Abstract
The human being at international law is collectively referred to as “humankind” encompassing all members of the human species as a whole, and it is in this context that the aviation perspective should look at the people affected by it both as a whole and in the singular context of the passenger carried by air. The Universal Declaration of Human Rights of the United Nations recognizes the inherent dignity and of the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world, and provides that everyone has the right to freedom of movement and residence within the borders of each state and everyone has the right to leave any country, including his own, and to return to his country. The Declaration also provides that everyone has the right to life, liberty and security of person, implying that such rights should not be arbitrarily taken away by any means.
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Notes
- 1.
Cancado Trinidade (2010), p. 281.
- 2.
Universal Declaration of Human Rights, UN: New York, 10 December 1948, Article 13.
- 3.
Id., Article 3.
- 4.
Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva from 21 April to 12 August 1949 The Convention entered into force on 21 October 1950.
- 5.
Resolution 2551 (XXIV). The Resolution was adopted by a vote of 77 in favor, 2 against with 17 abstentions.
- 6.
Resolution 2645 was adopted by 105 in favor, non against and 8 abstentions.
- 7.
A/RES/2645 (XXV), 30 November 1970. The Resolution was approved by the United Nations General Assembly on November 25, 1970 by a vote of 105 in favor, none against, and 8 abstentions.
- 8.
S/RES/286 (1976), 9 September 1970.
- 9.
A/RES/3034 (XXVII), 18 December 1972.
- 10.
Ibid.
- 11.
Ibid.
- 12.
A/RES/31/103, 21 January 1977.
- 13.
A/RES/34/145, 22 January 1980.
- 14.
Ibid.
- 15.
A/RES/40/61, 14 January 1986. United Nations Resolutions (Dusan. J. Djonovich ed. 7 Series), Volume XXIV, 1985–1986, p. 507.
- 16.
Ibid.
- 17.
S/RES/579 (1985), 18 December 1985.
- 18.
A/RES/42/159, 7 December 1987.
- 19.
Ibid.
- 20.
A/RES/44/29, 4 December 1989.
- 21.
Id. Clause 9.
- 22.
A/RES/46/51, 9 December 1991, Clauses 1 and 8.
- 23.
A/RES/48/122, 20 December 1993, Clause 2.
- 24.
Convention on International Civil Aviation signed at Chicago on 7 December 1944. See ICAO Doc 7300/9, 9th Edition: 2006.
- 25.
Article 3 bis provides as follows:
a) The contracting States recognize that every State must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered. This provision shall not be interpreted as modifying in any way the rights and obligations of States set forth in the Charter of the United Nations.
b) The contracting States recognize that every State, in the exercise of its sovereignty, is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority or if there are reasonable grounds to conclude that it is being used for any purpose inconsistent with the aims of this Convention; it may also give such aircraft any other instructions to put an end to such violations. For this purpose, the contracting States may resort to any appropriate means consistent with relevant rules of international law, including the relevant provisions of this Convention, specifically paragraph a) of this Article. Each contracting State agrees to publish its regulations in force regarding the interception of civil aircraft.
c) Every civil aircraft shall comply with an order given in conformity with paragraph b) of this Article. To this end each contracting State shall establish all necessary provisions in its national laws or regulations to make such compliance mandatory for any civil aircraft registered in that State or operated by an operator who has his principal place of business or permanent residence in that State. Each contracting State shall make any violation of such applicable laws or regulations punishable by severe penalties and shall submit the case to its competent authorities in accordance with its laws or regulations.
- 26.
On 21 February 1973 a sandstorm and mechanical problems combined to force a Boeing 727 (Libyan Arab Airlines Flight 114) flying from Tripoli to Cairo off-course, drifting east across the Suez Canal and over the Sinai Peninsula (then Israeli territory). Israeli interceptors were launched, and their pilots signalled to the Libyan plane to land; Flight 114’s crew instead turned west. The Israelis’ cannon fire damaged the plane, forcing it to make an emergency landing in the desert. Out of 113 people on board, 108 died. On 20 April 1978 a Boeing 707 operating Korean Airlines Flight 902 was ordered shot down after violating Soviet airspace. The damaged plane made an emergency landing on a frozen lake near the border of Finland. Only two of the 107 people on board died. On 3 September 1978, during the Rhodesian Bush War, guerrilla fighters used a surface-to-air missile to shoot down an Air Rhodesia plane (Flight 825) shortly after the Russian-made Strela 2 airliner took off from Kariba. After the plane crashed and broke up into pieces, the guerrillas located 10 people who were still alive and executed them. Only eight people on board survived.
