DOCSLIB.ORG

Compliance & Enforcement in International Law: Achieving Global

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Compliance & Enforcement in International Law: Achieving Global NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW Volume 30 Number 1 Article 1 Fall 2004 Compliance & Enforcement in International Law: Achieving Global Uniformity in Aviation Safety Paul Stephen Dempsey Follow this and additional works at: https://scholarship.law.unc.edu/ncilj Recommended Citation Paul S. Dempsey, Compliance & Enforcement in International Law: Achieving Global Uniformity in Aviation Safety, 30 N.C. J. INT'L L. 1 (2004). Available at: https://scholarship.law.unc.edu/ncilj/vol30/iss1/1 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Journal of International Law by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Compliance & Enforcement in International Law: Achieving Global Uniformity in Aviation Safety Cover Page Footnote International Law; Commercial Law; Law This article is available in North Carolina Journal of International Law: https://scholarship.law.unc.edu/ncilj/vol30/ iss1/1 Compliance & Enforcement in International Law: Achieving Global Uniformity in Aviation Safety Paul Stephen Dempsey* TABLE OF CONTENTS I. Introduction .......................................................................... 2 II. The Development of International Aviation Safety Law ......... 6 A. The Conventional Law of International Civil A viation .......................................................................... 6 B. International Standards as Soft Law, or Hard Law? ........ 13 C. Bilateral Requirements ................................................. 19 III. Domestic Compliance with International Aviation Safety R equirem ents ...................................................................... 20 A. To Comply, or Not to Comply: That is the Question ....... 20 B. Unilateral Oversight of State Compliance with International Obligations ............................................. 22 1. The Courts Clip the Wings of the United States: British Caledonianv. Bond...................................... 22 2. United States Airport Security Audits ...................... 25 3. United States Safety Audits ..................................... 27 C. Multilateral Oversight of State Compliance with International Obligations ............................................. 33 IV. The Substantive Aviation Safety Obligations Under International and Domestic Law ........................................ 38 A. Civil Aviation Authority: Establishment and A dm inistration ............................................................. 41 B. Agency Procedures ...................................................... 45 C. Personnel Licensing ..................................................... 48 D. Aircraft Airworthiness Certification ........................... 51 Tomlinson Professor of Global Governance in Air & Space Law, and Director of the Institute of Air & Space Law, McGill University. A.B.J. (1972), J.D. (1975), University of Georgia; LL.M. (1978) George Washington University; D.C.L. (1986) McGill University. Member of the Colorado, Georgia, and the District of Columbia bars. The author would like to thank Dr. Michael Milde and Catherine Zuzak for reviewing an earlier draft of this article and providing invaluable comments thereon. The views expressed herein are solely those of the author, however. N.C. J. INT'L L. & COM. REG. [Vol. 30 E. Nationality, Ownership, and Registration Requirem ents ............................................................... 54 F. Air Carrier Operator Certification ................................ 55 G. Air Carrier Economic Regulation ............................... 56 H. Schools and Approved Maintenance Organizations ........ 58 I. Air Navigation Facilities ............................................. 58 J. Transportation of Dangerous Goods ............................ 59 K. Penalties for Noncompliance ........................................ 59 V. The Theoretical Paradigm of Compliance with and Enforcement of International Law ..................................... 62 V I. C onclusion ........................................................................... 73 "It is generally agreed that it is true, in the purely technical field, a considerable measure ofpower can be exercised by, and indeed must be granted to, a world body."' I. Introduction Law without compliance and enforcement is like poetry - it is pleasing to the ear, but has little to do with the practical world in which we live.2 The study of efforts to achieve uniformity in international norms and compliance with international legal obligations reveals mixed success, even in areas where there is I Proceedings of the International Civil Aviation Conference (Nov. I-Dec.7, 1944); R.I.R. Abeyratne, Some Recommendationsfor a New Legal and Regulatory Structurefor the Management of the Offense of Unlawful Interference with Civil Aviation, 25 TRANSP. L.J. 115, 141 (1998). 2 Professor John Norton Moore put it more eloquently: For the rule of law is not simply normative systems and broad acceptance of the authoritativeness of such laws. Rather, it is such systems coupled with patterns of community compliance. And sadly, while many modem normative systems have patterns of high community compliance, others still have failure rates with catastrophic consequences for human dignity and progress. Surely, the greatest weakness of the contemporary international system is not the absence of authoritative norms, or underlying intellectual understanding about the need for such norms, but rather the all-too-frequent absence of compliance. John Norton Moore, Enhancing Compliance With International Law: A Neglected Remedy, 39 VA. J. INT'L L. 881, 884 (1999). Professor Dr. Michael Milde also put it well, writing that, "without enforcement law tends to lose its binding nature and degenerates into a pious statement of principles detached from the reality." Michael Milde, Enforcement of Aviation Safety Standards - Problems of Safety Oversight, 45 GER. J. AR& SPACE L. 3, 15 (1996). 