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

164military users]”59 Augmentation still will be necessaryfor landing airplanes and other navigation andpositioning activities that require great precision.However, removal of SA will have effect on GNSSaugmentation.60GLONASS does not have a Selective Availabilityfeature. The civilian users receive the same level ofservice as the military.International Ownership of GNSS ServicesPrecedent for jointly-provided international navigationservices exist in ICAO. The Chicago Convention,Article 77, provides: “Nothing in this Convention shallprevent two or more contracting States fromconstituting joint air transport operating organizationsor international operating agencies.” Furthermore, theChicago Convention, Article 71, permits the ICAOCouncil to provide air navigation facilities “for the safe,regular, efficient and economical operation orinternational air services.” Under this provision theICAO Council in 1947 accepted responsibilities formaintaining the North Atlantic Ocean Weather Stations.With this precedent there appears to be no legalobstacles for international ownership and operation ofGNSS. EUROCONTROL is an excellent example ofinternational operation of air traffic control. Indeed theGalileo project under which the EU and ESA jointlywould operate a GNSS facility indicates theappropriateness of international ownership andoperation of GNSS. Finally, the 1998 ICAO Charterstated that States had the right to establishjointly-owned GNSS services.61 So the principle is wellestablished.Sole UseAn important current discussion is whether GNSS willbecome the sole navigation and positioning tool of thefuture. Large economic resources would be saved if allEXPANDING GLOBAL NAVIGATION SERVICEScurrent navigation and positioning services, for exampleland-based air navigation technology, could bediscarded and countries could instead depend solely onGNSS technology. There is safety in the existence andavailability of several GNSS systems, each of whichcan provide back-up in case another GNSS system goesdown. There are, on the other hand, conditions such assevere solar storms62 (burst of energy from the sun cantrigger phantom signals) or meteorite showers whichwould affect all GNSS satellites. Issues of intentionalor unintentional signal jamming and the need of theservice provider to disrupt service for the purpose oftesting signals also raise questions whether or when soleuse of GNSS will be possible. Nevertheless, somemaritime users have moved to sole GNSS use (in theUnited States), and some airlines (Continental Airlines)now navigate over oceans solely by use of GNSS.GNSS LiabilitySovereign Immunity of States fromLiability for GNSS operationsLiability of the GPS operator for negligent commissionsor omissions is a major unresolved legal issue. BecauseU.S. GPS is the major operating GNSS service, it isimportant to know the applicable law for privatedamage claims brought by non-U.S. nationals and byU.S. nationals in U.S. courts. The Rand studyexpresses the view that GPS is much like governmentnavigation and air traffic control assistance. Once anaid is established, the government has a duty tomaintain it and is liable for failure to do so.63 The U.S.government provides notice to the public that GPSservice is available and is reliable. Notices are issued inthe FRP, the Federal Register, FAA Notices to Airmen,Coast Guard notices to Mariners, and through theCoast Guard GPS Information Center.64 The argumentfor liability for U.S. GPS service is supported by a59 Joint DOD/DOT news statement, 30 March, 199860Kinal, supra n. 39, at 961 ICAO Doc. A32-WP/24. Appendix A, June 6,199862 Paul Recer, Sun storms may leave us in the dark, SeattlePost-Intelligencer, June 1, 1999 at 163Rand supra n. 32 at 19264 Id.