• Title/Summary/Keyword: ICAO policy

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Quantitative Safety Risk Assessment using Aviation Safety Data (항공안전데이터를 사용한 위해요인 위험도 정량적 평가기법)

  • Hyunjin Paek;Jun Hwan Kim;Jae Jin Lim;Sungjin Jeon;Young Jae Choi
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.30 no.4
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    • pp.145-158
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    • 2022
  • To manage State Safety Program (SSP) in a more integrative and proactive manner, an aviation safety authority of the state shall detect and assess the risk of emerging or hidden safety hazards before they provoke accidents or incidents(ICAO, 2018). In case of South Korea, safety risk assessment is conducted by calculating the likelihood and severity of the hazard following ICAO's safety management manual. It is reasonable to extract the safety risk likelihood by calculating the number of occurrence caused by the hazard. However, it is ambiguous to assess the safety risk severity defined as the extent of harm that might be expected to occur as a consequence of the identified hazard. In this paper, a safety risk assessment method which quantitatively calculates the risk of hazard using aviation safety data(i.e. aviation safety mandatory report, etc.) is proposed. By utilizing the proposed method, the existing process that safety risk is being subjectively assessed by safety inspectors can be supplemented. So that essential aviation safety policy decision making can be accomplished by the accurate result of safety risk assessment.

Some New Problems of International Aviation Security- Considerations Forcused on its Legal Aspects (최근국제항공보안대책(最近國際航空保安対策)의 제간제(諸間題) -특히 법적측면(法的測面)을 중심(中心)으로-)

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.53-75
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    • 1993
  • This article is concerned with the comment on "Some New Problems of International Aviation Security-Considerations Forcused on its Legal Aspects". Ever since 1970, in addition to the problem of failure to accept the Tokyo, Hague and Montreal Conventions, there has been also the problem of parties to them, failing to comply with their obligations under the respective treaties, in the form especially of nominal penalties or the lack of any effort to prosecute after blank refusals to extradite. There have also been cases of prolonged detention of aircraft, passengers and hostages. In this regard, all three conventions contain identical clauses which submit disputes between two or more contracting States concerning the interpretation or application of the respective conventions to arbitration or failing agreement on the organization of the arbitration, to the International Court of Justice. To the extent to which contracting States have not contracted out of this undertaking, as I fear they are expressly allowed to do, this promision can be used by contracting States to ensure compliance. But to date, this avenue does not appear to have been used. From this point of view, it may be worth mentioning that there appears to be an alarming trend towards the view that the defeat of terrorism is such an overriding imperative that all means of doing so become, in international law, automatically lawful. In addition, in as far as aviation security is concerned, as in fact it has long been suggested, what is required is the "application of the strictest security measures by all concerned."In this regard, mention should be made of Annex 17 to the Chicago Convention on Security-Safeguarding International Civil Aviation against Acts of Unlawful Intereference. ICAO has, moreover, compiled, for restricted distribution, a Security Manual for Safeguarding Civil Aviation Against Acts of Unlawful Interference, which is highly useful. In this regard, it may well be argued that, unless States members of ICAO notify the ICAO Council of their inability to comply with opecific standards in Annex 17 or any of the related Annexes in accordance with Article 38 of the 1944 Chicago Convention on International Civil Aviation, their failure to do so can involve State responsibility and, if damage were to insure, their liability. The same applies to breaches of any other treaty obligation. I hope to demonstrate that although modes of international violence may change, their underlying characteristics remain broadly similar, necessitating not simply the adoption of an adequate body of domestic legislation, firm in its content and fairly administered, but also an international network of communication, of cooperation and of coordination of policies. Afurther legal instrument is now being developed by the Legal Committee of ICAO with respect to unlawful acts at International airports. These instruments, however, are not very effective, because of the absence of universal acceptance and the deficiency I have already pointed out. Therefore, States, airports and international airlines have to concentrate on prevention. If the development of policies is important at the international level, it is equally important in the domestic setting. For example, the recent experiences of France have prompted many changes in the State's legislation and in its policies towards terrorism, with higher penalties for terrorist offences and incentives which encourage accused terrorists to pass informations to the authorities. And our government has to tighten furthermore security measures. Particularly, in the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescence to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. The general opinion is that the legal oystem could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the sovereign rights of states, and the human rights of the individuals. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co - ordinated measures.