2004] AVIATION SAFETY widespread consensus for the need to have international harmony. Given the inherent sovereignty of states, the heterogeneous levels of economic ability, and the diversity of political priorities, securing compliance with international obligations is rarely an effortless task.3 This article addresses legal norms governing international aviation safety, as well as both unilateral and multilateral efforts to achieve state compliance with those international legal obligations. Commercial international aviation provides a useful case study of how the world community seeks to achieve mutual self-interest by securing global harmony in law. The interplay between conventional international law, quasi-legal standards promulgated by international organizations, and national laws, regulations, and procedures offers insights as to how complex international enterprises, such as commercial aviation, play on the world stage. In 1944, the world community acknowledged the need to achieve safety in international aviation through uniformity in law4 by establishing an organization to govern international aviation, conferring upon it quasi-legislative power to prescribe standards governing international aviation safety, and obliging member states to implement these standards through their domestic laws Despite the efforts of major aviation nations and international organizations, those goals are only sluggishly being achieved. Thus, aviation safety can serve as a case study to inquire into the ability and willingness, on the one hand, or inability and unwillingness, on the other, of states to conform to their international obligations and the means by which they can be encouraged, or coerced, to comply. This inquiry is important for another less theoretical and more 3 See Paul Stephen Dempsey, Compliance and Enforcement in InternationalLaw - Oil Pollution of the Marine Environment by Ocean Vessels, 6 Nw. J. INT'L L. & Bus. 459, 485 (1984) [hereinafter Dempsey, Compliance and Enforcement in International Law]. 4 As Professor Dr. Michael Milde observed, "[c]ivil aviation could not have evolved without world wide uniformity in regulations, standards and procedures in relation of air navigation." Milde, supra note 2, at 4. 5 Paul Stephen Dempsey, The Role of the International Civil Aviation Organization on Deregulation, Discrimination & Dispute Resolution, 52 J. AIR L. & COM. 529, 533 (1987) [hereinafter Dempsey, The Role of the InternationalCivil Aviation Organization]. N.C. J. INT'L L. & COM. REG. [Vol. 30 practical reason. Safety and security are two sides of the same coin. The regulation of both is designed to avoid injuries to persons and property, and the deprivation of man's most valuable attribute - life. Yet the two are quite different, as well. Safety regulation focuses on preventing accidental harm. Security regulation focuses on preventing intentional harm. Like the common law difference between fault-based negligence and intentional torts, the latter involves more culpability than the former, and is deterred by more serious penalties. Since the tragic events of September 11, 2001, security has become a paramount concern in international aviation community.6 Yet a passenger is ten times more likely to lose his life in an aviation safety-related accident than in an aviation terrorist event.7 Hence, the study of aviation safety is of far more practical importance than the more emotionally driven study of aviation
Load more

Recommended publications
  • Aviation/ Aerospace Roundup
    Aviation/ Aerospace Roundup APRIL 2016 NEW DELHI • MUMBAI • CHENNAI • BENGALURU • HYDERABAD • AHMEDABAD • PUNE • KOLKATA • CHANDIGARH • GURGAON • GENEVA • LONDON I. REGULATIONS CHECK Leasing the “big bird” – Regulatory guidelines INTRODUCTION Aircrafts have the nationality of the State in which they are registered and this puts onus on the State of Registry to ensure that the aircraft on its civil register follow its laws and regulations even if it is operated outside its territory. With increasing instances of aircraft leasing and aircrafts frequently transcending national boundaries, it became pertinent to regulate this aspect and, therefore, the Chicago Convention on International Civil Aviation (“Chicago Convention”) was amended to incorporate Article 83 bis. Article 83 bis to the Chicago Convention provides for the transfer of certain safety oversight responsibilities (under air, radio licensing, certificates of airworthiness, and personnel licences) from the State of Registry to the State of the Operator, which are recognised by all States which have ratified Article 83bis . India has ratified Article 83bis and amended the relevant provisions of the Aircraft Rules, 1937. TYPES OF OPERATIONAL LEASING ARRANGEMENTS As defined in CAP 3200 dated August 2013, “Dry Lease” is a lease arrangement whereby a lessor provides an aircraft without crew to the lessee and “Wet Lease” is a lease arrangement whereby a lessor provides an aircraft with entire crew to the lessee for a specified period or a defined number of flights. A wet lease does not include a code sharing arrangement. A “Damp Lease” is a lease arrangement whereby a lessor provides an aircraft with partial crew to the lessee. The following tables provide details regarding these leases – A.
