Abstract
Air transport is a technology intensive and capital-intensive industry. However, at the same time, one must not ignore the fact that it is an industry which is responsible for the safety and security of humans. It is an industry which necessarily involves emotional intelligence and empathy for air passengers. As the previous discussions have shown with regard to human trafficking by air and related issues, air transport is no longer the simple carriage by air of the passenger from one point to another, but a composite product that takes care of vulnerable passengers. Through some initiatives, ICAO has demonstrated this fact.
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Notes
- 1.
Outlook to 2042, ICAO World Civil Aviation Report 2016, at 44. In 2015 3.5 billion passengers were carried by air worldwide. Id. 24.
- 2.
John Leahy, Chief Operating Officer, Airbus Industrie, Airbus Market Forecast 2010-2029, https://www.scribd.com/document/66638952/Airbus-Global-Market-Forecast-2010-2029.
- 3.
Richard fry, Millennials overtake Baby Boomers as America’s largest generation, April 26 2016, http://www.pewresearch.org/fact-tank/2016/04/25/millennials-overtake-baby-boomers/.
- 4.
Millennial Travel Trends: A Look at the Largest Generations’ Habits, HighTech Amsterdam, Talking Hospitality Tech, 28–30 March 2017, at http://www.hospitalitynet.org/news/4075929.html.
- 5.
The World Bank, in its January 2015 Report, expects overall, global growth to rise moderately, to 3.0% in 2015, and average about 3.3% through 2017. The Report posits that a growth rate of 2.2% will be seen in high income countries in 2015–2017, which would be an increase of 1.8% as against 2014, on the back of gradually recovering labour markets, ebbing fiscal consolidation, and still low financing costs. Growth is projected to gradually accelerate in developing countries, rising from 4.4% in 2014 to 4.8% in 2015 and 5.4% by 2017. See Global Economic Prospects: Having Fiscal Space and Using it, January 2015, at 21. For a detailed discussion, see Abeyratne (2017a), ISBN 978-3-319-61123-5.
- 6.
- 7.
The renowned science fiction writer Isaac Asimov envisioned a world where human-like robots would act like servants and would therefore need a set of programming rules to prevent them from causing harm. He propounded three laws of robotics in his short story “Runaround: a robot may not injure a human being or, through inaction, allow a human being to come to harm; a robot must obey the orders given it by human beings except where such orders would conflict with the First Law; a robot must protect its own existence as long as such protection does not conflict with the First or Second Laws. Some believe that there is a fourth law: a robot may not harm humanity, or, by inaction, allow humanity to come to harm. See Isaac Asimov, I Robot, The Gnome Press:1991. See also, After 75 years, Isaac Asimov’s Three Laws of Robotics need updating, The Conversation, March 17, 2017 at http://theconversation.com/after-75-years-isaac-asimovs-three-laws-of-robotics-need-updating-74501 In February 2007 The European Union made reference to Asimov’s laws on robotics in European Parliament resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL)). See http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2017-0051+0+DOC+XML+V0//EN.
- 8.
Magna Carta Libertatum (Medieval Latin for “the Great Charter of the Liberties”), commonly called Magna Carta (also Magna Charta; “(the) Great Charter”), is a charter agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. Magna Carta, which means ‘The Great Charter’, is one of the most important documents in history as it established the principle that everyone is subject to the law, even the king, and guarantees the rights of individuals, the right to justice and the right to a fair trial.
- 9.
Stephen Hawking says A.I. could be ‘worst event in the history of our civilization’,https://www.cnbc.com/2017/11/06/stephen-hawking-ai-could-be-worst-event-in-civilization.html.
- 10.
Elon Musk says global race for A.I. will be the most likely cause of World War III, https://www.cnbc.com/2017/09/04/elon-musk-says-global-race-for-ai-will-be-most-likely-cause-of-ww3.html.
- 11.
Predictions by theoretical physicist, trendwatcher and futurist Dr Michio Kaku, https://www.richardvanhooijdonk.com/en/predictions-theoretical-physicist-trendwatcher-futurist-dr-michio-kaku/.
- 12.
Matt Peckham, What 7 of the World’s Smartest People Think About Artificial Intelligence, TIME, May 5 2016. See http://time.com/4278790/smart-people-ai/.
- 13.
Cadie Thompson, Computers Will be Like Humans by 2029: Google’s Ray Kurzweil, Exponential Finance June 2-3, 2015. Kurzweil says: “When I say about human levels, I’m talking about emotional intelligence. The ability to tell a joke, to be funny, to be romantic, to be loving, to be sexy, that is the cutting edge of human intelligence, that is not a sideshow.” See https://www.cnbc.com/2014/06/11/computers-will-be-like-humans-by-2029-googles-ray-kurzweil.html.
