AVIATION SECURITY
Legal and Regulatory Aspects
by Ruwantissa I.R. Abeyratne
The
various conventions which apply to the subject of unlawful interference
with civil aviation have proved only marginally effective. They have been
effective only to the extent of nurturing existing values of international
law as they are restrictively perceived through the parameters of air law.
Aviation Security examines the offense of unlawful interference with international civil aviation. It analyzes critically the legal and regulatory regime that applies to international civil aviation, and recommends measures that can bring a new approach to the problem. Emphasis throughout is on action which can alleviate the problem of unlawful interference.
The author focuses on the attitude of the international community--an attitude which has effectively precluded significant progress that would curb the threat of terrorism in aviation. The book therefore examines in limine the fundamental role of international law in the light of the United Nations 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.
Aviation Security recommends the establishment of a new philosophy of international criminal law which transcends municipal boundaries. In support of this argument, academic, scholarly and judicial precedent is cited. The book also examines the role of the 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 the book 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.
Contents
- Contents
- Preface
- Introduction
- Chapter 1: The growth of International Law and its Applicability to Air Law
- Chapter 2: The Elements of the Offence and Current Situation
- Chapter 3: Analysis of the Problem and its Legal Recognition
- Introductory comments; Unlawful interference; International
law and action
- Chapter 4: The Illicit Transport of Narcotic Drugs by Air and Narco-Terrorism
- Issues involved; Unlawful seizure of aircraft (hijacking)
Aircraft sabotage; Airport attacks; Missile attacks against aircraft; Policies
related to airline security; Deterrence and crime prevention policies;
Legal issues measures - a case study; Some international attempts at ensuring
peace and security in aviation: United National General Assembly resolutions;
Convention for the Prevention and Punishment of Terrorism (1937); Convention
on International Civil Aviation (Chicago Convention of 1944); United Nations
Charter; Other international conventions; The Bonn Declaration; A new convention
on the marking of plastic explosives for the purpose of detection; Comment;
- Conclusion
- Bibliography
- Research publications
- Index
- Introduction; The Opium wars; The Shanghai Commission; Recent
world trends in domestic drug traffic; United Nations initiatives; The
United Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances; ICAO initiatives; Recent efforts of the United
Nations; Comments; Conclusion: An overall view; The problem with treaties
and peaceful responses; An enhanced role for ICAO in aviation security;
A revision of the concept of sovereignty; An international criminal court;
An international convention/code
Ruwantissa I.R. Abeyratne, senior professional, International Civil Aviation Organization (ICAO), Montreal, Canada.
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