Aviation Security Law 航空安全法(157)

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each Contracting State undertakes to provide such measures of assistance to aircraft in distress in its territory as it may .nd practicable, and to permit, subject to control by its own authorities, the owners of the aircraft or authorities of the State in which the aircraft is registered to provide such measures of assistance as may be necessitated by the circum-stances. Each Contracting State, when undertaking search for missing aircraft, will collab-orate in co-ordinated measures which may be recommended from time to time pursuant to this Convention.539
This principle gives effect to one of the oldest principles of customary interna-tional law,540 which incorporates principles of humanitarian law, falling under the category of International Humanitarian Law. At the time of its incorporation into the Chicago Convention, however, it was deemed one of the lesser signi.cant aspects of international law.
“Aircraft in distress” is not de.ned in the Chicago Convention or in other ICAO documents. In its report, the Ad Hoc Group of Experts on unlawful interference agreed that, regardless of the terminology used, the objective of assistance to aircraft indistress provided some sense of security for international civil aviation.541
The Convention de.nes its scope in Article 3:
(a)
This Convention  shall be applicable only to civil aircraft, and shall not be applicable to State aircraft;

(b)
aircraft  used in military, customs and police services shall be deemed to be State aircraft;

(c)  
no State aircraft of a Contracting State shall .y over the territory of another state or land thereon without authorization by special agreement or otherwise, and in accordance with the terms thereof; and

(d)
the  Contracting States undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft.

The Chicago Convention applies only to civil aircraft, to the exclusion of state aircraft.542 While the Convention de.nes state aircraft to include aircraft used in
539Chicago Convention of 1944, ICAO Doc 7300/6.
540McWhinney(1987, p. 131).
541Report of the Ad Hoc Group of Experts – Unlawful Interference, Montreal, ICAO Doc. AH-UI/2,

14–18 July 1986.
542Art. 3(a) of Chicago Convention of 1944, ICAO Doc 7300/6.

military, custom, or police services,543 it fails to de.ne a civil aircraft. All aircraft not devoted to military, customs and police services may be deemed to be civil aircraft, although it would not be incorrect to applyde.nitive boundaries to Article 3 in the light of the ambivalence of the provision.
Article 3(d) requires Contracting States, when issuing regulations for their state aircraft, to have due regard for the safety of navigation of civil aircraft.
It should also be noted that a State cannot use civil aircraft in a manner that is incompatible with the purposes of the Chicago Convention. In other words, accord-ing to the Convention, abuse of civil aviation isprohibited.
Article4 of the Convention states:
Each Contracting State agrees not to use civil aviation for any purpose inconsistent with the
aims of this Convention.
and therefore deals explicitly with the problem of misuse of civil aviation. It can therefore be assumed that the intent of the States parties to the Chicago Convention was to preclude any threat to the security of nations by adopting this provision.544
III. United Nations Charter
Although the Charter contains no provision which deals directly with the security of civil aviation, it is one of the mostsalutary international legal documents in the area of civil aviation security. The Preamble to the Charter stipulates that citizens of the member States of the United Nations will practice tolerance and live together in peace with one another as good neighbours. The principle of security is embodied in several articles of the Charter. Article 1(2) provides that the purpose of the United Nations is to pursue the development of friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.
　
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