- 27.
- 28.
For a detailed discussion on State responsibility see Abeyratne (2010a), pp. 177–211 at 195–209.
- 29.
The Corfu Channel Case, ICJ Reports, 1949, I.C.J.R. 1, p. 22.
- 30.
Id., p. 4.
- 31.
- 32.
Article 54 n) provides that the Council of ICAO has, as its mandatory duty, to consider any matter relating to the Convention which any contracting State refers to it.
- 33.
Article 84 stipulates: “if any disagreement between two or more contracting States relating to the interpretation or application of the Chicago Convention and its Annexes cannot be settled by negotiation, it shall, on the application of any State concerned in the disagreement, be decided by the Council. No member of the Council shall vote in the consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of the Council to an ad hoc arbitral tribunal agreed upon with the other parties to the dispute or to the Permanent Court of International Justice. Any such appeal shall be notified to the Council within sixty days of receipt of notification of the decision of the Council. Article 85 provides that If any contracting State party to a dispute in which the decision of the Council is under appeal has not accepted the Statute of the Permanent Court of International Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single arbitrator who shall name an umpire. If either contracting State party to the dispute fails to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of that State by the President of the Council from a list of qualified and available persons maintained by the Council. If, within thirty days, the arbitrators cannot agree on an umpire, the President of the Council shall designate an umpire from the list previously referred to. The arbitrators and the umpire shall then jointly constitute an arbitral tribunal. Any arbitral tribunal established under Article 84 or 85 shall settle its own procedure and give its decisions by majority vote provided that the Council may determine procedural questions in the event of any delay which in the opinion of the Council is excessive”.
- 34.
Brownlie (1990), p. 437.
- 35.
(1929), RIAA v. 516.
- 36.
Id., pp. 529–531.
- 37.
War is a state of armed conflict between different nations or states or different groups within a nation or State. See https://www.google.ca/#q=definition+of+war.
- 38.
Article 89 of the Chicago Convention. Ukraine had not advised the Council of ICAO of it situation.
- 39.
(1920) RIAA vi. 42.
- 40.
Id. 44.
- 41.
Annex 2 (Rules of the Air).
- 42.
Drazenovich and Skovira (2010), pp. 673–688.
- 43.
Id., p. 681.
- 44.
See Abeyratne (2014a), pp. 238–249.
- 45.
The fundamental principle of the International Red Cross is humanity. The Red Cross, born of a desire to bring assistance without discrimination to the wounded on the battlefield, endeavours—in its international and national capacity—to prevent and alleviate human suffering wherever it may be found. Its purpose is to protect life and health and to ensure respect for the human being. It promotes mutual understanding, friendship, co-operation and lasting peace amongst all peoples. See Proclamation of the Fundamental Principles of the Red Cross, http://www.icrc.org/eng/resources/documents/misc/fundamental-principles-commentary-010179.htm.
- 46.
For a detailed discussion on Flight MH 17 See Abeyratne (2014b), pp. 329–342.
- 47.
Convention on International Civil Aviation, signed at Chicago on 7 December 1944. See ICAO Doc 7300/9, Ninth Edition 2006. Article 9 also states that each contracting State reserves the right, in exceptional circumstances or during a period of emergency, or in the interest of public safety, and with immediate effect, temporarily to restrict or prohibit flying over the whole or any part of its territory, on condition that such restriction or prohibition shall be applicable without distinction of nationality to aircraft of all other States. A State may also require any aircraft entering its territory to effect a landing as soon as practicable at some designated airport within its territory and if necessary to effect a landing as soon as practicable thereafter at some designated airport within its territory.
- 48.
The Resolution irrelevantly refers to Article 3 bis of the Chicago Convention which imposes an obligation on States to refrain from resorting to the use of weapons against civil aircraft in flight. There is no evidence that either the Russian Federation or Ukraine shot down the aircraft operating Flight MH 17.
- 49.