    [Show full text]
  • Aviation Law 2015 3Rd Edition
    ICLG The International Comparative Legal Guide to: Aviation Law 2015 3rd Edition A practical cross-border insight into aviation law Published by Global Legal Group, with contributions from: Alexander Holburn Beaudin + Lang LLP Locke Lord Edwards LLP Ali Budiardjo, Nugroho, Reksodiputro Maciel, Norman & Asociados Arnecke Siebold Rechtsanwälte Partnerschaftsgesellschaft McAfee & Taft Arte Law Firm MMMLegal - Legal Counsels Bahas, Gramatidis & Partners NDR – Neville de Rougemont & Associates Cabinet BOPS – SCP Bouckaert Ormen Passemard Ozturk & Partners Chacón & Rodríguez, S.C. Rojs, Peljhan, Prelesnik & Partners Christodoulou & Mavrikis Inc. Salazar & Asociados Condon & Forsyth LLP Studio Pierallini DDSA – De Luca, Derenusson, Schuttoff e Azevedo Taylor English Duma LLP Advogados Ventura Garcés & López-Ibor Abogados Dingli & Dingli Law Firm VISCHER AG Kaye Scholer LLP Worldwide Airports Lawyers Association (WALA) Kromann Reumert Kubes Passeyrer Attorneys at Law The International Comparative Legal Guide to: Aviation Law 2015 General Chapters: 1 The Use of Personal Data by the Commercial Aviation Industry – Alan Meneghetti, Locke Lord Edwards LLP 1 2 The Aviation Industry – Constant Change Leading to Tales of the Unexpected – Philip Perrotta, Contributing Editors Kaye Scholer LLP 4 Alan Meneghetti, Locke Lord Edwards LLP and Philip 3 Recent Developments in U.S. Aviation Law – 2015 – Unmanned Aircraft Systems Perrotta, Kaye Scholer LLP – Donald R. Andersen, Taylor English Duma LLP 8 Head of Business Development 4 The Cape Town Convention: An Evolving Process (with Side Notes on Selected Issues) Dror Levy – Erin M. Van Laanen & Maria E. Gonzalez, McAfee & Taft 11 Sales Director 5 The Need to Extend WALA’s Presence in the Airport Industry – Alan Meneghetti & Michael Siebold, Florjan Osmani Worldwide Airports Lawyers Association (WALA) 16 Commercial Director Antony Dine Account Directors Country Question and Answer Chapters: Oliver Smith, Rory Smith Senior Account Manager 6 Argentina Maciel, Norman & Asociados: Rogelio N.
