Civil liability for damage caused by global navigation satellite system

Author(s):
Kong, D.
Published
2018
Publication type
Doctoral Thesis

Abstract

Should

GNSS cause damage to its users or any third parties, who shall be responsible

or liable, and how? Is it fair enough to force a GNSS provider to bear the

burden of compensation given GNSS open signals are provided free of charge to an undetermined scope? Could a GNSS provider release its civil liability by the doctrine of Sovereign Immunity if that provider is a public authority? This research is designed to explore whether current international laws are adequate to deal with those questions. If so, how those international laws apply? If not, where is the legal gap, and how should we move forward? This research is composed of four parts. Part I transfers the focus gradually from GNSS technical matters to legal issues, and then to civil liability in particular. Part II concerns a conceptual analysis of GNSS civil liability, serving as a basis for any further study. Part III checks the applicability and the adequacy of current international air and space laws to the case where GNSS cause damage. Part IV tries to find a roadmap to move forward for the issue of GNSS civil liability in a feasible way.

GNSSCivil LiabilityInternational Air LawInternational Space Law
Defense date
2018-12-17
Language
English
Supervisor(s)
Mendes de Leon, P.M.J.; Masutti, A.
Committee member(s)
Breedveld-de Voogd, C.G.; Müller Rostin, W.; Custers, B.H.M.; Huang, J.
Qualification
Ph.D.
Degree granting institution
International Institute of Air and Space Law, Faculty of Law, Leiden University, Leiden
Publisher
S.l.: s.n.
hdl
1887/67536
ISBN(s)
9789402813203
Series
Meijers-reeks
Volume in series
MI-314

Funding

Sponsorship
China Scholarship Council (CSC) and the National Research Center of Air Traffic Management Law and Standard (NRCATMLS), China.