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Author: Dejian Kong
Publisher: Kluwer Law International B.V.
ISBN: 9403512334
Category : Law
Languages : en
Pages : 291
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Book Description
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 Global Navigation Satellite System (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. Exploring whether the current international law (including air law and space law conventions) is adequate to deal with the issue of civil liability in the context of GNSS, the author confronts and responds to such crucial issues 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 how we should move 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 is caused by GNSS is elaborated, illustrating each legal relationship and causal link. 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 offers a 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.
Author: Dejian Kong
Publisher: Kluwer Law International B.V.
ISBN: 9403512334
Category : Law
Languages : en
Pages : 291
Get Book Here
Book Description
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 Global Navigation Satellite System (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. Exploring whether the current international law (including air law and space law conventions) is adequate to deal with the issue of civil liability in the context of GNSS, the author confronts and responds to such crucial issues 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 how we should move 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 is caused by GNSS is elaborated, illustrating each legal relationship and causal link. 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 offers a 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.
Author:
Publisher:
ISBN: 9789402813203
Category :
Languages : en
Pages : 251
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Book Description
Author: Pablo Mendes De Leon
Publisher: Kluwer Law International B.V.
ISBN: 9403511052
Category : Law
Languages : en
Pages : 491
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Book Description
Behind and Beyond the Chicago Convention The Evolution of Aerial Sovereignty Edited by Pablo Mendes de Leon & Niall Buissing The Convention on International Civil Aviation which was concluded in Chicago on 7 December 1944, commonly referred to as the Chicago Convention, is one of the most ratified multilateral agreements currently in force, with 193 States parties. In this deeply informative book celebrating its 75th birthday, thirty-three of the most distinguished authors in aviation law offer perspectives on the quality of the Convention’s achievements, which principally address the promotion of safety and security. Emphasising the Convention’s flexibility in the accommodation of social and technological changes, the authors investigate such topics and issues as the following: environmental protection measures such as abatement of noise and reduction of the damaging effects of gaseous emissions; effect of new methods of communication such as Global Navigation Satellite Systems (GNSS); distinction between civil and State aircraft; economic regulation as established under air services agreements between States; cybersecurity measures; compensation for damages; liberalisation of air services; role of regional aviation organisations, in particular, that of the European Union; position of airlines, airports, and providers of air navigation services; and territorial jurisdiction with respect to areas lacking a universally accepted sovereign status. Annexes include the original texts of the Paris Convention 1919 and the Chicago Convention 1944. With its incisive perceptions put forward by distinguished aviation lawyers – including an exploration of the absolute character of sovereignty – this book is without peer in its analysis of how the Chicago Convention affects the regulation of international civil aviation and the operation of air services. Its multifaceted approach towards the current state of affairs from a legal and policy perspective will be welcomed by practitioners and law firms in the field and civil aviation authorities, as well as by academics and business persons with a stake in aviation.
Author: Andreas Loukakis
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783848737604
Category : Artificial satellites in navigation
Languages : en
Pages : 0
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Book Description
The present book examines the question of civil liability emanating from the provision of erroneous broad-casted navigational signals. Amongst its core aspects is the topical issue of liability connected to the provision of defective information, especially during the development of the EU's Galileo program. The book revolves around the examination of forms of (non-contractual) liability associated with the provision of erroneous navigational signals and with particular emphasis on the EU's Galileo, the EU's initiative in the field of satellite navigation. The issue of non-contractual liability from the provision of erroneous broadcasted Galileo signals is being tackled from both a de lege lata and a de lege ferenda perspective. The study concludes by arguing that arbitration could be a possible solution of the resolution of future non-contractual liability claims concerned with the provision of Galileo signals in the foreseeable future, in light of the remarkable progression that has been undergone lately in the use of alternative methods of dispute resolution, especially in fields with interdisciplinary nature.
