Vulnerability of international air transport relying on the Global Positioning System: Liability issues

摘要

In the realm of ordinary expectation and according to effective legal norms, state liability and responsibility for providing GPS for air navigation purposes in case of damage to aircraft in flight should involve only states concerned and not officials whose actions result in such damage. As to the case where the original service provider is transmitting signals from outer space, there are clear liability provisions in art Ⅶ of the Outer Space Treaty establishing state liability in pecuniary terms for damage caused by that state's activities in outer space. It must also be noted that art Ⅵ of the Treaty makes it absolutely clear that there is a distinction in terms of liability between a state and its subjects. This differs from the usual practice in international law in cases where, individuals in authority negligently misuse their competences. In such a case the international community may proceed with attaching reprehensibility both to the individual as well as to the state concerned, since traditionally, at public international law, the law relating to international responsibility does not necessarily need to be bifurcated into" individual and state responsibility in all circumstances. However, within national parameters, the international community might not be precluded from attaching responsibility to an agent of a state if deliberate intent or gross negligence can be attributed or imputed to such a person. This applies even if the state which is providing air navigation services under art 28 of the Chicago Convention is ultimately responsible.