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Civil Liability for Damage Caused by Global Navigation Satellite System

Civil Liability for Damage Caused by Global Navigation Satellite System

Author: Dejian Kong
Publisher: Kluwer Law International
ISBN: 9789403511719
Published In: May 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

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