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A Proposal on the Improvement of Obstacle Limitation Surface and Aeronautical Study Method (장애물 제한표면과 항공학적 검토방법의 제도 개선에 관한 제언)

  • Kim, Hui-Yang;Jeon, Jong-Jin;Yu, Gwang-Eui
    • The Korean Journal of Air & Space Law and Policy
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    • v.34 no.1
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    • pp.159-201
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    • 2019
  • Along with Annex 14 Volume I establishment in 1951 and the set-up of restriction surface around the runway, aeronautical technique and navigation performance achieved dazzling growth, and the safety and precision of navigation greatly improved. However, restrictions on surrounding obstacles are still valid for safe operation of an aircraft. Standards and criteria for securing safety of aircraft operating around and on airport is stated in Annex 11 Air Traffic Services and Annex 14 Aerodrome etc. In particular, Annex 14 Volume I presents the criteria for limiting obstacles around an airport, such as natural obstacles such as trees, mountains and hills to prevent collisions between aircraft and ground obstacles, and artificial obstacles such as buildings and structures. On the other hand, Annex 14 Volume I, in the application of the obstacles limitation surfaces, apply the exception criteria, as it may not be possible to remove obstacles that violate the criteria if the aeronautical study determines that they do not impair the safety and regularity of aircraft operation. Aeronautical study has been applied and implemented in various countries including United States, Canada and Europe etc. accordingly, Korea established and amended some provisions of the Enforcement rules of the Aviation Act and established the Aeronautical study guidelines to approve exceptions. However, because ICAO does not provide specific guidelines on procedures and methods of Aeronautical study, countries conducting aeronautical study have established and applied their own procedures and methods. Reflecting this realistic situation, at the 12th World Navigation Conference and at the 38th General Assembly, the contracting States demanded a reexamination of the criteria for current obstacle limitation surfaces and methods of aeronautical study, and the ICAO dedicated a team of experts to prepare new standard. This study, in line with the movement of international change in obstacle limitation surface and aeronautical study, aims to compare and analyze current domestic and external standards on obstacle limitation and height limits, while looking at methods, procedure and systems for aeronautical study. In addition, expecting that aeronautical study will be used realistically and universally in assessing the impact of obstacles, we would recommend the institutional improvement of the aeronautical study along with the development of quantitative analysis methods using the navigation data in the current aeronautical study.

Future of International Space Law in the 21st Century: De Lege Ferenda (21세기 국제우주법의 과제)

  • Kim, Han-Teak
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.185-209
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    • 2003
  • 이 논문은 21세기 우주개발로 인하여 제기되는 국제우주법의 장래 과제를 분석한 것이며 따라서 1967년 우주조약을 비롯한 기존의 5개 국제우주조약들과 '연성법'(soft law)으로서의 우주법인 5개의 UN결의들은 간략하게 소개하고 lex ferenda로서 제기되는 문제들을 중심으로 연구하였다. 21세기 국제우주법의 lex ferenda로 제기되는 문제는 다음과 같다. 첫째. 우주의 정의 및 경계획정문제와 지구정지궤도(GSO)의 성격과 활용의 문제가' 외기권 우주의 평화적 이용에 관한 위원회'(COPUOS)의 법률소위원회를 중심으로 어떻게 진행되고 있는가 하는 문제를 검토하였고, 둘째. 대기권 상공과 외기권 우주를 비행할 수 있는 새로운 우주운송수단으로 등장하고 있는 우주항공기(Aerospace Vehicle)가 기존의 항공법과 우주법의 관계에서 어떠한 법의 적용을 받아야 하는가의 문제를 검토하였다. 셋째. 그리고 통신위성을 이용하면서 발생하는 저작권법(copy right law) 및 지적재산권(intellectual property) 등의 문제 그리고 우주보험을 포함한 우주의 상업적 이용에서 발생하는 법규범의 문제를 검토하였고, 넷째. 우주활동으로 인해 발생하는 우주잔해(space debris)와 우주환경문제를 다루었다. 마지막으로 그리고 기타 국제우주법관련문제 특히 우주활동을 원활하게 수행하기 위한 '우주물체'(space objects)와 그와 관련된 용어들의 정확한 개념 정의를 명확하게 할 필요성과 우주의 상업적 이용과 우주의 오로지 평화적인 목적을 위하여 중요한 역할을 할 국제민간항공기구(ICAO)나 국제해사기구(IMO)와 같은 장래의 국제민간우주기구(International Civil Space Organization) 등의 설립문제를 검토하였다.

