By Ruwantissa Abeyratne
This ebook addresses an important hole within the regulatory regime, which supplies laws, statements and instructions on airways, airports, air navigation providers prone and States within the box of aviation, yet is significantly missing by way of the rights of the airline passenger, and the typical citizen who's threatened by way of army air moves. It addresses topics similar to overseas resolutions on human rights and different human rights conventions concerning aviation that effect either air delivery shoppers and folks at the floor who're threatened by means of air moves via drone assaults; disabled and overweight airline passengers; reimbursement for behind schedule carriage and the denial of carriage; noise and pollution brought on by aviation and their results on human overall healthiness; prevention of loss of life or damage to passengers and attendant compensatory rights; threat administration; reduction flights; and racial profiling. those matters are addressed opposed to the backdrop of actual case experiences that come with yet usually are not constrained to circumstances of drone assaults, and contentious flights within the 12 months 2014 corresponding to MH 370, MH 17 and QZ 8501.
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Extra resources for Aviation and International Cooperation: Human and Public Policy Issues
2 Understanding Risk Management The ICAO Task Force Report speaks of “risk assessments”. Current societal thinking is more geared toward considering risk as danger. Whoever takes on the task of developing best practices based on risk management of air transport over conflict zones has first to have a clear concept of what risk means. 74 Today’s risk society is the result of globalization where boundaries have been lifted and interaction between the State and private actors are both seamless and prolific.
39 (1920) RIAA vi. 42. 40 Id. 44. 1 Human Rights Covenants Relevant to Aviation 17 requirements set by such States. Article 12 on Rules of the Air provides that where flights over the high seas are concerned the rules prescribed under the Chicago Convention shall prevail. Those rules are contained in Annex 241 to the Convention. Technically, ICAO cannot take on the task of publishing advisories on navigation in airspace. That is not ICAO’s job, which is clearly enshrined in Article 44 of the Chicago Convention.
681. See Abeyratne (2014a), pp. 238–249. 1 Human Rights Covenants Relevant to Aviation 19 Therefore firstly, ICAO would have to, with the involvement of industry partners and other relevant players, establish the policy and procedure involved in information sharing. It would also have to consider the best way in which adequate training and knowledge can be passed on. The important issue though is not the logistics of establishing a senior level task force. Nor is it to have the task force come up with assessments and recommendations.