C-WP/14220, Appendix B.
- 50.
Id., Paragraph 4.
- 51.
Id., Paragraph 7.
- 52.
Risk Assessment of Operations over Airspace Affected by Armed Conflict—Responsibility of States for Ensuring the Flight Safety of Civil Aircraft Within Their National and Delegated Airspace Over Armed Conflict Zones or Zones of Military Exercises, C-WP/14227, 20/10/14.
- 53.
Id., p. 4, Para 3.5.
- 54.
Id., Paragraphs 3.6 and 4.1. c).
- 55.
Article 94 of the Chicago Convention prescribes that any proposed amendment to the Convention must be approved by a two-thirds vote of the Assembly and shall then come into force in respect of States which have ratified such amendment when ratified by the number of contracting States specified by the Assembly. The number so specified shall not be less than two thirds of the total number of contracting States. If in its opinion the amendment is of such a nature as to justify this course, the Assembly in its resolution recommending adoption may provide that any State which has not ratified within a specified period after the amendment has come into force shall thereupon cease to be a member of the Organization and a party to the Convention.
- 56.
Global Air Traffic Management Operational Concept, Doc 9854 An/458, First Edition: 2005 at 2.1.2.
- 57.
Id. 2.1.6.
- 58.
Supra, note 46.
- 59.
Civil/Military Cooperation in Air Traffic Management, Cir 330 AN/189 at 3.1.2.
- 60.
Procedures for Air Navigation Services (PANS), Air Traffic Management, Doc 4444 ATM 501 at 2.1. Confusing air traffic signals and information may lead to the endangering of the safety of air navigation. The Federal Aviation Administration of the United States (FAA) had safety and national security concerns regarding flight operations in a portion of the Simferopol (UKFV) FIR concerning Ukraine and the Russian Federation. On March 28, 2014, the Russian Federation issued a Notice-to-Airmen (NOTAM) purporting to establish unilaterally a new FIR, effective April 3, 2014, in a significant portion of the Simferopol (UKFV) FIR. The affected airspace includes sovereign Ukrainian airspace over the Crimean Peninsula and the associated Ukrainian territorial sea, as well as international airspace managed by Ukraine over the Black Sea and the Sea of Azov under a regional air navigation agreement approved by the Council of ICAO. In response to the Russian Federation’s actions, Ukraine established a prohibited area over the Crimean Peninsula for flight operations below flight level 290 by means of a NOTAM and closed various ATS route segments. The Russian Federation further responded by the issuance of a NOTAM that rejected and directly conflicts with Ukrainian NOTAMs concerning the establishment of the prohibited area and the route segment closures. The FAA claimed that this action by the Russian Federation contradicted international law, including provisions of the Chicago Convention.
- 61.
Manual Concerning Interception of Civil Aircraft, Doc 9433-AN926 (Second Edition, 1990) at 3.1.4.1.
- 62.
Manual Concerning Safety Measures Relating to Military Activities Potentially Hazardous to Civil Aircraft Operations, Doc 9554-AN/932 First Edition: 1990 at 2.1.5.1.
- 63.
Id. 2.1.6.1.
- 64.
2013–2028 Global Air Navigation Capacity and Efficiency Plan, Doc 9750.
- 65.
Id. B1-30 Service Improvement through Integration of all Digital ATM Information.
- 66.
Id. 3.2.
- 67.
Id. 3.2.1 and 3.3.
- 68.
Article 89 states that In case of war, the provisions of this Convention shall not affect the freedom of action of any of the contracting States affected, whether as belligerents or as neutrals. The same principle shall apply in the case of any contracting State which declares a state of national emergency and notifies the fact to the Council.
- 69.
Doc 9554, supra, note 46 at 10.2 and 10.3.
- 70.
Resolution A38-12: Consolidated statement of continuing ICAO policies and associated practices related specifically to air navigation, Appendix I.
- 71.
Supra, note 49 at paragraph 1.
- 72.
Article 44.
- 73.
Article 44 d).
- 74.
Ulrich Beck, World Risk Society, 135 cited in Leloudas (2009), p. 11.
- 75.
Jarvis (2007), p. 32.
- 76.
Article 17 of the Montreal Convention of 1999 prescribes inter alia that the carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
- 77.
