International Institute of Space Law

Article

The Continuity of Obligation to Provide the Services of Global Navigation Satellite System

Looking Space Law through the Lens of Human Rights

Keywords space law, GNSS, discontinuity, right to life, positive obligations, erga omnes obligations
Authors Atefeh Abedinpour en S. Hadi Mahmoudi
Author's information

Atefeh Abedinpour
Atefeh Abedinpour, Shahid Beheshti University, LL.M. Graduated in International law.

S. Hadi Mahmoudi
S. Hadi Mahmoudi, Asst. Prof., International Law department, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
  • Abstract

      Nowadays, dramatic advancement in space technologies has impressed all the aspects of human life. The protection of human life in aviation and maritime has firmly tied to precise data and crucial information derived from the Global Navigation Satellite System (GNSS). The present article aims to find a binding solution to ensure the continuity of providing positioning satellite services for aviation and sea navigation for all States. For this purpose, after analyzing the Convention on International Liability for Damage Caused by Space Objects and the Charter on the Rights and Obligations of States Relating to the GNSS Services and the International Convention for the Safety of Life at Sea, this article seeks to address three crucial questions using the qualitative method. First, what are the harmful effects of malfunction and discontinuity of GNSS services on human life? Second, is there any obligatory provision in Space Law instruments that ensures the continuity of obligation to provide GNSS services? Therefore, from the human rights law perspective, this study tries to recognize the provision of GNSS services as a legal obligation of the provider States and prove that all the provider States should not discontinue these services.

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