    [Show full text]
  • Aviation Law Review
    Aviation Law Review Sixth Edition Editor Sean Gates lawreviews © 2018 Law Business Research Ltd Aviation law Review Sixth Edition Reproduced with permission from Law Business Research Ltd This article was first published in August 2018 For further information please contact [email protected] Editor Sean Gates lawreviews © 2018 Law Business Research Ltd PUBLISHER Tom Barnes SENIOR BUSINESS DEVELOPMENT MANAGER Nick Barette BUSINESS DEVELOPMENT MANAGERS Thomas Lee, Joel Woods SENIOR ACCOUNT MANAGER Pere Aspinall ACCOUNT MANAGERS Sophie Emberson, Jack Bagnall PRODUCT MARKETING EXECUTIVE Rebecca Mogridge RESEARCHER Keavy Hunnigal-Gaw EDITORIAL COORDINATOR Hannah Higgins HEAD OF PRODUCTION Adam Myers PRODUCTION EDITOR Tessa Brummitt SUBEDITOR Gina Mete CHIEF EXECUTIVE OFFICER Paul Howarth Published in the United Kingdom by Law Business Research Ltd, London 87 Lancaster Road, London, W11 1QQ, UK © 2018 Law Business Research Ltd www.TheLawReviews.co.uk No photocopying: copyright licences do not apply. The information provided in this publication is general and may not apply in a specific situation, nor does it necessarily represent the views of authors’ firms or their clients. Legal advice should always be sought before taking any legal action based on the information provided. The publishers accept no responsibility for any acts or omissions contained herein. Although the information provided is accurate as of July 2018, be advised that this is a developing area. Enquiries concerning reproduction should be sent to Law Business
    [Show full text]
  • Aviation Week & Space Technology
    STARTS AFTER PAGE 34 Using AI To Boost How Emirates Is Extending ATM Efficiency Maintenance Intervals ™ $14.95 JANUARY 13-26, 2020 2020 THE YEAR OF SUSTAINABILITY RICH MEDIA EXCLUSIVE Digital Edition Copyright Notice The content contained in this digital edition (“Digital Material”), as well as its selection and arrangement, is owned by Informa. and its affiliated companies, licensors, and suppliers, and is protected by their respective copyright, trademark and other proprietary rights. Upon payment of the subscription price, if applicable, you are hereby authorized to view, download, copy, and print Digital Material solely for your own personal, non-commercial use, provided that by doing any of the foregoing, you acknowledge that (i) you do not and will not acquire any ownership rights of any kind in the Digital Material or any portion thereof, (ii) you must preserve all copyright and other proprietary notices included in any downloaded Digital Material, and (iii) you must comply in all respects with the use restrictions set forth below and in the Informa Privacy Policy and the Informa Terms of Use (the “Use Restrictions”), each of which is hereby incorporated by reference. Any use not in accordance with, and any failure to comply fully with, the Use Restrictions is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum possible extent. You may not modify, publish, license, transmit (including by way of email, facsimile or other electronic means), transfer, sell, reproduce (including by copying or posting on any network computer), create derivative works from, display, store, or in any way exploit, broadcast, disseminate or distribute, in any format or media of any kind, any of the Digital Material, in whole or in part, without the express prior written consent of Informa.
    [Show full text]
  • AEROSPACE July Cover.Indd
    www.aerosociety.com ‘X’ MARKS THE SPOT ONBOARD THE A350 AS IT ENTERS FINAL TESTING August 2014 CIVIL UAVs AND THE LAW SYRIA’S AIR FORCE HONEYWELL AT 100 YEARS THE NATIONAL AEROSPACE LIBRARY FARNBOROUGH FULL LIBRARY CATALOGUE NOW AVAILABLE ONLINE. VISIT WWW.AEROSOCIETY.COM/NAL TO BROWSE THE COLLECTION The National Aerospace Library houses an extensive collection devoted to aeronautics, aviation and aerospace technology. This includes: › Over 20,000 aeronautical books › A vast collection of key aviation journals › Over 40,000 technical reports › Extensive holdings of Air Publications, ATA handling notes and air accident reports › Extensive current holdings of International Civil Aviation Organization (ICAO) Documents / Annexes / Circulars › Notices to Airmen / The Air Pilot / UK Aeronautical Information Publication (AIP) › A complete set of Jane’s All The World’s Aircraft › Historically important past minutes of the Society of British Aircraft Constructors / Aerospace Companies (SBAC) Council and its various committees dating from 1916-2000 › Located at Farnborough Business Park, in the former Royal Aircraft Establishment Building now known as ‘The Hub’ www.aerosociety.com/nal The National Aerospace Library The Hub, Fowler Avenue, T +44 (0)1252 701038 Opening hours Farnborough Business Park, E [email protected] Tuesday - Friday 10:00 - 16:00 Farnborough, Hants GU14 7JP www.aerosociety.com/nal United Kingdom Volume 41 Number 8 August 2014 Boeing Green dreams Honeywell Honeywell at 100 Boeing tests of Future technology new environmental under development at performance technology 20 Honeywell. 28 on a series of different aircraft platforms. Contents Correspondence on all aerospace matters is welcome at: The Editor, AEROSPACE, No.4 Hamilton Place, London W1J 7BQ, UK [email protected] Comment Regulars 4 Radome 12 Transmission The latest aviation and Your letters, emails, tweets aeronautical intelligence, and feedback.