British Steamship Co. v. R [1921] 1 AC 99.
- 78.
Pan America World Airways Inc v. Aetna Casualty and Surety Co, [1974] 1 Lloyds Rep. 207 at 211.
- 79.
See Margo (2000), p. 338.
- 80.
[1919] 1 K.B. 307.
- 81.
Id. at 310.
- 82.
In March 2011, the United Nations Security Council adopted Resolution 1973 which inter alia decided to establish a ban on all flights in the airspace of the Libyan Arab Jamahiriya in order to help protect civilians. The Resolution also authorized Member States to take all necessary measures, to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi.
- 83.
Petras (2004).
- 84.
Smith v. Socialist Peoples’ Libyan Arab Jamahiriya, 866 F. Supp 306 (1995).
- 85.
See Hanlon (2007).
- 86.
The airline had two previous accidents. The first was in 1977 which occurred as a result of a hijacking and the other took place in 1995 where a plane crash landed.
- 87.
Malaysian Airline System Berhad, Annual Report 2012, at 012.
- 88.
INTERPOL today is based in Lyon, France, and counts 188 member countries. The core tenet of the organization has not wavered since its inception—INTERPOL is still in the business of fighting transnational crime.
- 89.
In June 2002, with the support of the United Nations Security Council, INTERPOL created the Stolen or Lost Travel Document database (SLTD) to register all reported stolen and lost documents in order to prevent their misuse. ICAO has endorsed the use of this database without explicitly requiring its member States to ensure that they use the database in the embarkation of passengers on commercial aircraft in the territories.
- 90.
- 91.
It is presumed that these two persons altered a genuinely issued document to make it fit the bearer who is not the person to whom the passport was issued See Machine Readable Passports—ICAO Doc 9303, Part I, Informative Appendix 3 to Section III at 2.2.
- 92.
Supra, note 91, Ibid.
- 93.
The International Civil Aviation Organization is the United Nations specialized agency dealing with international civil aviation. ICAO was established by the Convention on International Civil Aviation (Chicago Convention), signed at Chicago on 7 December 1944. Fifty-two States signed the Chicago Convention on 7 December 1944. The Convention came into force on 4 April 1947, on the thirtieth day after deposit with the Government of the United States. Article 43 of the Convention states that an Organization to be named the International Civil Aviation Organization is formed by the Convention. ICAO is made up of an Assembly, which is the sovereign body of the Organization composed of the entirety of ICAO member (Contracting) States, and a Council which elects its own president. The Assembly, which meets at least once every 3 years, is convened by the Council. The Council is a permanent organ responsible to the Assembly, composed of 36 Contracting States. ICAO has 191 Member States.
- 94.
- 95.
- 96.
A Standard is any specification for physical characteristics, configuration, materiel, performance, personnel or procedure, the uniform application of which is recognized as necessary for the safety or regularity of international air navigation and to which Contracting States will conform in accordance with the Chicago Convention. In the event if impossibility of compliance, notification to the Council is compulsory under Article 38 of the Convention. A Recommended Practice is any specification for physical characteristics, configuration, materiel, performance, personnel or procedure, the uniform application of which is recognized as desirable in the interests of safety, regularity or efficiency of international air navigation, and to which Contracting States will endeavour to conform in accordance with the Convention. These definitions are taken from Annex 17 (Security) to the Chicago Convention. See Annex 17 to the Convention on International Civil Aviation (Security)—Safeguarding International Civil Aviation Against Acts of Unlawful Interference Eighth Edition: April 2006 at (vi).
- 97.
Op.cit.
- 98.
- 99.
Standard 3.4.2.
- 100.
Standard 3.4.3.
- 101.
Annex 17 defines a security restricted area as an area of the airside of an airport which are identified as priority risk areas where in addition to access control, other security controls are applied. A security area includes all commercial passenger departure areas between the screening checkpoint and the aircraft. See Annex 17 to the Convention on International Civil Aviation, Eighth Edition: April 2006 at Chapter 1—Definitions.
- 102.
Ibid.
- 103.
Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, Doc 8973, Sixth Edition: 2002.
- 104.
Id. Chapter 1—Definitions at 1-1-4.
- 105.
Id. Chapter 4.2 at 1-4-7.
- 106.
