논문 : 미래항행시스템 ( FANS ) 구축에 있어서 항공법 및 우주법의 적용과 국제민간항공기구 ( ICAO )의 역할

I. Introduction The International Civil Aviation Organization(ICAO) established the Future Air Navigation Systems($quot;FANS$quot;) Committee in 1983 to determine how to achieve improvements in the communications, navigation and surveillance systems for the management of air traffic. FANS Committee identified the use of satellite technology as the way to enhance communications, navigation and surveillance performance for aircraft navigation. Aeronautical mobile satellite communications can provide high quality voice and data communications between the ground and aircraft. The data communications would enable surveillance to be performed in a manner incomparable to the existing systems. II. Scope of Applicable Air and Space Law This system implies an application of two distinctive legal order. While the rules of air law acknowledging the sovereignty of the State over the air space regulate the aircraft navigation, the legal principles and codified rules of space law endorsing the freedom of navigation in the outer space apply to the activities utilizing outer space. This duality raises a legal issue on the determination, if necessary, of the application scope of each respective legal order. Some basic principles based on the rules of air law would be relevant to the FANS. They are regarding an universal accessibility to the benefit coming from this order, secondly, the recognition of the rights and responsibilities of States within the sovereign air space, and thirdly, the ICAO responsibility for international standards and procedure. As to the application of space law, a review over the application of the relevant space law principle would require taking into consideration some specific elements of the FANS. They are regarding the status and qualification of space segment operator, the scope of satellite utilization, a regime of service offerings enabled by the utilization of satellite, a responsibility related to the establishment and operation of space segment. The space law principles relevant to these elements shall include the supervision and the responsibility by State regarding space activities, and the use of outer space in the interest of all States. III. Institutional Issues for FANS Implementation The FANS implementation implies various scenarios and options to be taken by the States at the present stage of development. FANS Committee has postulated some illustrative scenarios of the provisions of the Aeronautical Mobile Satellite Service($quot;AMSS$quot;) to be used as typical examples for developing institutional arrangements. These include two scenarios based upon the single State autonomy on space segment, and the other two ones supposing the operation of international entity such as the International Aeronautical Communications Service Providers acting as communications brokers, and Mobile Satellite Communications Providers. There would be considerable flexibility for the States, over timing and over choice of institutional arrangements. On the other hand, the Scenarios are not mutually incompatible. This would mean that the FANS may be implemented on the basis of institutional arrangements combining various constituent elements of each Scenario. Besides such Scenarios, some States and the international organization have undertaken the actual effort for the implementation. Those efforts are progressing in the form of regional inter - State cooperation as well as of airliners or satellite communications providers` effort endorsed by national ATC agency concerned. But as the competence of the rule - making of each State and international organization such as INMARSAT is limited, the function of the ICAO should be called upon in this area. IV. Scope of the ICAO legal competence on space segment of the FANS Legal issues discussed in this paper contain the elements to be dealt within general context of the international civil aviation order. On such basis, the FANS concept would be fully within the mandate