- 14.
The Economist, 1843 June and July 2017, Teaching Robots Right from Wrong, 64–69 at 66.
- 15.
Ibid.
- 16.
The Tides of Mind: Uncovering the Spectrum of Consciousness, W. W. Norton & Company: New York, 2016.
- 17.
See David Von Drehle, In the Mind of Humankind, Artificial Intelligence: the Future of Humankind, TIME Special Edition, 2017, at 92.
- 18.
De Beistegui (2007), p. 48.
- 19.
- 20.
Machine learning is a subset of artificial intelligence which, through the use of algorithms and statistical analysis, enable machines to perform tasks with speed and efficiency. See Artificial Intelligence: The Future of Humankind, TIME Special Edition, at 7.
- 21.
Heise (2002), Chapter 2. See http://www.indiana.edu/~socpsy/papers/UnderstandingInteraction.htm.
- 22.
Turing (1950), pp. 433–460.
- 23.
See The History of Artificial Intelligence, History of Computing CSEP 590A, University of Washington December 2006. https://courses.cs.washington.edu/courses/csep590/06au/projects/history-ai.pdf.
- 24.
Supra, note 5. Ibid.
- 25.
Brynjolfsson and MCafee (2017).
- 26.
Artificial Intelligence in Aviation. What is it and when is it Coming? ICAO Now, 17 August 2006, athttps://www.icaonow.com.br/single-post/2017/04/16/Artificial-Intelligence-in-Aviation-What-is-it-and-when-is-it-coming-English-Practice.
- 27.
Ibid. Identified as at risk are physical jobs that are repetitive in nature and data collecting and processing jobs.
Less at risk further down the line are: physical unpredictable jobs and Jobs that require application of expertise. Jobs that are most difficult to replace are Jobs that involve emotional interaction with people. A separate study has concluded that the computer/digital revolution favours more skilled over less skilled workers and it reduces employment and constrains wage growth. See Tyson and Spence (2017), p. 171.
- 28.
SITA is a multinational information technology company providing information technology and telecommunication services to the air transport industry. The company provides its services to over 430 members and 2800 customers worldwide which is around 90% of the world’s airline business.
It is the world’s leading specialist in air transport communications and information technology.
- 29.
Air Transport Sector Turning to Artificial Intelligence, CXOtoday.com. Sep 26, 2017. See http://www.cxotoday.com/story/air-transport-sector-turning-to-artificial-intelligence/.
- 30.
- 31.
Back to the Unicopter, The Economist, November 4th–10th 2017, at 78.
- 32.
Global Air Traffic Management Operational Concept, ICAO Doc 9854, AN/458, First Edition:2005. This Concept was endorsed by ICAO’s Eleventh Air Navigation Conference held in 2003 under the Global Air Traffic Management (ATM) Operational Concept.
- 33.
Id. Chapter 1, at 1–3.
- 34.
An ICAO Working Group was working on the development of such a categorization to be included as a separate part of Annex 6 (Operations of Aircraft) to the Chicago Convention.
- 35.
Annex 1, Eleventh Edition, July 2011, Standard 1.2.5.1.
- 36.
Annex 6 Appendix 6, at 3.1.
- 37.
Screening is defined by Annex 17 to the Chicago Convention (Security) as “The application of technical or other means which are intended to identify and/or detect weapons, explosives or other dangerous devices, articles or substances which may be used to commit an act of unlawful interference. Infra, note 54.
- 38.
Supra, note 28.<?spieprPar117?>
- 39.
Stacey Yuen, A.I. is about to make the hassle of air travel a thing of the past, https://www.cnbc.com/2017/11/07/a-i-is-about-to-make-the-hassle-of-air-travel-a-thing-of-the-past.html.
- 40.
Phil le Beau, TSA certifies 3-D bag screeners designed to speed up airport security lines, https://www.cnbc.com/2017/09/12/tsa-approves-3d-bag-screeners-designed-to-speed-up-airport-security-lines.html.
- 41.
Cade Metz, How deep neural networks could improve airport security, The New York Times, 23 June 2017. See https://www.thestar.com/business/2017/06/23/how-deep-neural-networks-could-improve-airport-security.html The article in the New York Times goes on to say: “In theory, neural networks can accelerate the evolution of airport security, mainly because such systems can learn so quickly from data, relying less on individual rules and code painstakingly built by engineers. To help data scientists and machine-learning researchers train their algorithms, Homeland Security is supplying more than 1000 three-dimensional body scans”. Ibid.
- 42.
Annex 17 Safeguarding International Civil Aviation Against Acts of Unlawful Interference Tenth Edition, April 2017.
