Transcript the organization of the french territory

3rd Manfred Lachs International Conference
on NewSpace Commercialization and the Law
16 – 17 March 2015, Montreal, Canada
Dr. Tare Brisibe
A Decade of Convergence and Technology Acceleration in
Non-safety Aeronautical Mobile-Satellite Communications
Technology
© IEEE
Prospects
Addressable aviation connectivity market
Source: Prospects for In-Flight Entertainment and
Connectivity, Euroconsult 2014
Applicable Laws
• States are responsible for authorization, certification or provision of services in the
airspace for which they are accountable having complete and exclusive sovereignty in
their territory and the airspace above it.
• National legal systems of States
▫ law of the State where the aircraft is certified and registered;
▫ law of the State being flown over;
▫ law of the State where ground facilities may have been established; and
▫ national copyright laws.
• International legal framework
▫ law of outer space;
▫ law applicable to the airspace of the oceans and polar regions;
▫ international air law;
▫ international telecommunications law;
▫ international trade law aspects of international economic law; and
▫ international protection of copyrights and programme content.
Copyrights and programme content protection
• Principal Instruments
▫ Berne Convention for the Protection of Literary and Artistic Works (1928);
▫ WIPO Copyright Treaty (1996) entered into force 1997.
• Other Instruments
▫ Paris Convention for the Protection of Industrial Property (1947);
▫ Agreement on Trade-Related Aspects of Intellectual Property Rights
(1994);
▫ Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations, (1961);
▫ Patent Cooperation Treaty (1970);
▫ Patent Law Treaty (2000);
▫ Convention Establishing the World Intellectual Property Organization
(1967)
Jurisdictional Competence and Lawful Interception of Communications
France
•
•
•
•
Condition 11 of Annex to EU Directive
2002/20/EC (on the authorization of
electronic communications networks and
services);
Article L33-1 (e) of the French Code des
postes
et
des
communications
électroniques,
implements
the
EU
Electronic Communications Directive;
Basis for extra-territorial jurisdiction of
France with respect to criminal matters is
stated in the Penal Code;
French criminal law applicable to offences
committed on board aircraft registered in
France, or committed against such aircraft,
wherever they may be. the French
government may exercise its extraterritorial jurisdiction in criminal matters
with due regard to the territorial and
nationality principles.
U.S.A
•
•
•
•
Serious offenses aboard a foreign vessel or
aircraft “in the commerce of the United
States” may be within the jurisdiction of the
United States as a special application of the
effects principle;
Criminal jurisdiction is asserted by the
United States under 18 U.S.C. S.7 and 49
U.S.C. S. (1301) (38) and S. 1472 (i);
Such jurisdiction could reach offenses that
do not involve acts in United States territory
or airspace, acts by United States nationals,
or acts aboard a United States registered
vessel or aircraft;
Section 402 (1) (c) provides … “a State has
jurisdiction to prescribe law with respect
to…conduct outside its territory that has or
is intended to have substantial effect within
its territory”. Restatement (Third) of the
Foreign Relations Law of the United States
(1987).
Towards Harmonisation
• Maritime Mobile-Satellite Services
▫ International Agreement on the Use of Inmarsat Ship Earth Stations
within the Territorial Sea and Ports (1985) entered into force 1993
• Land Mobile-Satellite Services
▫ GMPCS MoU and Arrangements (1997)
• [Aeronautical Mobile-Satellite Services]
▫ Recalling ICAO assembly Resolution A29-11 (Use of Space Technology in
the Field of Air Navigation);
▫ Recommend a specific and comprehensive multilateral instrument
formulated within the remit of an appropriate institutional authority, of
a binding nature, supplemented by harmonised and uniform national
law