The right of the overflown state to divert or intercept civil aircraft under a bomb threat: an analysis with regard to Ryanair flight 4978

The purpose of this article is to discuss whether a state has a right to divert or intercept a foreign civil aircraft flying above its territory, when the aircraft is under a bomb threat. The analysis stems from the recent incident where a Ryanair passenger jet was diverted to Minsk while flying in Belarusian airspace; however, the article approaches the topic from a general perspective, analyzing the key applicable rules of international aviation safety and security law. The article argues that air sovereignty and national rules on aviation (the latter wherever such exist) provide states acting in good faith the right to divert or intercept foreign aircraft for security reasons. Meanwhile, Article 3 bis of the Chicago Convention does not recognize such a right. The right is also limited by international rules that oblige every state to assist aircraft in distress, as well as rules that emphasize the authority and responsibility of the pilot-in-command. Since mid-air interventions are so rare, the legality of states’ actions must be analyzed case-by-case. Regardless, the legal regime of international aviation does not allow states to respond to security threats in whatever way they please, especially if the threat is a mere pretext for politically motivated action.

SIA Quality Management System’ Manual

The safety investigation agency is a modern concept introduced in the transportation branch by ICAO, since Annex 13 to the Chicago Convention requires a separate safety investigation to be conducted by a Member State in case of serious occurrences, accidents and incidents, the main purpose being preventing future similar occurrences and increasing the safety level of the air operations. Such a body is subject to various tasks and limitations supporting the achievement of its targets, it is not a manufacturer or service supplier and it is not similar to other kind of governmental agencies. This paper should provide a model to develop guidance on QMS applied to the very specific case of a civil aviation safety investigation agency.

THE CONCEPT OF JURISDICTION IN THE AIR: TO WHAT EXTENT CAN IT BE UPHELD AGAINST UNRULY PASSENGERS IN INTERNATIONAL AIR TRANSPORT?

ABSTRACT Jurisdiction is essential for statehood along with the right to prescribe and enforce laws. Unruly behaviour may threaten air transportation security and safety, including the passenger safety, disrupts other passengers and crew causing delays and diversions. But due to loopholes on the existing laws, and lack of choice of jurisdiction, such offenses often remain unpunished. This article aims to seek the best role that Indonesia should take to implement its jurisdiction on aircrafts in international flights and to protect its citizens in international flight. It provides an overview and analysis of existing international and Indonesian legal instruments in handling unruly passengers and to support extended jurisdiction choices so unruly passengers and other related criminal activities can be regulated and punished as necessary to ensure the safety and security, including the Chicago Convention 1944 and the Annex 17 on Security, The Tokyo Convention 1963 and the Montreal Protocol 2014. Keywords: Air Law, Aviation, Aviation Security, Jurisdiction, Unruly Passengers ABSTRAK Esensi dari yurisdiksi penting bagi negara dalam menjalankan dan menegakan hukum. Perilaku tidak tertib dapat mengancam keamanan dan keselamatan transportasi udara, dimana di dalamnya terdapat unsur keselamatan penumpang, gangguan terhadap awak dan penumpang lainnya, serta dapat mengakibatkan keterlambatan dan diversi. Namun demikian, dengan adanya celah dalam hukum dan peraturan, serta minimnya pilihan yurisdiksi, tindakan tersebut sering tidak dikenakan hukuman. Artikel ini bertujuan mencari peran terbaik yang harus diambil Indonesia, dalam mengimplementasi yurisdiksinya di pesawat dan melindungi warga negaranya dalam penerbangan internasional. Artikel ini memberikan tinjauan umum dan analisis instrumen hukum Internasional dan hukum Indonesia yang menangani penumpang yang sulit diatur, termasuk di dalamnya Konvensi Chicago 1944 dan Annex 17 tentang Keamanan,Konvensi Tokyo 1963 dan Protokol Montreal 2014 . Kata Kunci: Aviasi, Hukum Udara, Keamanan Penerbangan, Penumpang yang Sulit Diatur, Yurisdiksi

NEW NORMAL AVIATION SAFETY: INTERNATIONAL REGULATIONS ON PREVENTION OF COVID-19 TRANSMISSION BY MEAN OF INTERNATIONAL AVIATION