- 43.
Recommendation 2.5.1.
- 44.
Recommendation 2.5.2.
- 45.
Recommendation 2.5.3.
- 46.
Annex 9, Fifteenth Edition, October 2017, Standard 3.7.
- 47.
Id. Standard 3.10.
- 48.
Infra, note 53.
- 49.
Recommended Practice 9.1.
- 50.
Recommended Practice 9.2.
- 51.
Recommended Practice 9.3.
- 52.
Recommended Practice 9.4.
- 53.
API involves the capture of a passenger’s or crew member’s biographic data and flight details by the aircraft operator prior to departure. This information is electronically transmitted to the border control agencies in the destination or departure country. Thus, passenger and/or crew details are received in advance of the departure or arrival of the flight.
- 54.
The UN Security Council, in Resolution 2178 (2014), at paragraph 9, “[c]alls upon Member States to require that airlines operating in their territories provide advance passenger information to the appropriate national authorities in order to detect the departure from their territories, or attempted entry into or transit through their territories, by means of civil aircraft, of individuals designated by the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) (“the Committee”), and further calls upon Member States to report any such departure from their territories, or such attempted entry into or transit through their territories, of such individuals to the Committee, as well as sharing this information with the State of residence or nationality, as appropriate and in accordance with domestic law and international obligations.
- 55.
The UN/EDIFACT PAXLST message is a standard electronic message developed specifically, as a subset of UN/EDIFACT, to handle passenger manifest (electronic) transmissions. UN/EDIFACT stands for “United Nations rules for Electronic Data Interchange for Administration, Commerce and Transport.” The rules comprise a set of internationally agreed standards, directories and guidelines for the electronic interchange of structured data, and in particular that related to trade in goods and services between independent, computerized information systems. The WCO, IATA and ICAO have jointly agreed on the maximum set of API data that should be incorporated in the PAXLST message to be used for the transmission of such data by aircraft operators to the border control agencies in the destination or departure country. It is to be expected that the UN/EDIFACT standard may be supplemented by modern message techniques, such as international XML standards or web-based applications.
- 56.
Doc 9303 is on Machine Readable Travel Documents and comes in 12 parts. See https://www.icao.int/publications/pages/publication.aspx?docnum=9303.
- 57.
The World Customs Organization (WCO), established in 1952 as the Customs Co-operation Council (CCC) is an independent intergovernmental body whose mission is to enhance the effectiveness and efficiency of Customs administrations. Today, the WCO represents 182 Customs administrations across the globe that collectively process approximately 98% of world trade. As the global center of Customs expertise, the WCO is the only international organization with competence in Customs matters and can rightly call itself the voice of the international Customs community.
- 58.
The International Air Transport Association (IATA) is an international trade association of airlines. Its members comprise 83% of the total air traffic carried throughout the world.
- 59.
Standard 9.22.
- 60.
The PNRGOV message is a standard electronic message endorsed jointly by WCO/ICAO/IATA. Depending on the specific aircraft operator’s Reservation and Departure Control Systems, specific data elements which have been collected and stored by the aircraft operator can be efficiently transmitted via this standardized message structure.
- 61.
Standard 9.22.1.
- 62.
Annex 17, Standard 2.4.3.
- 63.
Id. 2.4.4.
- 64.
Annex 12, Eighth Edition: July 2004, Recommendation 3.1.7.
- 65.
Annex 11, Air traffic Services: Air Traffic Control Service; Flight Information Service; Alerting Service Fourteenth Edition, July 2016.
- 66.
Annex 13—Aircraft Accident and Incident Investigation, Eleventh Edition: July 2016.
- 67.
Id. Recommendation 5.8.
- 68.
See Abeyratne (2017b), pp. 1–13.
- 69.
See Abeyratne (2016), pp. 23–26 and 199–200.
- 70.
Supra, The text pertaining to note 17 already highlights the point being made. The discussion is carried on in further detail here.
- 71.
Regulating Artificial Intelligence, The Economist, The World in 2019, at 24.
- 72.
Supra, Connvention for the Suppression of Unlawful Seizure of Aircraft, Hague, 16 December 1970.<?spieprPar172?>
- 73.
Convention For The Suppression Of Unlawful Acts Against The Safety Of Civil Aviation, Signed At Montreal, On 23 September 1971 (Montreal Convention 1971).
- 74.
Zech (2018), at file:///C:/Users/tissaabe/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/SSRN-id3195676%20(1).pdf.
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Abeyratne, R. (2019). Regulating Artificial Intelligence. In: Legal Priorities in Air Transport. Springer, Cham. https://doi.org/10.1007/978-3-030-18391-2_12
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