Author: Juliana Macedo Scavuzzi Dos Santos
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
"The use of Global Navigation Satellite System (GNSS) for air navigation brings important advantages to aviation since it is able to reduce routes, save fuel and diminish greenhouse gas emissions. It is also a more flexible and precise navigational aid that improves flight operations at critical moments such approach, landing and take-off. However, the GNSS signal may fail; and depending on the moment of this failure, its failure could cause an accident. Therefore, air navigation service providers' liability in using GNSS is a concern. Since there is no international treaty that responds to the liability of the GNSS and of air navigation service providers, national solutions appear as a practical and necessary answer to liability claims. Brazil has already started using GNSS in air navigation, and it has a Ground Based Augmentation System (GBAS) that is being tested at Rio de Janeiro International Airport. Therefore, it is important to study the Brazilian liability regime in order to determine if its general liability rules, especially its governmental liability system could apply to the civil liability of the air navigation service providers using GNSS in case of an accident caused by a signal failure. These claims are mostly governed by government liability in Brazil and the legal system in place is able to respond to them. However, since there is much controversy regarding government liability under the Brazilian doctrine, a specific legislation that would be able to balance the different interests at stake seems a reasonable option." --
Author: Alessandra A.L. Andrade
Publisher: Routledge
ISBN: 1351888854
Category : Transportation
Languages : en
Pages : 244
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Book Description
The book constitutes a valuable guide to the implementation of the CNS/ATM system towards ensuring safe, efficient and orderly evolution of international air transport. It uses a pragmatic approach in addressing the major legal, institutional, technical, political and economic aspects underlying the Global Navigation Satellite System, which is expected to play a fundamental role in aviation safety and air navigation world-wide. The book also examines, through well-reasoned analysis and research, the various controversial and relevant issues which will dominate the system in the years to come. The author demonstrates a profound grasp of the subject-matter through a sustained absorption of technical, institutional and legal principles applying to this complex subject. This is brought to bear in the coherent structure and logical organisation of the chapters which makes the book an invaluable tool for the aviation community, scholars and national and international regulatory authorities. It will also be immensely useful for practitioners who work towards further development and implementation of the CNS/ATM system. There has been no comparable work previously published.
Author: Anna Masutti
Publisher: Edward Elgar Publishing
ISBN: 1803923652
Category : Law
Languages : en
Pages : 559
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Book Description
The Elgar Concise Encyclopedia of Aviation Law provides a comprehensive overview of the evolution of the dynamic field of aviation law. Curated by two internationally recognized scholars in the field, entries are written by a wealth of specialist academics, legal experts, practitioners, and representatives of global institutions.
Author: Francis Lyall
Publisher: Taylor & Francis
ISBN: 104009208X
Category : Law
Languages : en
Pages : 532
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Book Description
As space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages ‘space as a driver of sustainable development’ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.
Author: Luis Fernando Fiallos Pazmiño
Publisher: Kluwer Law International B.V.
ISBN: 9403528621
Category : Law
Languages : en
Pages : 273
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Book Description
Aviation Law and Policy Series # 19 The incursion of unmanned aircraft systems (UAS) is radically reshaping the future of international civil aviation. As the civil uses of UAS increase and the technology matures in parallel, questions around the associated legal implications remain unanswered, even in such fundamental legal regimes of international civil aviation as airspace, aircraft, international air navigation, international air transport, and safety. This book – the first to consider international law and regulations to cross-border civil flights of UAS – explores current legal and regulatory frameworks from the perspective of how they may facilitate the operations of UAS. The author, a well-known air law practitioner and diplomat, identifies the legal challenges and proposes sound, well-informed measures to tackle those challenges. The book explores comprehensively the means of incorporating UAS within the arena of air law while stimulating further research and debate on the topic. Analysis of the cross-border operations of UAS focuses on aspects relevant to their immediate future, and address such questions as the following: What processes are currently in place? What factors require attention? What aspects particularly influence the future of UAS? Is the current international legal framework adequate to ensure the operation and development of UAS while preserving high levels of safety? How will artificial intelligence impact the civil operations of UAS? The author’s analyses draw on relevant initiatives in existing and proposed Standards and Recommended Practices for the operation of UAS on cross-border flights, as well as States’ regulation of UAS within their national airspace. Also described are the main bilateral and multilateral air services and transport agreements with respect to their application to the operation of UAS. Given the escalating need to adopt a comprehensive international regulatory framework for the operation of UAS aimed at facilitating its safe and efficient integration – even as the technology advances and continues to outpace law while the potential for incidents involving UAS grows – this book is well timed to meet the challenge for States and International Civil Aviation Organization and airspace planners. Its innovative approaches to the management of the air traffic safety and security of UAS are sure to influence the development of regulations for civil UAS. The book will be welcomed by aviation regulators, interested international and regional organisations, research organisations, aviation lawyers, and academics in international law and air law.
Author:
Publisher: BRILL
ISBN: 9004527273
Category : Law
Languages : en
Pages : 296
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Book Description
Space Law in a Networked World charts how space law has been affected by the opportunities and challenges presented by digital networks and technologies.