Resolution A38-15 Consolidated statement of continuing ICAO policies related to aviation security, Appendix C.
- 107.
Ibid.
- 108.
Resolution A38-16 Consolidated statement of continuing policies and practices related to facilitation, Appendices B and C.
- 109.
For a discussion on the Public Key Directory see Abeyratne (2005), pp. 255–268.
- 110.
ICAO MRTD Report, Vol. 8, No. 2—Summer 2013 at 6.
- 111.
Vienna Convention on the Law of Treaties, which provides that such treaties shall be binding upon the Parties and be performed by them in good faith. The Vienna Convention further states that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty. Article 31.1 of the Vienna Convention on the Law of Treaties provides that “a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose”. See Vienna Convention on the Law of Treaties 1969, done at Vienna on 23 May 1969. The Convention entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331.
- 112.
Vienna Convention, Preamble.
- 113.
Gabcikove-Nagymaros Project case, ICJ Reports 1997, pp. 7 and 38.
- 114.
The machine readable passport (MRP) is a passport that has both a machine readable zone and a visual zone in the page that has descriptive details of the owner. The machine readable zone enables rapid machine clearance, quick verification and instantaneous recording of personal data. Besides these advantages, the MRP also has decided security benefits, such as the possibility of matching very quickly the identity of the MRP owner against the identities of undesirable persons, whilst at the same time offering strong safeguards against alteration, counterfeit or forgery. See Abeyratne (1992), pp 1–31. See Also, Abeyratne (2013), pp. 23–39.
- 115.
- 116.
On 19 January 2010, Mahmoud al-Mabhouh, considered to be a senior commander of Hamas, a radical Palestinian group, was assassinated at a hotel in Dubai in a manner usually employed by professionally trained military and secret service agencies. The assassins had used forged passports that belonged to Ireland, France, Germany and the UK—to coordinate their travel into Dubai from various parts of the world, synchronizing their arrival time from various flights into Dubai International Airport and checking into the hotel of the victim contemporaneously. See Abeyratne (2010b), pp. 32–45. Also published on line.
- 117.
- 118.
The Australian Government, which lead the search and recovery operations was bearing the cost but had sought contributions from other States. See http://the-conversation.com/who-will-bear-the-60m-cost-of-the-search-for-mh370-26050. It has been reported that the search and recovery operations had cost £25–30 m sterling as at May 2014. Most of the financial burden will be borne by the countries who have contributed their forces. Australia deployed a navy replenishment vessel, HMAS Success in early May. It cost AU$550,000 a day to operate, according to the Australian Department of Defence, amounting to $7.7 m ($7.2 m; £4.3 m) for the 2 weeks. See Missing Malaysian plane: How much will MH 370 search cost? http://www.bbc.com/news/world-asia-26927822.
- 119.
Article 54 n).
- 120.
See Oster and Strong (2007), pp. 15–16.
- 121.
Hurn (1989), p. 7.
- 122.
Id., p. 8. These satellites assist delivery vehicles and emergency vehicles in getting to their destinations under accurate and prompt guidance.
- 123.
For the full text of the Conclusions and Recommendations see http://www.icao.int/Meetings/GTM/Pages/Documentation.aspx.
- 124.
Air France Flight 447 (AF447/AFR447) was a scheduled, international, long haul passenger flight, operated by the Air France from Rio de Janeiro to Paris. On 1st June 2009 the flight was being operated by Air France with an Airbus A 330 aircraft and, just after 02:10 UTC, the aircraft crashed into the Atlantic Ocean. All 228 passengers, and crew (both technical and cabin crew), aboard the Airbus perished.
- 125.
See Airline Flight Tracking: The Need and Available Technologies, Global Tracking 2014-WP/1, 5/5/14 Revised 9/5/14, p. 2.
- 126.
International Standards for Global Flight Tracking, Global Tracking 2014-WP/3, 5/5/2014, p. 2.
- 127.
Id., p. 3.
- 128.
The International Air Transport Association, an association of air carriers, was formed in 1919 as the International Air Traffic Association. Encapsulated in IATA’s overall mission are 7 core objectives: to promote safe, reliable and secure air services; to achieve recognition of the importance of a healthy air transport industry to worldwide social and economic development; to assist the air transport industry in achieving adequate levels of profitability; to provide high quality, value for money, industry-required products and services that meet the needs of the customer; to develop cost effective, environmentally-friendly standards and procedures to facilitate the operation of international air transport; to identify and articulate common industry positions and support the resolution of key industry issues; and to provide a working environment which attracts, retains and develops committed employees.
