAUNCH SERVICESSES
Page 42 and 43:
36 EXPANDING GLOBAL LAUNCH SERVICES
Page 44 and 45:
Page 46 and 47:
Page 48 and 49:
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
48low earth orbit. This commercial
Page 56 and 57:
Page 58 and 59:
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
Page 67:
EXPANDING GLOBAL COMMUNICATIONS SER
Page 70 and 71:
64 EXPANDING GLOBAL COMMUNICATIONS
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
EXPANDING GLOBAL COMMUNICATIONS SER
Page 98 and 99:
Page 100 and 101:
A resource management/administratio
Page 103 and 104:
SESSION FOURExpanding Global Remote
Page 105 and 106:
EXPANDING GLOBAL REMOTE SENSING SER
Page 107 and 108:
Page 109 and 110:
Page 111 and 112: EXPANDING GLOBAL REMOTE SENSING SER
Page 135: THE ROLES OF INTERNATIONAL ORGANIZA
Page 138 and 139: 132 THE ROLE OF INTERNATIONAL ORGAN
Page 161: SESSION SIXExpanding Global Navigat
Page 165 and 166: EXPANDING GLOBAL NAVIGATION SERVICE
Page 185: POSSIBLE INTERNATIONAL REGULATORYFR
Page 188 and 189: 182 POSSIBLE INTERNATIONAL REGULATO
Page 200 and 201: POSSIBLE INTERNATIONAL REGULATORY F
Page 203 and 204: SESSION EIGHTMaintaining the Space
Page 205 and 206: MAINTAINING THE SPACE ENVIRONMENT 1
Page 213 and 214:
MAINTAINING THE SPACE ENVIRONMENT 2
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223:
Page 226 and 227:
220Session 3: Wednesday. 21 July. 1
Page 229 and 230:
223Annex IITHIRD UNITED NATIONS CON
Page 231 and 232:
225No Name Address E-Mail27. Ersfel
Page 233 and 234:
227No Name Address E-Mail57. Koloso
Page 235 and 236:
229No Name Address E-Mail86. Noack,
Page 237 and 238:
231No Name Address E-Mail117. Steph
show all

Proceedings of the Workshop - United Nations Office for Outer ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?