9789041131157
Aviation Safety through the Rule of Law: ICAO's Mechanisms and Practices share button
J. Huang
Genre Engineering
Format Hardcover
Dimensions 6.40 (w) x 9.80 (h) x 0.80 (d)
Pages 280
Publisher Wolters Kluwer Law & Business
Publication Date July 2009
ISBN 9789041131157
Book ISBN 10 9041131159
About Book

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 mandated 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 submite effective ways to rationalize ICAO's quasi-legislative and enforcement function 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 consideration;

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; and

development of new technology, such as satellite-based navigation systems;

importance of the rule of law and the systems 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.