    [Show full text]
  • Overview of Canadian Registered Aircraft (As of December 31, 2020)
    Catalogue no. 11‑621‑M ISSN 1707‑0503 ISBN : 978‑0‑660‑38413‑9 Analysis in Brief Overview of Canadian Registered Aircraft (as of December 31, 2020) Release date: May 13, 2021 How to obtain more information For information about this product or the wide range of services and data available from Statistics Canada, visit our website, www.statcan.gc.ca. You can also contact us by Email at STATCAN.infostats‑[email protected] Telephone, from Monday to Friday, 8:30 a.m. to 4:30 p.m., at the following numbers: • Statistical Information Service 1‑800‑263‑1136 • National telecommunications device for the hearing impaired 1‑800‑363‑7629 • Fax line 1‑514‑283‑9350 Depository Services Program • Inquiries line 1‑800‑635‑7943 • Fax line 1‑800‑565‑7757 Standards of service to the public Note of appreciation Statistics Canada is committed to serving its clients in a prompt, Canada owes the success of its statistical system to a reliable and courteous manner. To this end, Statistics Canada long‑standing partnership between Statistics Canada, the has developed standards of service that its employees observe. citizens of Canada, its businesses, governments and other To obtain a copy of these service standards, please contact institutions. Accurate and timely statistical information Statistics Canada toll‑free at 1‑800‑263‑1136. The service could not be produced without their continued co‑operation standards are also published on www.statcan.gc.ca under and goodwill. “Contact us” > “Standards of service to the public.” Published by authority of the Minister responsible for Statistics Canada © Her Majesty the Queen in Right of Canada as represented by the Minister of Industry, 2021 All rights reserved.
    [Show full text]
  • Recent Cases and Developments in Aviation Law Donald R
    Journal of Air Law and Commerce Volume 60 | Issue 1 Article 2 1994 Recent Cases and Developments in Aviation Law Donald R. Andersen Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Donald R. Andersen, Recent Cases and Developments in Aviation Law, 60 J. Air L. & Com. 3 (1994) https://scholar.smu.edu/jalc/vol60/iss1/2 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. RECENT CASES AND DEVELOPMENTS IN AVIATION LAW DONALD R. ANDERSEN* TABLE OF CONTENTS I. JURISDICTION ................................ 5 A. SUBJECT-MATTER JURISDICTION .............. 5 B. FOREIGN SOVEREIGN IMMUNITIES ACT ....... 7 C. FORUM NON CONVENIENS ................... 8 D. FEDERAL REMOVAL .......................... 9 II. PREEM PTION ................................. 14 A. PRODUCTS LIABILITY ........................ 14 B. AIRLINE DEREGULATION ACT ................ 26 1. PersonalInjury or Wrongful Death Claims .................................. 26 2. Air CarrierBusiness Practice Claims ...... 34 3. Air CarrierEmployment Practice Claims ... 39 4. Implied Preemption of Air Carier Claims.. 43 III. WARSAW CONVENTION AND AIR CARRIER LIABILITY ..................................... 51 A. WARSAW JURISDICTION, PREEMPTION AND REMOVAL ................................... 51 B. PRACTICE AND PROCEDURE UNDER WARSAW CONVENTION ............................... 53 1. Notice of Liability Limitations ............ 53 * Partner, Drew, Eckl & Farnham, Atlanta, Georgia; B.E.S., Georgia Institute of Technology, with honors 1973;J.D., University of Georgia School of Law, cum laude, 1976, Order of the Coif, Articles Editor, Georgia Law Review 1975-76; member, The Florida Bar and State Bar of Georgia.