Each party of the Chicago Convention 1944, the treaty governing international aviation, has agreed to take effective measures to prevent the spreading of diseases including the New CoronaVirus 2019 or COVID-19, which ruptures so many aspects of life. In fact, the current situation is not the first encounter of international aviation law with the same problem, combating dangerous and contagious disease pandemic. Before COVID-19, International aviation had to deal with highly contagious diseases such as Avian Influenza and Severe Acute Respiratory Syndrome (SARS). Now, states have learned better to keep in close consultation with the organizations that adopt international regulations relating to sanitary measures applicable to aviation. Due to the great danger to humankind, cutting the spreading of communicable diseases on international flights is not a mere legal obligation but also a moral responsibility to the human race as a whole. Keywords: Air Law, COVID 19, International Aviation, International Regulations, New Normal AbstrakNegara pihak dalam Chicago Convention 1944 sebagai salah satu sumber hukum internasional yang mengatur penerbangan internasional telah berkomitmen untuk mencegah penyebaran penyakit melalui penerbangan, termasuk juga penyebaran Novel Coronavirus 2019 atau disingkat COVID-19. Pandemik yang telah meluluhlantakkan berbagai aspek kehidupan tersebut, sebenarnya bukan merupakan situasi pertama yang dihadapi oleh dunia penerbangan internasional, pada khususnya. Sebelum pandemik COVID-19, telah terdapat berbagai macam penyakit yang menyebar, salah satunya melalui penerbangan, termasuk Flu Burung (Avian Influenza) dan Severe Acute Respiratory Syndrome (SARS). Saat ini, dengan demikian, negara telah memiliki pengalaman untuk mengadakan koordinasi dengan lembaga-lembaga internasional terkait tindakan saniter yang dapat diaplikasikan pada perjalanan pesawat. Pemutusan penyebaran penyakit menular melalui penerbangan internasional merupakan masalah moral sekaligus masalah hukum. Kata Kunci: COVID-19, Hukum Udara, Penerbangan Internasional, Regulasi Internasional, Normal Baru

Offshore Registration of Aircraft

INTRODUCTION. The concept of nationality of an aircraft is borrowed from the law of the sea; it is currently enshrined in the Chicago Convention on International Civil Aviation of 1944. Registration performs several functions: firstly, it allows the identification of an aircraft; secondly, it implies the obligation of the state of registration to control its operation; thirdly, it implies the responsibility of the state of registration in the event of failure to exercise such control.MATERIALS AND METHODS. The research was done on the basis of the Chicago Convention of 1944, Cape Town Convention on International Interests in Mobile Equipment 2001, Protocol on Matters Specific to Aircraft Equipment 2001, acts of Russian legislation and acts of offshore legislation, primarily Air Navigation Order 2013. The research involved historical method, methods of formal logic and comparative legal method. The main objective was to develop proposals aimed at increasing the attractiveness of the Russian registry.RESEARCH RESULTS. The Russian registration system has several shortcomings: lack of a codified act; presence of two authorities with overlapping competencies (the Interstate Aviation Committee and the Federal Air Transport Agency); high customs duties on the import of certain types of aircrafts. To this should be added the shortcomings relating to the organization of the registration process: a high degree of its bureaucratization, lengthiness, shortage of qualified specialists, etc. The registration of an aircraft in offshore, on the contrary, implies a number of advantages: speed and “friendliness”, confidentiality of beneficiary data, absence of VAT and customs duties, quality of airworthiness control.DISCUSSION AND CONCLUSIONS. The problem can be resolved imperatively – by fixing the strict obligation of airlines to register aircraft in the domestic registry under the threat of non-issuance or revocation of the operator’s certificate. If, however, this registry does not meet international standards, this measure will adversely affect the development of the aviation sector and the safety of transport. In this regard, the creation of a transparent, holistic and efficient registration system meets the interests of the state no less than the interests of airlines. With regard to the Russian Federation, achieving this goal involves completing a number of tactical tasks, aimed at simplifying formalities, ensuring recognition of the Russian registration system and stimulating trade turnover.

Polish-Russian Agreement from 1993, Its Omission in the Forming of the Process of Investigation on the Causes of Polish Air Force Tu-154 Crash in Smolensk and the Formula of Establishing the Agreement Between the Governments of the Polish Republic and Russian Federation on the Investigation on Its Causes According to the Rules of the Chicago Convention From 1944

On 10th April 2010 Polish Air Force Tu-154 carrying the President of the Republic of Poland Mr. Lech Kaczyński, the First Lady Maria Kaczyńska and 92 other high Polish officials and members of the crew, crashed in Smolensk. Following the crash, Polish and Russian governments by series of acts and omissions agreed for the investigation procedure according to the Chicago Convention from 1944, nothwithstanding the existence of the binding Polish-Russian agreement from 1993 applicable to military aircrafts.

Recent Development in International Treaties Relating to Aviation: New Standardization of International Air Law

Globalization is identified with the development of treaties into national domain law. Initially, such treaties did not appear as legal regulations but as standard/harmonized-setting for member states. Since the establishment of Chicago Convention on Civil Aviation, 1944, treaties on aviation keep developing well both on the aviation operational technique and economic aspect. Those treaties nowadays have turned into the source of international aviation law. Treaty has been one of the bases of domestic law for almost nations in the world. As a result, the global requirements need to be adjusted into national law of states. States are bound both legally and politically to verdicts of International organizations. The process of regulation and decision making in International organizations should be based on democratic procedures of member states either in the construction of final draft or in negotiation and arrangement of regulation or resolution drafts. Specifically, this article discusses recent development of international treaties relating to aviation from both operational and economic aspects. Following Assembly 39th Session, ICAO, member states of ICAO, including Indonesia, made several multilateral agreements. The ratification of International treaties should consider the effects on legal, political, and security aspects. For Indonesia, one of the aspects that should never be neglected is strategic airspace, both geographically and geopolitically.