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.
Arvustused
Alessandra Andrades book makes a major contribution to the three most prominent areas of development in the new millennium - telecommunications, air transport and electronic data interchange. The strongest thrust of the book is its eminent practicality. The author has moulded scholarly concepts into clear thought and extended these thoughts to practical issues relating to the subject. Anyone who is interested in the legal and economic aspects of the Global Navigation Satellite System in its scientific setting will find in this book a useful repository of analytical information, pragmatic advice and guidance. Dr Ruwantissa Abeyratne, International Civil Aviation Organization, Montreal 'This timely study is a rich source of background information, deep analysis and meaningful reflection on one of the most critical developments of ordern aviation which will accompany us for the decades to come. The insightful survey demonstrates the author's profound grasp of the subject matter and offers the kind of analysis needed for central decisions with critical improtance to the progress of civil aviation. ... It will be indispensable to practitioners, academics and governments involved in the process of implementing GNSS and can be strongly recommended.' German Journal of Air and Space Law, 2003
Foreword xi Dr. Assad Kotaite Preface xiii List of Abbreviations xv Introduction 1(14) PART I: TECHNICAL ASPECTS 15(21) An Overview of the CNS/ATM Systems 16(20) Current Systems - A brief history 16(4) Present Shortcomings and Future Benefits 20(2) The CNS/ATM Systems 22(7) Communications 22(1) Navigation 23(3) Surveillance 26(1) Air Traffic Management 27(2) Human Factors and Training Needs 29(7) PART II: INSTITUTIONAL ASPECTS 36(34) The Evolving GNSS 37(23) Signal Providers: Characteristics and Policy Issues 37(5) Global Positioning System (GPS) 37(4) Global Navigation Satellite System (GLONASS) 41(1) Satellite-based Augmentation Systems 42(3) Wide Area Augmentation System (WAAS) 42(1) Local Area Augmentation System (LAAS) 43(1) Multi-functional Transport Satellite Augmentation System (MSAS) 43(1) European Geostationary Navigation Overlay System (EGNOS) 44(1) Emerging GNSS Elements 45(5) Galileo 45(4) The Way Forward 49(1) Evolutionary Introduction of GNSS 50(10) GNSS as a Sole-Means Navigation System 50(1) Discontinuation of Services, Unlawful Interference and Other Concerns 50(10) Frequency Spectrum and Orbital Position Considerations 60(10) Introduction 60(1) The ITU Regulatory Framework 61(3) The Outer Space Treaty and the Orbit/Spectrum Resource 64(1) Concluding Remarks 65(5) PART III: LEGAL ASPECTS 70(100) Introduction 71(2) Existing Legal Tools 73(28) The Chicago Convention 73(1) International Standards and Recommended Practices - The Annexes 74(7) The Law-making Function of the ICAO Council 74(2) Safety Oversight 76(1) ICAO Safety Oversight Audit Programme 76(3) GNSS SARPs 79(1) Legal Significance 80(1) Guidelines, Guiding Principles and Other Guidance Material 81(1) Checklist of Items 82(1) Statement of ICAO Policy on CNS/ATM Systems Implementation and Operation 82(1) The Exchange of Letters 83(4) Introduction 83(1) Legal Significance 84(3) Charter on the Rights and Obligations of States Relating to GNSS Services 87(3) Introduction 87(2) Legal Significance 89(1) LTEP Recommendations 90(1) The World-wide CNS/ATM Systems Implementation Conference 91(10) Conclusions and Recommendations 91(1) Declaration on Global Air Navigation Systems for the Twenty-first Century 92(9) The Long-Term Legal Framework 101(19) Forms of Instrument 101(1) Need or Desirability of an International Convention 102(5) The Signal Providers Perspective 102(1) The User States Perspective 103(2) An Alternative View 105(1) The Predominant View 106(1) An Afterthought 106(1) Fundamental Principles 107(13) Safety of International Civil Aviation 107(1) Global Aviation Safety Plan 107(2) Universal Accessibility Without Discrimination 109(1) Reliability and Continuity of the Services 110(1) Sovereignty of States 111(2) Co-operation and Mutual Assistance 113(1) The Role of ICAO 114(1) Compatibility of Regional Arrangements with Global Planning and Implementation 114(6) Other Legal Issues 120(50) Certification 120(2) Liability 122(18) The Implications of Article 28 124(3) The Current Liability Regime 127(1) Liability of the U.S. Government Under U.S. Law - The Federal Tort Claims Act 128(1) Discretionary Function Exception 129(1) Foreign Country Exception 129(2) Combatant Activity Exception 131(1) Conclusion 131(1) Other Existing Compensation Channels 132(2) The Warsaw Convention and the Montreal Convention 134(1) The Rome Convention 135(1) The Liability Convention 135(1) International Fund for Compensation 136(2) Disclaimer of Liability 138(1) Channelling of Liability 139(1) Regime of Liability 140(1) Administration 140(6) National Level 141(2) International Level 143(3) Cost-Recovery 146(2) Financing 148(22) Cost-benefit Analysis and Business Case 148(1) Potential Sources of Funds 148(1) Alternative Mechanisms 149(1) ICAO Objectives Implementation Mechanism 149(1) International Financial Facility for Aviation Safety 150(4) Future Operating Structures 154(16) Conclusions 170(10) Bibliography 180(25) Index 205
Alessandra A.L. Andrade is an Official at the Air Transport Bureau (Director's Office), International Civil Aviation Organisation (ICAO), Montreal, Canada. She is a Delegate of Brazil to ICAO's sessions and conferences and gained a LL.M in Air and Space Law at McGill University, Montreal, Canada.