    [Show full text]
  • British Imperial Policy and the Indian Air Route, 1918-1932
    British Imperial Policy and the Indian Air Route, 1918-1932 CROMPTON, Teresa Available from Sheffield Hallam University Research Archive (SHURA) at: http://shura.shu.ac.uk/24737/ This document is the author deposited version. You are advised to consult the publisher's version if you wish to cite from it. Published version CROMPTON, Teresa (2014). British Imperial Policy and the Indian Air Route, 1918- 1932. Doctoral, Sheffield Hallam Universiy. Copyright and re-use policy See http://shura.shu.ac.uk/information.html Sheffield Hallam University Research Archive http://shura.shu.ac.uk British Imperial Policy and the Indian Air Route, 1918-1932 Teresa Crompton A thesis submitted in partial fulfilment of the requirements of Sheffield Hallam University for the degree of Doctor of Philosophy January 2014 Abstract The thesis examines the development of the civil air route between Britain and India from 1918 to 1932. Although an Indian route had been pioneered before the First World War, after it ended, fourteen years would pass before the route was established on a permanent basis. The research provides an explanation for the late start and subsequent slow development of the India route. The overall finding is that progress was held back by a combination of interconnected factors operating in both Britain and the Persian Gulf region. These included economic, political, administrative, diplomatic, technological, and cultural factors. The arguments are developed through a methodology that focuses upon two key theoretical concepts which relate, firstly, to interwar civil aviation as part of a dimension of empire, and secondly, to the history of aviation as a new technology.
    [Show full text]
  • In-Flight Crimes, the Tokyo Convention, and Federal Judicial Jurisdiction, 35 J
    Journal of Air Law and Commerce Volume 35 | Issue 2 Article 2 1969 In-Flight Crimes, The okyT o Convention, and Federal Judicial Jurisdiction Jacob M. Denaro Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Jacob M. Denaro, In-Flight Crimes, The Tokyo Convention, and Federal Judicial Jurisdiction, 35 J. Air L. & Com. 171 (1969) https://scholar.smu.edu/jalc/vol35/iss2/2 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. IN-FLIGHT CRIMES, THE TOKYO CONVENTION, AND FEDERAL JUDICIAL JURISDICTION By JACOB M. DENAROt I. INTRODUCTION A T TOKYO in 1963, a specialized agency of the United Nations 1 drafted a convention directed against offenses committed on board aircraft. The United States is signatory to that convention; but neither that sovereign nor a requisite number of States necessary to effectuate the document have as yet ratified the Tokyo Convention. Whether the Conven- tion should be ratified is a matter seriously being considered by the United States Government. The decision is dependent on two vital factors. First, it depends upon the ability of the Convention to respond to serious de- ficiencies presently existent in international criminal air law. Second, it depends upon the capacity of federal law to complement the Convention in areas which are intrinsically related to the subject matter of that docu- ment but which are, because of their inherently domestic nature, inappro- priate areas for a multilateral treaty.
    [Show full text]
  • EASA Part 145 Approved Organization Egyptair Maintenance
    Code of Federal Regulation (CFR) Air TitleShow 14: Aeronauticsand and Space PART 145 – Repair Stations Aviation Expo EgyptAir Maintenance & Engineering Training Course Code of Federal Regulation (CFR) Title 14: Aeronautics and Space PART 145 – Repair Stations (Ref.14CFR ch.1 (1-1-09 Edition) Training Course Ref. QA/FAR 145/Inspectors/0111 EASA Part 145 Approved Organization Ref. QA /FAR 145/ inspectors / 0111 1 Code of Federal Regulation (CFR) Air TitleShow 14: Aeronauticsand and Space PART 145 – Repair Stations Aviation Expo Content • Introduction • Part 145 – Repair Stations. • Part 43 – Rules Governing Maintenance, Preventive Maintenance, Rebuilding, and Alteration • Repair station manual • Training program manual Ref. QA /FAR 145/ inspectors / 0111 2 Code of Federal Regulation (CFR) Air TitleShow 14: Aeronauticsand and Space PART 145 – Repair Stations Aviation Expo Introduction • The management of change CAA AMO Organization structure Applicable regulation Facilities M.O.E. Quality documents Personnel Ref. QA /FAR 145/ inspectors / 0111 3 Code of Federal Regulation (CFR) Air TitleShow 14: Aeronauticsand and Space PART 145 – Repair Stations Aviation Expo Introduction (cont.) AMO product and product features. AMM Record Ref. QA /FAR 145/ inspectors / 0111 4 Code of Federal Regulation (CFR) Air TitleShow 14: Aeronauticsand and Space PART 145 – Repair Stations Aviation Expo Introduction (cont.) Managing Quality Functions Quality Management Quality System Quality Quality Control Assurance ECAA - FAA EASA Inspection Audit Ref. QA /FAR 145/ inspectors / 0111 5 .. Code of Federal Regulation (CFR) Air TitleShow 14: Aeronauticsand and Space PART 145 – Repair Stations Aviation Expo Introduction (cont.) Definitions Inspection: A critical examination of an event or object for conformance with a standard.
