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

168 EXPANDING GLOBAL NAVIGATION SERVICESorganizations and 32 industry delegations. ICAO giveshigh priority to this programme because the new systemhas special significance to aviation. While aviationusers may account for a minority of the users of GNSS,as compared with, for example, users in the sector ofautomobiles, aviation has unique characteristics whichdifferentiates it from other modes of transportation.Most of you present today, I believe, came to Vienna byair. I am sure that you have strong concerns if theaircraft you took received wrong, faulty or inaccuratenavigation signals. You would probably be lessconcerned if your car did not pick up the right signalswhen you drove to this conference centre. Clearly, inaviation, safety of aircraft, and more importantly,safety of the travelling public is at stake and the risksinvolved are of a totally different magnitude.Accordingly, consideration of multifunctional GNSSlegal principles in the U.N. forum should necessarilytake into account the special situation of aviation usersand should be closely coordinated with the current workof ICAO and perhaps other international organizationssuch as IMO.There is no doubt that GNSS is multifaceted. Itsmultiplicity is not only reflected in different modes ofusers, but also, in ICAO context, in that it is one of thecomponents of the Communications, NavigationSurveillance and Air Traffic Management. The legalissues would be considered, for example, together withlegal issues relating to communication satellites.Furthermore, the implementation of CNS/ATMsystems, including GNSS does not only involve legalmatters but also technical, financial and institutionalmatters. For instance, In addition to general legalprinciples, there are also specific technical standardsand recommended practices which need to be workedout and updated from time to time. These multifacetedtasks will not only require coordination among lawyers,but also coordination among other professions in oroutside the U.N. specialized agencies.the form of Resolution A32-19, it also adoptedResolution A32-20. This latter resolution called for theexpeditious follow-up of the recommendations of theRio Conference and the Panel, especially thoseconcerning institutional issues and questions of liability.It would not achieve the expeditious result if one triedto reinvent the wheel in a new forum without taking intoaccount the current arrangements in place.Concerning the question of liability relating toGNSS, this is one of the subjects currently beingstudied by ICAO. The vast majority of ICAOContracting States believe that an internationalconvention is necessary. This convention will address,among other things, the question of liability. It hasbeen pointed out that due to the multiplicity ofproviders of GNSS elements, there is a risk that victimsof a GNSS-induced accident would be obliged toengage in multiple and complex actions in severaljurisdictions in order to obtain what could turn out to beincomplete compensation. The establishment of newinternational rules under which liability issues could beresolved by a simple, clear and speedy procedure istherefore necessary. On the other hand, there is noconsensus in this respect. Views have been expressedthat the introduction of GNSS does not change theexisting liability system. The issues of liability werealready in existence even before space-based navigationaids were introduced. The ICAO Secretariat StudyGroup on Legal Aspects of CNS/ATM Systems iscurrently studying the issues of liability. The Groupwill hold another meeting in October of this year.To summarize, GNSS is multifaceted and amultifunctional approach is desirable. Such approachshould take into account the special situation ofaviation, and probably those of other sectors, withoutprejudice to the arrangements already in place. Closeinternational coordination is essential in order toachieve fruitful results.Close coordination is necessary because ICAO’swork has been under way for quite some time and hasachieved certain results, such as the Charter. There hasbeen a general consensus in ICAO that consideration ofthe legal aspects of GNSS should not delayimplementation of CNS/ATM systems. When the 32ndSession of the ICAO Assembly adopted the Charter in