Legal And Political Aspects of The Use of European Satellite Navigation Systems Galileo and EGNOS

Global satellite navigation systems – GPS, GLONASS, Compass, Galileo – bring the world and the outer space closer to us. Regardless of the weather, the time of day or night, satellite navigation allows us to determine the location of points and moving objects anywhere on the surface of the Earth, in the sky, and all over the universe. Each of us can get additional data related to their location, e.g. the address of the nearest hospital, petrol station, or restaurant. The emergency services may accurately locate the place from which the emergency call was made. Thanks to atomic clocks placed on navigation satellites, financial transactions and high-voltage networks can work effectively. This publication aims to familiarize the reader with the issues related to satellite navigation, challenges and dilemmas faced by the world and the European Union in the space age. The Authors: Joanne Irene GABRYNOWICZ – Professor emerita, has taught space law since 1987 at the University of North Dakota and the University of Mississippi. She is an internationally recognized space law expert. In recognition of her work, the International Astronomical Union named an asteroid after her, (9002) Gabrynowicz = 1981 QV2. Karol KARSKI – ML, MA, MBA, PhD, Dr. hab., DHC mult., is a Professor and the Head of the Department of Public International Law and the President of the Academic Council of the Institute of International Law, Faculty of Law and Administration, University of Warsaw. Zbigniew KŁOS – PhD, Professor, Space Research Centre, Polish Academy of Sciences. Zuzanna KULIŃSKA-KĘPA – PhD, assistant professor in the Department of International Air and Space Law, Institute of International Law, Faculty of Law and Administration, University of Warsaw. The main areas of research: human rights, space law. Katarzyna MYSZONA-KOSTRZEWA – PhD, Professor, Institute of International Law, Faculty of Law and Administration, University of Warsaw; head of the Department of International Air and Space Law, head of the Post-Graduate Studies of International Law and Foreign Service, University of Warsaw; head of the Section of Space Law and Policy of the Space and Satellite Research Committee of the Polish Academy of Sciences. Fellow of the Queen Elisabeth II Scholarship and the Joseph Conrad Scholarship. The main areas of research: air and space law, international safety, law of the international organizations. Barbara SKARDZIŃSKA – PhD, Department of International Air and Space Law, Institute of International Law, Faculty of Law and Administration, University of Warsaw. The main areas of research: space law, environmental law.

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Table of contens Preface (Joanne Irene Gabrynowicz) 9 Introduction 13 I. INTRODUCTION TO SATELLITE NAVIGATION (Katarzyna Myszona-Kostrzewa) 15 1. How does the satellite navigation system work? 15 2. The concepts of global and regional satellite navigation systems 16 3. Existing global satellite navigation systems 19 4. Existing regional satellite navigation systems 20 5. The European satellite navigation systems 21 II. THE EUROPEAN SATELLITE NAVIGATION SYSTEMS – LAW AND INSTITUTIONS (Katarzyna Myszona-Kostrzewa) 25 1. The European satellite navigation systems and the scope of application of international law 25 2. The European satellite navigation systems and the United Nations and other universal international organizations 29 3. The European satellite navigation systems and the European Space Agency 33 4. The European satellite navigation systems and the European Union law 35 5. Summary 38 III. GALILEO: PRACTICAL AND LEGAL CHALLENGES FOR THE EUROPEAN UNION (Karol Karski) 41 1. Galileo – European Union’s Satellite Navigation 41 2. Galileo vs. public procurement 41 3. Russian rockets and European satellites 45 4. Failure of clocks – the heart of satellite navigation 47 5. Dispute between the United Kingdom and the European Union about access to Galileo after Brexit 49 6. Summary 55 IV. ENVIRONMENT PROTECTION (THE INFLUENCE OF HUMAN-MADE SPACE OBJECTS AND/OR DEBRIS) AND SATELLITE NAVIGATION (Barbara Skardzińska) 57 1. Introduction 57 2. Space debris in international law, European Union law, and national law 58 2.1. Space debris in international law 58 2.2. Space debris in the European Union law 62 2.3. Space debris in national law 64 3. Liability for environmental damage 66 3.1. Liability for environmental damage in international space law 66 3.2. Liability for environmental damage in international public law 73 4. The procedure for claiming damages 76 5. Summary 79 V. HUMAN RIGHTS AND THE EUROPEAN SATELLITE NAVIGATION SYSTEMS (Zuzanna Kulińska-Kępa) 81 1. Introduction 81 2. The European satellite navigation systems and the right to life 83 3. The European satellite navigation systems and the right to personal liberty and security 85 4. The European satellite navigation systems and the right to property 87 5. The European satellite navigation systems and the right to information 90 6. The European satellite navigation systems and the right to good administration 92 7. The European satellite navigation systems and the right to respect of private and family life and the right to personal data protection 93 8. The European satellite navigation systems and the right to development and freedom from poverty 101 09. The European satellite navigation systems and the non-discrimination clause 105 10. The European satellite navigation systems and the right to effective remedy 106 11. Summary 110 VI. SECURITY OF THE EUROPEAN SATELLITE NAVIGATION SYSTEMS (Katarzyna Myszona-Kostrzewa) 111 1. Introduction 111 2. The European Union law and the security of the European satellite navigation systems 114 3. The European Union law and the security of the Union and its Member States as affected by the operation of the European satellite navigation systems 117 4. Summary 118 CONCLUSIONS 119 I. THE GALILEO PROGRAMME AS A TOOL OF THE INTERNATIONAL POLICY OF THE EUROPEAN UNION (Zbigniew Kłos) 119 1. Galileo – Second Generation GNSS Constellation, Present Status and Perspectives 119 2. Galileo – International Contest 122 3. Galileo – the EU–ESA cooperation 122 4. Cooperation between the European Union and the United States on satellite navigation 124 5. Cooperation between the European Union and other states on satellite navigation 126 5.1. Cooperation between the EU and China on satellite navigation 126 5.2. Galileo as the European Union platform for space dialogue with other states 129 II. LEGAL ISSUES RELATED TO THE USE OF THE EUROPEAN SATELLITE NAVIGATION SYSTEMS (Katarzyna Myszona-Kostrzewa, Zuzanna Kulińska-Kępa, Barbara Skardzińska) 131 BIBLIOGRAPHY 135 INDEX 147 ABOUT THE AUTHORS 151