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Vol 24 No 8 Aug/Sept 2019

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Civil Liability for Damage Caused by Global Navigation Satellite System


ISBN13: 9789403511719
Published: May 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £103.00



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Civil Liability for Damage Caused by Global Navigation Satellite System aims to explore whether current international law is adequate to deal with the issue of civil liability in the context of Global Navigation Satellite System (GNSS). It has come to pass that national security, economic growth, and transportation safety – not to mention such infrastructure as banking and electricity – are severely dependent on the positioning information, navigation capabilities, and time dissemination provided by GNSS. However, GNSS is not risk-free. The more humanity depends on GNSS, the more risks it has to face. It is irresponsible to wait for an accident to happen merely to justify the need for an appropriate GNSS civil liability regime. This hugely important book examines the structure of such a regime in unprecedented depth and proposes a uniform governance structure composed of an institutional framework and a legal system for GNSS, with safety-of-life signals at its core.

What’s in this book:

The author confronts and responds to crucial issues of civil liability in the context of GNSS as the following:

  • ensuring that parties suffering damage caused by GNSS get fair, prompt, and adequate compensation;
  • balancing the interests of the GNSS industry in order for it to maintain its sustainable development;
  • identifying legal gaps arising in the GNSS context and the way forward;
  • determining which parts of the value chain of GNSS may qualify as origins of damage; and
  • construing GNSS civil liability mainly from contractual, product, and general tort liability perspectives.
The author assesses various solutions for GNSS civil liability based on their feasibility, including an institutional defence against the doctrine of sovereign immunity and recommendations on how several international organisations can work together in this endeavour. He examines scholarships, travaux préparatoires, conference documents, and treaties, as well as national legislation. A hypothetical case where damage caused by GNSS is elaborated, illustrating each legal relationship and causal link in various figures.

How this will help you:

In its committed urging of GNSS signal providers to improve the stability of the satellite navigation systems and its insightful recommendations on how to promote public safety, this book will gain the attention of international organisations such as ICAO, IMO, ICG, COPUOS, and UNIDROIT for their further moves on the issue of GNSS civil liability. This book offers a feasible roadmap indicating a truly viable international regime of GNSS civil liability. Relevant international organisations and States, as well as practitioners, are sure to respond positively to its unique and important analysis.

Subjects:
Air and Space Law
Contents:
About the Author
List of Abbreviations
Acknowledgements
General Introduction
CHAPTER 1
Overview of GNSS: Technical Background and Legal Framework
CHAPTER 2
Defining Civil Liability in the Context of GNSS
CHAPTER 3
International Space Law for GNSS Civil Liability: The Ideal Versus the Real
CHAPTER 4
International Air Law for GNSS Civil Liability: An Alternative Solution?
CHAPTER 5
The Way Forward for GNSS Civil Liability: Focusing on the Provision of Safety-of-Life Signals
General Conclusion
Bibliography
Table of Legislation
Table of Cases
Index