Aviation Safety Through the Rule of Law
Aviation Safety Through the Rule of Law

Author: Jiefang Huang

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 282

ISBN-13: 9041131159

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Flight is inherently a risky venture, carried out in a hostile environment at great speed. Realistically and regrettably, a commitment to aviation safety can achieve no more than 'as few accidents as possible'. Moreover, the tragic events of 11 September 2001 have conclusively demonstrated that aviation safety goes beyond accident prevention from a technical point of view and extends to more profound political, strategic and legal dimensions. Accordingly, aviation safety requires a multidisciplinary approach: technical, economic, managerial, and legal. This ground-breaking study analyzes, from a legal point of view, the mandate of the International Civil Aviation Organization (ICAO) relating to aviation safety in the light of changes which have taken place since the conclusion of the Chicago Convention, including the expansion of the international civil aviation community, the liberalization of the aviation industry, the introduction of new technology, and existing as well as new and emerging terrorist threats. The author clearly demonstrates that ICAO, as the worldwide governmental organization for international civil aviation, should be allowed a more proactive role in enhancing aviation safety. Describing in great detail the contributions of ICAO to the global safety regime and mechanisms, he submits effective ways to rationalize ICAO's quasi-legislative and enforcement functions in order to enhance aviation safety through the rule of law. Among the important topics arising in the course of the analysis are the following: global ramifications of national and regional initiatives; auditing of state compliance with international standards; characterization of crimes against the safety of civil aviation; importance of ensuring that safety requirements are not compromised by profit considerations; burgeoning of airline alliances, code-sharing and outsourcing activities; demands for simplification and unification of certain regulatory procedures; prohibition of the use of weapons against civil aircraft in flight; development of new technology, such as satellite-based navigation systems; and importance of the rule of law and the system of checks and balances in international organizations. As a plea to consider civil aviation safety obligations not only as merely contractual obligations between States but as obligations owed to the international community as a whole, this book is sure to give rise to far-reaching discussions and follow-up among policymakers and the interested legal community in the years to come.

Global Governance of Civil Aviation Safety
Global Governance of Civil Aviation Safety

Author: Nilgun Ozgur

Publisher: Taylor & Francis

Published: 2022-09-30

Total Pages: 134

ISBN-13: 1000653935

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This book indicates the shortcomings of the current international legal system and customary international norms that govern international aviation law to comply with contemporary air transport market realities. As the air transport market develops globally, the safety regime of civil aviation should also be governed and applied globally. In this book, the author departs from current international legal norms to examine the emerging legal field of global administrative law. Through that lens, the possibility of reconstructing the set of legal mechanisms that govern domestic and international administrative interaction in the global field of aviation safety is explored. This book demonstrates that a legal system is never complete but always develops in tandem with changing needs, i.e. the participation of the affected parties. Exploring the principles of GAL theory contributes to addressing the contemporary legal issues relating to state compliance with international aviation safety standards that would otherwise not be covered by customary international law. In particular, the principles of GAL theory regarding global governance and the ‘public’ character of global regulations, the role of individuals and states in global governance, and state sovereignty are considered valuable contributions to contemporary global aviation safety issues in practice. It is asserted in this book that proper checks and balances in global aviation safety can be improved by making these accessible to individuals by way of national courts. Finally, establishing public awareness of global aviation safety standards will eventually create greater pressure on states to implement and enforce them. This book is in an area increasing academic and research interest of practitioners of public international aviation law, global administrative law, global governance, and global aviation safety, global air transport market regulations.

Implementing the Global Aviation Safety Roadmap
Implementing the Global Aviation Safety Roadmap

Author: Airbus Industrie

Publisher:

Published: 2006

Total Pages:

ISBN-13:

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"Once the Global Aviation Safety Roadmap was accepted in 2006 by the International Civil Aviation Organization's Council, it was determined that a Part 2 was required to build upon the objectives identified in the initial report by defining specific best or preferred practices which will enable the aviation industry and the world's nations to address and correct the deficiencies outlined in the first part. The result was Implementing the Global Aviation Safety Roadmap, a 126-page, highly detailed document."--FSF Web site.

Why Airplanes Crash
Why Airplanes Crash

Author: Clinton V. Oster

Publisher: New York : Oxford University Press

Published: 1992

Total Pages: 217

ISBN-13: 0195072235

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With the deregulation of commercial airlines in 1978, the United States airline industry has changed dramatically. Route entry and exit flexibility, as well as fare setting have stimulated competition, forcing airlines to emphasize cost control, increased productivity, and effective marketing. How have these changes in both public and private policies influenced airline safety? Do airplanes have more accidents now than ever before? This work examines the causes of airplane accidents and what private and public policies are needed to improve aviation safety. It begins by examining the safety record of the United States commuter airline industry in the post-deregulation era characterized by increased emphasis by airlines on cost control and growing pressures on the air traffic control and airport system. The authors go beyond the safety of the scheduled airlines to examine the reasons for accidents in the nonscheduled and general aviation segments of the United States industry, where the bulk of fatalities occur and where airline pilots increasingly receive most of their training and experience. They then turn to an examination of aviation safety throughout the world, first with a detailed comparison of Canadian and American aviation safety, and then with a look at air safety in all regions of the world and the safety performances of all the world's major airlines. Three emerging issues are then examined in greater detail: assessing the margin of safety, worldwide aging of all airline fleets, and terrorism. Clearly written, this careful and systematic analysis of well over 15,000 individual aviation accidents will provide greater insight for government officials, aviation industrymanagers, and researchers, as well as laypeople and other frequent flyers.

Safety Assessment of Foreign Aircraft Programme
Safety Assessment of Foreign Aircraft Programme

Author: Ronald M. Schnitker

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9789490947934

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This book features the European approach to enhance global aviation safety. The European Union's Safety Assessment of Foreign Aircraft program, with its legal basis in Directive 2004/36/EC, focuses on air carrier operational performance and compliance. Its main objective is to establish and maintain a high uniform level of aviation safety to protect the interests of European citizens. In recent decades, civil aviation has been one of the world's leading economic growth sectors. To control civil aviation safety records, the EU is focusing on enhancing safety by ensuring that air operators and aviation oversight authorities fully comply with international safety standards defined by the Chicago Convention. Deregulation, emerging low-cost air carriers, and subsequent fierce competition are forcing air carriers with heavy financial commitments closer to the neglect of safety. In addition, there is concern that the tremendous increase in civil air traffic - particularly through the participation of third-country aircraft that would not, or insufficiently, meet the minimum safety standards and consequently might pose a potential safety threat - could lead to an increase in the number of fatal accidents. The safety assessment of foreign aircraft and the inclusion of defaulting air carriers on the EU blacklist are instruments to counteract adverse safety deterioration. The book will benefit academics involved in air law research, government authorities, airline experts, and practicing lawyers. (Series: Essential Air and Space Law - Vol. 11)