GNSS Technology Improving Aviation Solicits New Boundaries in Risk Management

The possibility of providing aeronautical CNS (Communications-Navigation-Surveillance) systems by satellite in the future is one of the most interesting aspects of civil aviation today. It is one of the topics that combines problems of airspace with those of outer space and thus requires consideration of these two fields of law. The aviation community as a whole would benefit tremendously if a number of legal problems related to aeronautical CNS by satellite could be solved. In this contribution an attempt will be made to find a legal basis for aeronautical CNS by satellite as the lack of an institutional framework is the main problem these future systems have to face. This is merely an attempt to deal with some legal aspects of a subject which could change the face of civil aviation for years to come. Some of the commercial risks of spacecraft operations are contractually allocated between the parties involved. Obviously, there is a large potential liability for any organization involved in commercial space ventures. Parties should agree to arbitrate any disputes and the forum and law applicable should be designated. Predictable risks and uniformity of laws and policies specifically enacted to deal with the unique relationships and issues arising from the commercial use of space will promote innovation and growth. Extreme care must be exercised so that the intent of the parties is expressed in clear, plain and unambiguous language. This article, considering the liability amongst operators of space objects, provides a broad description of the intrinsic economic risks of space market and risk management related to Global Navigation Satellite System (GNSS) world, not in terms of the value of aerospace assets, but rather of their use, that is of their capacity to generate sufficient cash flows to remunerate the subjects involved in the various phases of putting satellites into orbit.