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

More documents

Recommendations

Info

166Charter on Rights and Obligations ofStates relating to GNSS ServicesAs mentioned above,74 ICAO’s announced long termobjective is to create a framework to govern theoperation of GNSS. The ICAO Assembly instructed theICAO Council to have such a legal framework forpresentation to the next ICAO Assembly (in the year2001). As an interim measure, ICAO adopted aCharter on Rights and Obligations of States Relating toGNSS Services.73 The Charter is similar to the UNGAResolution establishing Principles Relating to RemoteSensing of the Earth from Outer Space, except that theCharter applies only to aviation.. The ICAO Charterprovides that: (1) Safety is the paramount purpose ofGNSS. (2) There shall be non-discriminatory access toGNSS (including augmented GNSS) under uniformconditions. (3) GNSS providers shall respect thesovereign rights of states to control air navigationwithin their states. (4) GNSS shall be standardized inaccordance with ICAO minimum standards andrecommended services. (5) States shall work togethertowards the greatest possible uniformity of GNSSservices. (6) User charges shall be non-discriminatory.(7) GNSS shall provide mutual assistance andcooperation to other states in planning andimplementing GNSS. (8) GNSS providers shall respectinterests of other states; and (9) the possibility ofjointly-provided GNSS shall not be inhibited. ICAO’sCharter on Rights and Obligations would only governaviation users because ICAO’s authority is limited toaviation.76The Charter approach is familiar territory for theUnited Nations Committee for Peaceful Uses of OuterSpace. As mentioned above, it is like the UNGAResolution on remote sensing which the UN Committeeadopted unanimously.While ICAO’s authority is limited to aviation, theauthority of the UN Committee encompasses all GNSSuses. Thus the UN Committee could very appropriatelyEXPANDING GLOBAL NAVIGATION SERVICESexamine not only the GNSS issues but also the possibleuniversal need for such Charter. A UN Charter onGNSS could have the same effect as the other UN legalinstruments on outer space: it would provide directionfor all GNSS.Multifaceted GNSSThe future law of GNSS could develop in either of twoways: a general legal regime for GNSS with specializedregimes for each use; or separate legal regimes for eachuse or mode. This is an important legal questionbecause the individual categories of users are beginningto establish rules for their singular use withoutconsideration for how those rules would affect otherusers.An example of a singular regime is the new ICAOCharter adopted at the 1998 Rio Conference andconfirmed by the 1998 ICAO Assembly.77 GNSS hasbeen approved as the primary means of air navigationin several parts of the world. The number of aircraftequipped with GNSS receivers is growing rapidly.While it is not yet possible to land airplanes withGNSS, the FAA is moving rapidly towards that goalwith its augmented GPS. GPS can become the primaryair navigation system by using WAAS and LAAS.Other countries are moving in the same direction. So itis not surprising that the aviation mode feels that GPSis for aviation and that the legal regime shouldprimarily be for airplanes. This results in ICAO’sambitions for a comprehensive GNSS legal regime anda specialized regime for liability described above.78The International Maritime Organization isestablishing international maritime navigationstandards. By use of augmented GPS, ships nownavigate solely by GPS. Law suits for negligentnavigation using GPS are beginning to appear in the74 Id.75 ICAO Doc A32-WP/24, Appendix A, supra n. 5476 Id.77Id.78 Larsen, GNSS International Aviation Issues, 41 Coll. on theLaw of Outer Space
EXPANDING GLOBAL NAVIGATION SERVICEScourts. Thus maritime users have a strong feeling thatGPS is for maritime navigation.79However, the largest growth in GPS use is in theautomotive area. There are about 650 Millionautomobiles in the world. By the year 2025 there willbe 1 billion cars, most of them with a GPS receiver. Sothis mode of transportation justifies attention asinternational laws and regulations are established forGNSS.80Railroad authorities, such as the U.S. FederalRailroad Administration, are very actively promotingthe use of GPS to monitor the location and speed oftrains in order to improve the safety and efficiency ofthe railroads. With wider availability of DGPSthroughout the United States, the beneficial effect ofGPS on this mode of transportation exists and justifiesattention.Availability of accurate land surveys through GPSis altering the surveying business, saving cost ofconstruction material and of labor, and producinggreater accuracy81. The surveying business depends onaccuracy, so that any aspect of GPS that will promotethat is of interest to the surveyors. Land surveyingaffects the law of conveyancing. GNSS -generated landsurveys generally are considered to be legally authenticand are legally acceptable to courts and other tribunals.Agriculture, the fishing industry, recreationinterests, telecommunications, outer space navigation,all have an active stake in GPS laws and regulations.They do not want to be left out or overshadowed by anyone mode. They want to be part of the community thatformulates these laws and regulations.79 See IMO Resolution A.815(19 on WorldwideRadionavigation System, adopted on 23 November 1995, andIMO Resolution A.860(20) on Maritime Policy for a FutureGlobal Navigation Satellite System (GNSS), adopted on 27November 199980 See Washington Post, supra n. 1081 Larsen, Use of Global Navigation Satellite System (GNSS)Evidence for Land Surveys: Legal Acceptability, 38 Coll. on theLaw of Outer Space167In conclusion, while each mode may view GNSS astheir issue, GNSS clearly is multifaceted. There isdanger of conflict between differing operating principlesfor GNSS. The larger GNSS constituency, rather thaneach modal constituency, could more effectively achievethe general principles. The same reasoning applies toliability. The maritime, rail, automotive users and thefarmers, fishermen and surveyors would certainly beunhappy to learn that they could not recover fornegligent GNSS, but that airlines could.Opportunity exists for a multi-functionalinternational body such the UN Committee for PeacefulUses of Outer Space to adopt multi-functional GNSSlegal principles. The alternative may be that we may areleft with piecemeal, conflicting GNSS legal principles.To support COPUOS multi-functional legal principles,coordination of legal principles and technical standardsamong the regulatory organizations (ICAO, IMO, andothers) is desirable.Commentary PaperJiefang HuangLegal Officer, ICAOI wish to offer my congratulations to Professor PaulLarsen for the excellent paper presented by him. I amparticularly thankful to him for his kind referencesthroughout the paper to ICAO’s work in this field.Indeed, in this decade, the International Civil AviationOrganization has dedicated a large portion of its workto the implementation of CNS/ATM systems, in whichGNSS is one of the key elements. Among other things,ICAO has organized two worldwide conferences forthis purpose. The first was the Tenth Air NavigationConference held at the headquarters of ICAO inMontreal, Canada, in September 1991, which wasattended by 85 States and 13 internationalorganizations; the second was the World-wideCNS/ATM Systems Implementation Conference held inRio de Janeiro, Brazil, from 11 to 15 May 1998, whichwas attended by 123 States, 27 international
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:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122: EXPANDING GLOBAL REMOTE SENSING SER
Page 135: THE ROLES OF INTERNATIONAL ORGANIZA
Page 138 and 139: 132 THE ROLE OF INTERNATIONAL ORGAN
Page 161 and 162: SESSION SIXExpanding Global Navigat
Page 163 and 164: EXPANDING GLOBAL NAVIGATION SERVICE
Page 171: 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 223:
MAINTAINING THE SPACE ENVIRONMENT 2
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 ...

Create successful ePaper yourself

Delete template?

Save as template?