New Developments In The Law Of Aviation Security

Published in 1998. The various conventions which apply to the subject of unlawful interface with civil aviation have proved effective only to the extent of nurturing existing values of international law as they are restrictively perceived through the parameters of air law. This book examines the offence of unlawful interference with international civil aviation and analyses critically the legal and regulatory regime that applies thereto, with a view to recommending measures that are calculated to infuse a new approach to the problem. Emphasis is laid throughout the work on action which may be taken to alleviate the problem of unlawful interference. Its conclusion incorporates various steps that can be taken towards achieving this objective. The author focuses on the core of the problem which has effectively precluded significant progress into inroads that would curb the threat terrorism in aviation: the attitude of the international community. The book therefore examines in limine the fundamental role of international law in the light of the United Nationals Congress of International Public Law of March 1995, and its effect on international criminal law. It then determines the applicable principles of State sovereignty and examines the principles of State responsibility. Its main purpose is to recommend the establishment of a new philosophy of international criminal law which transcends municipal boundaries. Academic, scholarly and judicial precedent for this book is the adduced in support of this argument. The book also examines the role of International Civil Aviation Organization (ICAO) as the regulatory body responsible for civil aviation, in the context of new approaches made by the international community towards the status of ICAO in aviation security. The practical value of this work essentially lies in the legal recommendations it makes at its conclusion, which are based on existing principles of international law. It will thus be invaluable not only to international and aviation lawyers, criminal lawyers (both international and national), security professionals and teachers and students of international law, but also to aviation industry executives and regulatory agency specialists whose responsibilities impinge on or are determined by existing and evolving legal and security measures.

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.

Following the terrorist attacks of September 11th 2001, there has been a plethora of legislation and acts resulting in security screening of airline passengers and their baggage to the deployment of newer and more updated security technologies, aimed at closing this alarming gap in security. This new book examines additional proposals and actions not only from Congress, but the FAA as well. Contents: Preface; Aviation Security Technologies and Procedures: Screening Passengers and Baggage; Selected Aviation Security Legislation in the Aftermath of the September 11 Attack; Vulnerabilities in, and Alternatives for, Pre-board Screening Security Operations; Terrorist Acts Demonstrate Urgent need to Improve Security at the Nations' Airports Operations; Weaknesses in Airport Security and Options for Assigning Screening Responsibilities; Vulnerabilities and Potential Improvements for the Air Cargo System; Transportation Security Administration Faces Immediate and Long-Term Challenges; Registered Traveller Program Policy and Implementation Issues; Index.

The law plays a significant role in ensuring aviation security. This book addresses new and emerging threats to civil aviation; evaluates security tools now in use such as the Public Key Directory, Advance Passenger Information, Passenger Name Record and Machine Readable travel documents in the context of their legal and regulatory background; and discusses applicable security treaties while providing an insight into the process of the security audits conducted by the International Civil Aviation Organization (ICAO). The book also examines issues of legal responsibility of States and individuals for terrorist acts of third parties against civil aviation and discusses from a legal perspective the latest liability Conventions adopted at ICAO. The Conclusion of the book provides an insight into the application oflegal principles through risk management.

The flying public, airlines, and governments will all agree on one date that changed commercial flying: that was September 11, 2001. The first edition of Aviation Law: Cases, Laws and Related Sources, described early consequences of that event, particularly compensation of victims and early tightening of aviation security. Subsequently laws and regulations affecting all aspects of aviation changed so rapidly that it became difficult to set a cut-off date for the second edition. The rapid flow of events made an update urgent. Several gaps in the materials of the first edition became evident as the book was used. The authors filled those gaps, pruned old materials and added much new material describing not only the later developments, but also evolving economics and flight technology. The objective of the case book is to offer a basic handbook for air law practitioners providing them with a starting point for almost any subject they may encounter. For example, a lawyer specializing in liability law will quickly be able to find basic materials on the International Civil Aviation Organization (ICAO), air carrier licensing, FAA certification, and labor law. The book continues to present aviation law from the American point of view. Thus the book will be valuable for foreign air lawyers who are guiding foreign airlines in service to the very important North American pool of air traffic. The book also explains the international scene to American air lawyers so that they may guide their clients who provide foreign service. New chapters on liability for cargo damage and for ground damages have been added and new materials on the legal rights of lessors, successors, actual carriers and code-shares. A chapter on environmental regulation of aviation noise and emissions is also new. All the main subjects listed in the first edition are significantly updated. The three authors are veteran transportation lawyers and continue their activities in this field.