Aviation Safety through the Rule of Law

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:

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global ramifications of national and regional initiatives;

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auditing of state compliance with international standards;

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characterization of crimes against the safety of civil aviation;

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importance of ensuring that safety requirements are not compromised by profit
considerations;

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burgeoning of airline alliances, code-sharing and outsourcing activities;

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demands for simplification and unification of certain regulatory procedures;

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prohibition of the use of weapons against civil aircraft in flight;

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

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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.