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The legal regime of air charter in china

  • Cheng, Chia-jui
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.163-186
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    • 2007
  • Charter flight in international air law has, from very beginning, not precisely defined by the International Civil Aviation Organization (lCAO) since 1947 when it came into being. By practice, the operation of charter traffic is, in its very beginning, the subject to the regulations of national rules and bilateral charter agreements (charter annex clause) within the framework of normal bilateral agreement of international air services. Taiwan had signed a series of bilateral air service agreement under the name of the Government of the Republic of China when Taiwan was recognized by the United Nations and major members of international community as the sole legal government representing China before 1971, but that situation was changed since then. Taiwan has only maintained diplomatic relations with 25 States, but maintained semi-official relations with major powers of the world. The former agreements were signed within the framework of the Vienna Convention on the Law of Treaties of 1969 while the latter agreements were signed within the framework of administrative and civil law of two countries which were not in the form of bilateral treaty signed by two sovereign States in its proper sense of international law. The legal regime of charter flights between Taiwan and Mainland China is regulated by special arrangements negotiated by delegated airlines and airlines association or private law institutions.

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A Research on the Civil Aviation Industry of China and the Design of Korea-China Aviation Cooperation (중국(中國)의 항공운송(航空運送) 및 제작산업(製作産業)과 한(韓) . 중(中) 협력방안(協力方案)에 대한 연구(硏究))

  • Park, O-Hwa;Hahn, Yeong-Hoon;Hong, Soon-Kil;Hurr, Hee-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.321-384
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    • 1993
  • The paper is to study and analyze the civil aviation industry of China and to present some cooperative and developing models between Korea and China in the fields of civil aviation on the basis of mutul benefit. In this study, civil aviation includes both the air transport industry and aircraft manufacturing industry. As it is not easy and realistic for us to conduct field survey on the civil aviation of China so far, this study has havily depended upon the literature data gathered from the ICAO and other published materials. This study includes the following major contents. 1. The historical development of China civil aviation 2. The present status and future prospect of Civil Aviation Adminstration of China(CAAC) 3. The present status of Chinese aircraft industry 4. Administration of airport and airspace of China 5. Air transport industry of China 6. The design of Korea-China civil aviation cooperation

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The Collapse of Warsaw Liability Limitation (항공운송인의 책임제한의 철폐)

  • Oh, Soo-Geun
    • The Korean Journal of Air & Space Law and Policy
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    • v.9
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    • pp.277-298
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    • 1997
  • Air transportation industry was established on a basis of liability limitation from the outset. Many treaties, however, had to be drafted since 1960' s to meet the need of the Unites States, who argued full compensation without limitation like other torts cases, but most of them were in vain. The Japanese Initiative in 1992, though being aimed to lower a level of compensation in air crash cases to that of other transportation accidents, showed a way to the U.S. how to solve the issue. Instead of obtaining an multilateral agreement through ICAO, the U.S. persuaded IATA to organize intercarrier consensus for voluntary waive the limitation. IATA succeeded in adopting Intercarrier Liability Agreement in 1995, in which carriers agreed not to use Warsaw limitation and accepted strict liability up to 100,000SDRs. Through a series of negotiation to implement the Intercarrier agreement, US DOT tried to insert a domicile standard provision to the agreement which enable US victims to be compensated according to the law of the U.S. regardless of the situation. IATA opposed the intent aggressively. The U.S. set back to the starting point remaining issues for further discussion. The liability limitation under the Warsaw system is being collapsed. It is the result of a simple logic; liability limitation cannot be maintained without appropriate compensation.

