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Vol 21 No 9 Sept/Oct 2016

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Aviation Security

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Ruwantissa I.R. AbeyratneAir Transport Officer, International Civil Aviation Organization, Montreal, Canada

ISBN13: 9781840145441
ISBN: 1840145447
Published: April 1999
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

This work examines the offence of unlawful interference with international aviation and analyzes critically the legal and regulatory regime that applies thereto. It recommends measures that are calculated to infuse an alternative approach to these problems, with emphasis placed on action which may be taken to alleviate the problem of unlawful interference. The conclusion of the work incorporates various steps that may be taken towards achieving this objective.

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Part 1 The growth of international law and its applicability to air law: general overview - early stages of development, development of international law through treaties, applicability of treaty law to the Chicago Convention and its annexes, other sources of international law; the United Nations decade of international law - the United Nations General Assembly, the acceptance of international law by states, past achievements of the United Nations, resolution of 44/23 in action, the promotion of international law, the expansion of international law, subsequent United Nations resolutions, the United Nations Congress on Public International Law, dispute settlement in the United Nations system and its applicability to air law.
Part 2 The elements of the offence and current situation: unlawful interference - elements of the offence, international responses to the offence, nature of the offence, acts of international terrorism, acts of defence, nonviolent acts, random acts of violence, acts which aid and abet national terrorism, problems of deterrence, the practical solution, practical measures, legal measures, hijacking identified, hijacking and international conventions, acts of sabotage, surface to air missile attacks, armed attacks against airports and persons, narco-terrorism, a common thread; international law and action - the Chicago Convention, international conventions, emerging trends, some recommended practical measures, relevant legal issues to be examined, the legal status of a treaty.
Part 3 Analysis of the problem and its legal recognition: issues involved - status of international treaties, current trends in international air transport, the need for policy analysis; unlawful seizure of aircraft (hijacking); aircraft sabotage; airport attacks; missile attacks against aircraft; attacks against airports; policies related to airline security; deterrence and crime prevention policies - empirical studies of deterrence, theoretical bases, deterrence related to airline security, research design; legal issues measure - a case study, the Pan Am Case - the Pan Am case, the effect of United Nations Security Council resolutions on the international court of justice, scholastic views.
Part 4 Some international attempts at ensuring peace and security in aviation: United Nations 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 Geneva Convention on the High Seas (1958), concerted action under the auspice of the International Civil Aviation Organization - the Tokyo Convention (1963), the Hague Convention on Hijacking 1970, the Montreal Convention (1971). (Part contents)