Aviation Security Law 航空安全法(100)

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In the absence of extra territoriality the only balancing factor in of State which orders the diversion of an aircraft over-.ying its territory, on the basis that persons therein are unacceptable is to have sound justi.cation for doing so in the interests of security and safety.
330Quoted in Morganthau and Thompson(1950, p. 24).
D. The Passenger Name Record  131
Advance passenger information and other methods of data processing of air travel .nd their fundamental legal roots within the Convention on International Civil Aviation of 1944331by promoting safety of .ight in international air naviga-tion and by the promotion of the developments of all aspects of civil aeronautics. This Convention was signed in Chicago and created the International CivilAviation Organization. The objectives of this organization are set forth in article 44 of the Convention which includes the more speci.cs aspects of facilitation and aviation security:
The aim and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and develop-ment of international air transport so as to:
(a)
Insure the safe and orderly growth of internationalcivil aviation throughout the world

(b)
Encourage the arts of aircraft design and operation for peaceful purposes

(c)
Encourage the developments of airways, airports, and air navigation facilities for international civil aviation

(d)
Meet  the needs of the peoples of the world for safe, regular, ef.cient and economical air transport

(e)
Prevent economic waste caused by unreasonable competition

(f)  
Insure that the rights of contracting States are fully respected and that every contracting State has a fair opportunity to operate international airlines

(g)
Avoid discrimination between contracting States

(h)
Promote safety of .ight in international air navigation

(i)  
Promote generallythe development of all aspects of international aeronautics332

In addition to ICAO’s objectives, the modern traveler requires rapid processing through the different stages of air transport, whether it implicates the air carrier’s processes or those set forth by the border control agencies. In article 22, the Chicago Convention recognizes the importance of facilitating its formalities with respect to each passenger:
Each contracting State agrees to adopt all practicable measures, through the issuance of special regulations or otherwise, to facilitate and expedite navigation by aircraft between the territories of contracting States, and to prevent unnecessary delays to aircraft, crews, passengers and cargo, especially the administration of the laws relating to immigration, quarantine, customs and clearance.333
To achieve such conditions of travel, States have adopted ICAO’s recommenda-tions into nationallaws but have as well implemented some extraterritorial applica-tions to the existing legislations of legality. For example, the United States by
331Convention on international Civil Aviation,7December 1944, ICAO Doc. 7300/8 (entered into
force 4 April 1947) (hereinafter: Chicago Convention).
332Chicago Convention, Art. 44.
333Chicago Convention, Art. 22.

Enhanced Border Security and Visa Reform Act,334 which objectives are to reform the US Patriot Act335 by different new technologies of data capturing such as biometrics. In fact, the government acknowledges the need for expedited clearance of passengers at airports using machine readable travel documents (MRTDs) technology. This should be used in a secure environment in order to ensure that the proper border control authorities remain the only agency in possession of such data. Furthermore, these procedures have been standardized on a worldwide basis and are currently being developed with the initiative of ICAO and ISO with new biometric procedures:336
　
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