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The Impact of GHG Emission Trading System on Air Transport Industry and Implication in View of Regulatory Policy (규제정책의 관점에서 바라본 온실가스(GHG) 배출권거래제가 국내 항공운송산업에 미치는 영향)

  • Kim, Kwang-Ok;Park, Sung-Sik
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.27 no.1
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    • pp.57-68
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    • 2019
  • The emission trading system implemented in Korea is a system in which the government allocates or sells emission rights by setting the emission allowable amount to economic players subject to the emission trading system, allowing companies to freely trade shortfall or extra money through the emission trading market. Korea also had implemented its first emission trading system scheme period of time from 2015 to 2017. As a result of the first planning period in which total of seven Korean airlines were targeted, the emission amount was about 5.51 million KAU, while the quota amount was only about 4.85 million KAU, about 116% of the actual quota was emitted and Domestic airlines have incurred additional costs of about 10.7 billion won. Due to ICAO's implementation of CORSIA, the airlines are expected to have to shoulder additional costs because purchasing exceed quota will be increased in order to offset excess emissions not only on domestic but also on international routes. Thus, this paper had analyzed the characteristics of the carbon trading system of air transport industry and suggested a mix of regulatory policies as an improvement method.

A Study on the Regulation Improvement relevant to Aeronautical Information Services (국제기준에 따른 항공정보업무 관련 규정 개선에 관한 연구)

  • Kim, Do-Hyun;Lee, Kaug-Suk
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.91-110
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    • 2003
  • Aeronautical Information Service means a service established within the defined area of coverage responsible for the provision of aeronautical information/data necessary for the safety, regularity and efficiency of air navigation. Especially, in consequence of RNAV envelopment, the role and importance of aeronautical information/data has been increased constantly, therefore advanced RNP and navigation systems has been highly required simultaneously. International Civil Aviation Organization establishes SARPs to maintain aviation safety for every contracting states. Therefore, every contracting states should make an application of the aviation information and data in accordance with ICAO's SARPs, but each state is actually applied with each other regulations considered with each state's circumstance. At the result of these reason, it sometimes makes confuse to aircraft operator and effects significant aviation safety. The purpose of this study is to investigate SARPs of Annexes and rules of FAA relevant to Aeronautical Information Service(AIS), to compare them with Korean Aviation law and regulations related to AIS and then, to provide information for planing and decision-making to enhance them into the international standards.

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A Study on the 3rd Party Liability for the Damages Caused by the Aircraft - With respect to the 2009 Montreal Conventions (New Rome Convention) - (항공기에 의한 제3자 피해보상에 관한 고찰 - 2009 몬트리올 신로마협약을 중심으로 -)

  • Hong, Soon-Kil
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.3-17
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    • 2009
  • The Rome Convention System (1933, 1952, 1978) which deal the third party lability relating to damage caused by aircraft to third parties on the surface have not been so effective and successful like the Warsaw Convention System. This paper briefs the development of the Rome Convention System and the reasons of their failure which are the low level of the limit of liability and non-parties of major civil aviation states such as the United States, the United Kingdom, Japan, Germany and etc. The Diplomatic Conference hosted by ICAO at Montreal during April 20 to May 2 has successfully produced two Conventions; One is Convention on Compensation for Damage Caused by Aircraft to Third Parties (General Risk Convention), the other is Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference involving Aircraft (Unlawful Interference Convention). The major contents and some problems of these two Conventions are reviewed in comparison with the exisiting Rome Convention System and other legal system. Particularly, the entrance into force of the Unlawful Interference Convention may take some time, at least more than 5 years, due to the realistic problems arising from the operation of International Civil Aviation Fund.

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