    [Show full text]
  • The KAL 007 Incident As an Event in the Evolution of International Law by JOHN ANDREW MORTON B.A
    The KAL 007 Incident As An Event In The Evolution of International Law BY JOHN ANDREW MORTON B.A. May 1969, Wofford College J.D. December 1974, University of South Carolina School of Law A Thesis submitted to The Faculty of The National Law center of The George Washington University ;n partial satisfaction of the Requirements for the degree of Master of Laws September 22, 1985 Thesis directed by Dr. Mallison Professor of Law TAB LEO F CON TEN T S I. I NTRODUCTI ON 1 A. The Facts 1 B. International Condemnation 1 C. Soviet Explanations 5 D. Response by the International Community 9 II. THE HISTORICAL CONTEXT 15 A. Sovereingnty 15 B. The World War I Era - The Paris Convention of 1919 18 C. World War II - The Chicago Convention of 1944 23 III. THE POST WORLD WAR II ERA - THE BEGINNING OF INTERNATIONAL CUSTOM AND PRACTICE - THE INCIDENTS 29 A. Yugoslavian - United states 30 B. U.S.S.R. - France 32 C. China - Great Britian 34 D. Bulgaria - Israel 35 F. Israel - Libya 45 G. U.S.S.R. - South Korea 48 IV. THE CURRENT STATE OF THE LAW 51 A. Custom and Practice 51 B. the Effect of the Chicago Convention 56 C. The Legality of the Attack on KAL-007 -59 TAB LEO F CON TEN T S V. CONCLUSION 64 A. The Proposed Amendment to The Chicago Convention 64 B. The KAL-007 Incident and International Law 70 IV. FOOTNOTES 70 2 The KAL 007 Incident As An Event In The Evolution of International Law I.
    [Show full text]
  • Rsoos) for Global Aviation Safety
    Forum on Regional Safety Oversight Organizations (RSOOs) for Global Aviation Safety Ezulwini, Swaziland – 22-24 March 2017 Day 1 – Theme THREE: Practical Aspects of Operating Regional Mechanisms OPPORTUNITIES FOR RSOOs IN PROMOTING SAFETY AND EFFICIENCY IN CROSS-BORDER TRANSFERS OF AIRCRAFT (Panel contribution presented by the Aviation Working Group) EXECUTIVE SUMMARY SOMMAIRE In light of the growing number of cross border transfers À la lumière du nombre croissant de transferts transfrontaliers de marques de nationalité et of aircraft nationality registrations (XBTs), and initiatives of the International Civil Aviation d’immatriculation des aéronefs (transferts Organization (ICAO) in this area (including formation transfrontaliers) et des initiatives de l’Organisation de of an XBT Task Force), this paper provides background l’aviation civile internationale (OACI) dans ce domaine (y on XBT issues generally, with emphasis on those of compris la création d’un groupe de travail sur les transferts particular relevance to RSOOs. The paper concludes transfrontaliers), le présent document aborde le contexte with an analysis of why RSOOs should take special entourant les questions générales concernant les transferts note of the XBT Task Force work on establishing transfrontaliers, notamment celles touchant centers of excellence (potentially created by RSOOs) particulièrement les RSOO. Le document conclut avec une which an RSOO’s member states could utilize to help analyse des motifs pour lesquels les RSOO devraient porter discharge their XBT and other Chicago Convention une attention spéciale aux travaux du groupe de travail sur safety oversight responsibilities. les transferts transfrontaliers sur l’établissement de centres d’excellence (possiblement créés par les RSOO) que les Specifically, processes, documentation, and reliance on états membres d’un RSOO pourraient utiliser afin de paper records in connection with XBTs reflect an s’acquitter de leurs obligations relativement aux transferts outdated model of international air transport.
    [Show full text]