- 129.
See Industry Initiative to Develop Options for Global Flight Tracking, Global Tracking 2014-WP/4, 7/5/14, pp. 1–2.
- 130.
The International COSPAS-SARSAT Programme, which cooperates with ICAO, the International Maritime Organization (IMO) and the International Telecommunications Union (ITU), is a satellite-based search and rescue (SAR) distress alert detection and information distribution system, established by Canada, France, the United States, and the former Soviet Union in 1979. It is best known as the system that detects and locates emergency beacons activated by aircraft, ships and backcountry hikers in distress. COSPAS-SARSAT is implementing a new MEOSAR system based on the use of search and rescue transponders on new global positioning systems (GPS), global navigation satellite systems (GLONASS) and GALILEO satellites and accompanied new ground segment. This new MEOSAR system will significantly improve the timeliness and accuracy of alerts provided by ELTs and allow for new services to be provided (e.g. return link services). In conjunction with the new MEOSAR system, COSPAS-SARSAT is developing a new second-generation beacon specification system.
- 131.
Aircraft Tracking—Different Issues at Stake, Global Tracking 2014-WP/5, 7/5/2014, pp. 4–5.
- 132.
Aircraft Tracking, Global Tracking 2014-WP/8, 9/5/14, p. 3.
- 133.
General Aviation Experience with Aircraft Tracking, Global Tracking 2014-WP/9, 9/5/14, pp. 1–2.
- 134.
Res A32-19, Charter on the Rights and Obligations of States Relating to GNSS Services. Assembly Resolutions in Force (as of 5 October 2001) Doc. 9790, pp. V-3.
- 135.
Andrade (2001), p. 89.
- 136.
GNSS Legal Framework—Contractual Framework for the Implementation, Provision, Operation and Use of the Global Navigation Satellite System for Air Navigation Purposes, AN-Conf/11-WP/153, 18/9/03.
- 137.
Legal Aspects of GNSS, AN-Conf/11-WP/143, 18/9/03.
- 138.
For an analysis of the liability of providers see generally, Abeyratne (1994), pp. 156–186.
- 139.
For an in depth discussion, see von der Dunk (2006), pp. 100–117 at pp. 101–103.
- 140.
Legal and Institutional Issues and the Status of CNS/ATM, AN-Conf/11-WP/160, 18/9/03.
- 141.
Recommendation 3 of LTEP. See Report of the Secretariat Study Group on Legal Aspects of CNS/ATM Systems, First Meeting, SSG-CNS/1-Report 9, April 1999, p. 4.
- 142.
Id., p. 3.
- 143.
Id., p. 5.
- 144.
Progress Report on the Work of the Secretarial Study Group on the Legal Aspects of CNS/ATM Systems, C-WP/12080, 7/11/03.
- 145.
Id., p. 3.
- 146.
See AN-Conf/11-WP/143.
- 147.
AN-Conf/11-WP/160.
- 148.
- 149.
Procedures for Air Navigation Services—Aircraft Operations. PAN-OPS are rules for designing instrument approach and departure procedures. Such procedures are used to allow aircraft to land and take off when instrument meteorological conditions (IMC) impose instrument flight rules (IFR).
- 150.
Enforcement in this context does not necessarily result in punishment for non-compliance. It means justification, judgment and cooperation towards achieving a uniform global regime that ensures a common practice. See Brunnee (2005), pp. 3–13.
- 151.
Articles 1 and 2 of the Chicago Convention, supra.
- 152.
Teitle (2011), p. 6.
- 153.
Dershowitz (2005).
- 154.
Id., p. 27.
- 155.
Article 53 states that a treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
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Abeyratne, R. (2015). Public Policy and Human Rights. In: Aviation and International Cooperation. Springer, Cham. https://doi.org/10.1007/978-3-319-17022-0_1
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DOI: https://doi.org/10.1007/978-3-319-17022-0_1
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-17021-3
Online ISBN: 978-3-319-17022-0
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