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257 P.120 Timberlane Lumber Company v. Bank of America, 549 F. 2d 597 (1976) P. 128 UK v. Albania, [1949] ICJ Rep. 4 (9 April) at 22 P. 108
Chapter 1 A Security Culture
A. A Risk-Based Approach
Since the events of 11 September 2001, there have been several attempts against the security of aircraft in .ight. These threats have ranged from shoe bombs to dirty bombs to explosives that can be assembled in .ight with liquids, aerosols and gels. In every instance the global community has reacted with pre emptive and pre-ventive measures which prohibit any material on board which might seemingly endanger the safety of .ight. Some jurisdictions have even gone to extremes in prohibiting human breast milk and prescriptive medications on board.
New and emerging threats to civil aviation are a constant cause for concern to the aviation community. Grave threats such as those posed by the carriage of dangerous pathogens on board, the use of cyber technology calculated to interfere with air navigation systems, and the misuse of man portable air defence systems are real and have to be addressed with vigour and regularity. The International Civil Aviation Organization has been addressing these threats for some time and continues to do so on a global basis.
Since the events of 11 September 2001 took place, the most critical challenge facing international civil aviation remains to be the compelling need to ensure that the air transport industry remains continuous and its consumer is assured of sustained regular, safe and secure air transport services. The Air Transport Associ-ation (ATA), in its 2002 State of the United States Airline Industry Statement, advised that, in the United States, the combined impact of the 2001 economic downturn and the precipitous decline in air travel following the 11 September 2001 attacks on the United States resulted in devastating losses for the airline industry which are likely to exceed $7 billion and continue through 2002.1
Of course, the overall picture, which portended a certain inevitable gloom for the air transport industry, was not the exclusive legacy of United States’ carriers. It applied
1State of the United States Airline Industry, AReport on Recent Trends for United States Carriers, Air Transport Association: 2002, Statement by Carol B. Hallett, President and CEO, ATA.
R. Abeyratne, Aviation Security Law, DOI 10.1007/978-3-642-11703-9_1, # Springer-Verlag Berlin Heidelberg 2010
worldwide, as was seen in the abrupt downfall of air traf.c globally during 2001. The retaliation by the world community against terrorism, which is an ongoing feature in world affairs, increased the airline passenger’s fear and reluctance to use air transport. In most instances in commercial aircraft purchasing, air carriers cancelled or postponed their new aircraft requisition orders. Many carriers, partic-ularly in developing countries, were seen revisiting their cost structures and down-sizing their human resource bases. It is incontrovertible that another similar event or series of events will inevitably plunge the aviation industry into similar despair and destitution.
In order to arrive at where we are at the present time with regard to the results of the global measures taken by the International Civil Aviation Organization (ICAO), it is necessary to discuss the various steps taken from a regulatory perspective by ICAO in its role as regulator and mentor of international civil aviation, in counter-ing imminent threats posed to the sustainability of the air transport industry.
B. The ICAO Response
I. The ICAO High-Level Ministerial Conference
At the 33rd Session of the Assembly, held from 25 September to 5 October 2001, ICAO adopted Resolution A33-1 entitled “Declaration on misuse of civil aircraft as weapons of destruction and other terrorist acts involving civil aviation”.2
This Resolution, while singling out for consideration the terrorist acts which occurred in the United States on 11 September 2001, and, inter alia, recognizing that the new type of threat posed by terrorist organizations requires new concerted efforts and policies of cooperation on the part of States, urged all Contracting States to intensify their efforts in order to achieve the full implementation and enforce-ment of the multilateral conventions on aviation security, as well as of the ICAO Standards and Recommended Practices and Procedures (SARPs) relating to avia-tion security, to monitor such implementation, and to take within their territories appropriate additional security measures commensurate to the level of threat in order to prevent and eradicate terrorist acts involving civil aviation. The Resolution also urged all Contracting States to make contributions in the form of .nancial or human resources to ICAO’s aviation security mechanism to support and strengthen the combat against terrorism and unlawful interference in civil aviation; called on Contracting States to agree on special funding for urgent action by ICAO in the .eld of aviation security; and directed the Council to develop proposals and take
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