Legal Aspects Relating to Satellite Navigation in Air Traffic Mangement with Specific Reference to GAGAN in India

Paper number

IAC-07-E6.4.04

Author

Mr. Muhamed Mustaque, Institut du droit de l` Espace et desTelecommunications-IDEST, France

Year

2007

Abstract

Satellite based navigation system have totally changed our concept of  regulation in Air traffic Management as the legal regime or liability regime hitherto applicable for territorial service seems no longer support new global or atleast regional ATM  services offered by the various Providers.   The legal issues related to satellite navigation vary and depend up on numerous factors including precise commercial application. The satellite navigation will be one of the key enabling technologies of future transportation and airspace management system. Thus this paper address the legal issues in air traffic management based on SATELLITE BASED AUGMENTED SYSTEM (SBAS).  
                   
This paper will address issue of responsibility of state in the light of Liability convention 1972 and Chicago convention besides examining responsibility of service provider under private law (contract) to the extent of the application principle of CAVEAT EMPTOR as to the accuracy of positioning of aircraft based on the satellite signal.

The liability regime between service provider and beneficiary or passenger is either concluded under contract or under various Air law conventions like Warsaw conventions or Montreal conventions. However moot point arise as to the liability to third party on account of accident to the Aircraft caused by wrong signal  from satellite or by other numerous reasons like   interference with the satellite by a foreign state or by its subjects . Since issue is related to Space law and Air law, this paper will examine it under Liability convention 1972 and under Rome Convention 1952.

India’s ambitious project GAGAN (GPS AIDED GEO AUGMENTED NAVIGATION) to cater to the satellite navigation augmentation requirements for air craft operators and air traffic services providers in the Indian air space and in future to the Asia pacific region will soon become a reality. The GAGAN has been designed to meet ICAO SARP as well interoperable with existing system of WAAS of USA, EGNOS of EUROPE and MSAS of JAPAN. The GAGAN also interoperable with other GNSS, GLONASS and GALILEO. However US position as to liability on failure to provide GPS service has to be a concern atleast legally for AirPort Authority of India which is the service provider. Finally criminal liability of the officials of service provider for negligence and their liability under Indian penal code are also examined. 

Abstract document

IAC-07-E6.4.04.pdf

Manuscript document

IAC-07-E6.4.04.pdf (🔒 authorized access only).

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