Aviation Security Law 航空安全法(28)

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XII. The Perimeter Guard
For a successful missile attack against aircraft, the .ring position has to be located within range of the .ight path. A missile’s guidance system is such that the weapon has to be .red within a few degrees of the .ight path if the infra-red guidance is to locate the target. Accordingly, a possible preventive measure would be to prevent terrorists from getting into a .ring position with their missiles. However, it would be very dif.cult to cut off areas of up to 6 km wide that lie in the paths of aircraft as they land and take off. This measure is therefore impracticable if not impossible.69
This dif.culty can be overcome to an extent by patrolling the outer areas of airports in times of stringent security conditions might prevent such attacks. Even in times when no speci.c threat has been received, it is within the capacity of most States to monitor those strips of land from which a SAM could be launched and thus minimize the risk. At the same time, these security operations would deter terrorists
67The Daily Telegraph, 7 January 1988.
68Lewis and Kaplan (1990,
p.
226);
Crenshaw
(1987, p. 126).
69Dorey (1983, p. 142).

C. Emerging Threats
from spending vital resources on buying SAMs given the limited possibilities for
their use.
Although the success rate so far of Western States in preventing terrorist missile attacks against civil aviation is satisfactory, and security forces, with the help of good intelligence, have been successful in tracking down and capturing missiles before they could be used, it is not unlikely that there will be attempts to use surface-to-air missiles to attack civil aviation in the near future. As some targets are becoming more dif.cult for terrorists to attack it can be anticipated that they will make efforts to overcome the enhanced security systems as well as redirecting their efforts towards less secure targets. The displacement of the increasingly ineffective system of hijacking by missile attacks against civil aviation is a real threat.
XIII. International Accord
In April 1996 in Vienna, States representatives of the “New Forum” held a Plenary to con.rm the “Wassenaar Arrangement”,70
earlier agreed upon in the city of Wassenaar, the Netherlands, that addresses risks to regional and international security related to the spread of conventional weapons and dual-use goods and technologies while preventing destabilizing accumulations of weapons such as MANPADS. The Wassenaar Arrangement complements and reinforces, without duplication, the existing control regimes for weapons of mass destruction and their delivery systems, as well as other internationally recognized measures designed to promote transparency and greater responsibility, by focusing on the threats to international and regional peace and security which may arise from transfers of armaments and sensitive dual-use goods and technologies where the risks are judged greatest. It is also calculated to enhance co-operation in order to prevent the acquisition of armaments and sensitive dual-use items for military end-uses, if the situation in a region or the conduct of a state is, or becomes, a cause for serious concern to the Participating States. It is not the intent and purpose of the Arrange-ment to be directed against any state or group of states, nor will it impede bona .de civil transactions. Furthermore it will not interfere with the rights of states to acquire legitimate means with which to defend themselves pursuant to Article 51
70Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, Elements for Export Controls of MANPADS and the Inter-American Convention Against the Illicit Manufacturing of and Traf.cking in Firearms, Ammunition, Explosives, and other Related Material. The participating States were Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and United States.
　
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