An interpretation oflex lataversuslex ferendain the Indian legal system as applicable to satellite navigation services

Abstract

This article deals with the development of a legal regime for liability of regional navigation satellite systems, especially in context of the Republic of India. In the near future, various significant sectors and applications in India will depend on the Indian Regional Navigational Satellite System (IRNSS). However, navigation satellite systems and applications relying on information provided by the navigation satellites are not immune from irregularities. In case of any damage caused on account of such malfunction, there is a need for developing a legal regime governing civil liability for satellite systems. The development for a liability regime for satellite based services captured the attention of International Organizations and various interested parties twenty years ago, and intensive consultations have taken place at Unidroit and various international institutions, however the subject has eluded any consensus among stakeholders till date. In light of recent developments in international policy on satellite navigation, an international convention is the appropriate but unlikely answer. Development of regional agreements or national legislations may pave way for a future convention. Hence, a study on liability for satellite navigation systems at national level holds more relevance today. An Indian perspective on legal liability for navigation satellite systems is significant because it is one of the few countries to have developed self-sufficient navigation satellite systems and while there have been plenty of legal studies on American or European satellite systems, legal literature on the Indian system is scarce. This article aims at analyzing concepts relating to a normative liability law for IRNSS.