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Aviation Safety through the Rule of Law - ICAO's Mechanisms and Practices (Hardcover, New)
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Aviation Safety through the Rule of Law - ICAO's Mechanisms and Practices (Hardcover, New)
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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; and - development of new technology, such
as satellite-based navigation systems; - 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.
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