Abstract
Competition and safety are integrally interlinked, in that an airline’s safety record would act in either promoting the services of an airline or diminishing the airline’s competitive advantage over other carriers which maintain a good safety record. The events of 2014 where aircraft either just disappeared or were shot down, and in one case could not survive adverse weather conditions and just crashed into the sea, have spurred the international community to initiate various measures such as the protection of safety information and warnings with regard to flights over conflict zones.
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Notes
- 1.
OECD:2013, Paris at 12.
- 2.
State of Global Aviation Safety, ICAO:2013 at 4.
- 3.
The ICAO Council, at the Fourth Meeting of its 188th Session convened on 26 October 2009, approved the convening of the First High Level Safety Conference at the level of Director General, Civil Aviation of member States. See C-DEC 188/4, 27/10/09 at 2. The purpose of the Conference was to bring together the appropriate level of senior management within States’ civil aviation authorities to build consensus, obtain commitments and formulate recommendations deemed necessary for the effective and efficient progress of key safety activities by ICAO and Contracting States. The agenda of the Conference had three main themes: (a) the foundations for global aviation safety; (b) towards the proactive management of safety; and, (c) harmonization of rules and processes to address other safety issues.
- 4.
See REPORT OF THE HIGH-LEVEL SAFETY CONFERENCE 2010 Montréal, 29 March–1 April 2010, Doc 9935, HLSC 2010, pp. 1–6 at Paragraph 37.
- 5.
Id. paragraph 39.
- 6.
REPORT OF THE HIGH-LEVEL SAFETY CONFERENCE (HLSC 2010), AN-WP/8496, 16/04/10, Appendix A, at A-4.
- 7.
- 8.
Montreal Declaration on Planning for Aviation Safety Improvement HLSC/15-WP/108, 5/2/15 at 3.
- 9.
Supra Chap. 1, note 5. Annex 19 to the Chicago Convention pertains to safety management systems.
- 10.
Balancing the Use and Protection of Safety Information, HLSC/15-WP/4, 8/10/14, p. 3 at paragraph 2.1.3.
- 11.
Safety Information Protection (sip), HLSC/15-WP/25, 20/11/14, at p. 3, paragraph 3.1.
- 12.
Protection of Safety Information, HLSC/15-WP/38 15/12/14, at p. 1.
- 13.
Id. p. 3 at paragraph 3.1.
- 14.
Peru, Argentina, Brazil, Colombia, Chile, Ecuador, Panama, Paraguay, Uruguay, Bolivia and Venezuela.
- 15.
Challenges for the Implementation of Safety Information Protection Measures, HLSC/15-WP/46 23/12/14, at p. 1, Paragraph 1.2.
- 16.
Id, p. 3 at Paragraphs 3.1 and 3.2.
- 17.
The Civil Air Navigation Services Organisation—is the global voice of air traffic management (ATM) worldwide. CANSO Members support over 85 % of world air traffic. Members share information and develop new policies, with the ultimate aim of improving air navigation services (ANS) on the ground and in the air. CANSO represents its Members’ views to a wide range of aviation stakeholders, including the International Civil Aviation Organization, where it has official Observer status. CANSO has an extensive network of Associate Members drawn from across the aviation industry.
- 18.
CANSO Guidelines on Just Culture, HLSC/15-WP/54 Appendix, at p. 1.
- 19.
Airports Council International (ACI) is the only global trade representative of the world’s airports. Established in 1991, ACI represents airports interests with Governments and international organizations such as ICAO, develops standards, policies and recommended practices for airports, and provides information and training opportunities to raise standards around the world.
- 20.
ACI Views on the Secretariat Working Papers, HLSC/15-WP/88 26/1/15 (Revised), at p. 2.
- 21.
Article 38 provides inter alia that any State which finds it impracticable to comply in all respects with any such international standard or procedure, or to bring its own regulations or practices into full accord with any international standard or procedure after amendment of the latter, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by an international standard, shall give immediate notification to ICAO of the differences between its own practice and that established by the international standard.
- 22.
The only exception is Annex 2 to the Chicago Convention on Rules of the Air.
- 23.
- 24.
Convention for the Unification of Certain Rules Relating to the International Carriage by Air, Signed at Warsaw on 12 October 1929, Schedule to the United Kingdom Carriage by Air Act, 1932; 22 & 23 Geo.5, ch. 36, reprinted in Annals of air and Space Law 2005 Vol. XXX Part 1 at 325.
- 25.
Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999, ICAO Doc. 9740.
- 26.
On Sunday 28 December of 2014 Air Asia flight QZ 8051 crashed into the Java Sea on its way from Surabaya to Singapore, killing all 162 passengers and crew on board. It was later reported that the flight did not have authorization to be operated on the route on Sundays since authorization had been withdrawn by the Indonesian authorities. Later, on 2 January 2015, the Indonesian authorities suspended Air Asia flights departing from Indonesian airport and brought in strict regulations and even stricter monitoring and supervision controls in its air transport system.
- 27.
Evolving Safety Analysis to Support Global Aviation Safety Strategies, HLSC/15-WP/5, 29/9/14.
- 28.
Id. at 1–2.
- 29.
Sharing Information on Risks to Civil Aviation Arising from Conflict Zones, HLSC/15-WP/13, 2/1/15.
- 30.
Id. Appendix C.
- 31.
HLSC/15-WP/102 Revised at 3. It must be noted that the Task Force appointed by ICAO to address the issue of a centralized capability to support the exchange of available information has advised that ICAO act as host of the information and that, in order to do so, and depending on the structure and complexity of the proposed system, ICAO would need to engage the services of additional staff, including senior personnel having signing authority, and comply with all staff rules regarding leave, training, etc. The Secretariat estimates that these costs, along with those required to supply essential office infrastructure (space, computers, etc.) and continuous IT support service, will require substantial contribution of funds from the member States of ICAO up to US $2.5 million. See HLSC/15-WP 33 at p. 4.
- 32.
Towards a Global Implementation of Safety Management, HLSC/15-WP/35, 15/12/14 at 4.
- 33.
Report of the Worldwide Air Transport Conference, Challenges and Opportunities of Liberalization, (Montreal, 24–28 March 2003) ICAO Doc 9819; ATConf/5 2003 at 42.
- 34.
Supra note 18 (this chapter).
- 35.
Second High Level Safety Conference 2015, Report, Doc 10046, HLSC 2015 at 3-1.
References
Abeyratne R (2014) Flight MH 17: the legal and regulatory fallout. Air Space Law 39(6):329–342
Abeyratne R (2015) Flight MH 370 and global flight tracking – the ICAO role in risk management. Zeitschrift fur Luft- und Weltraumrecht (German J Air Space Law) 64:2–51
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Abeyratne, R. (2016). Competition and Safety. In: Competition and Investment in Air Transport. Springer, Cham. https://doi.org/10.1007/978-3-319-24372-6_4
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