卫星导航信号提供者责任分析

卫星导航在造福人类的同时,其潜在危险可能引发责任问题.对此,应该依照信号提供者与用户之间的损害责任关系来调整.虽然主要信号提供国反对《责任公约》适用于卫星导航信号故障的案件,但是其态度不能左右条约的解释.此外,也没有必要制定专门的卫星导航责任公约.目前,尚无现实的损害案例可以借鉴类似的信号提供者的责任.美国、俄罗斯和欧盟的相关法律,以及《责任公约》的规定可以提供适当参考.

Study of Liability for Satellite Navigation Providers

Satellite Navigation has brought enormous benefits to human beings, while its potential danger may lead to liability issue. It may fall within the scope of liability for damage between signal providers and users. Although the major providers are against the application of the Liability Convention to damage caused by signal malfunction, their position can't decide the interpretation of the Liability Convention. Besides, it is not necessary to draft a GNSS Liability Convention. So far, there has never been a GNSS-related accident, which can be learnt from liability of similar signal providers. For this analysis, the current laws in the US, in the Russian Federation and in the European Union will be studied. Some aspects to the Liability Convention will also be seen.