曝光台 注意防骗
网曝天猫店富美金盛家居专营店坑蒙拐骗欺诈消费者
International response immediately followed when the United Nations Security Council adopted Resolution 731 which urged Libya to cooperate in surrendering the accused for trial. The Resolution also called upon Libya to accept responsibility and pay appropriate compensation to the victims’ families.
Given the availability of domestic remedies in many States against the type of liability envisioned in the two treaties, it is interesting to watch the progress of these instruments toward their journey to coming into effect. If these treaties come into effect, the General Risks Convention will serve the purpose of exonerating the operator from unlimited strict liability if he can show that the cause of the accident was attributable to an unlawful interference with civil aviation. However, the bottom line is that States have to be convinced of the need for international treaties
272OJ L251/15 6.8.2004.
273
Article 12.2. 274Petras(2007). 275Smith v. Socialist Peoples Libyan Arab Jamahiriya, 866 F. Supp 306 (1995). 276Letter dated 20 December 2001 from the Permanent Representative of France, the United Kingdom of Great Britain and Northern Ireland and the United States of America to the United Nations, addressed to the Secretary General.
that require operators of aircraft to obtain insurance against perils that are already covered by the States, such as the European example cited earlier particularly in terms of the Unlawful Interference Compensation Convention.
Of the two Conventions, the sore point certainly seems to be the Unlawful Interference Compensation Convention. What seems to be lacking is the explicit or implicit recognition of the reality that the world is interconnected and there are multiple actors who should bear responsibility for acts of terrorism and unlawful interference with social intercourse. Any consideration of responsibility and liabil-ity in this context shouldbe based on a responsibility regime which is structured on a causal model277 that clearly identi.es those who have to bear responsibility. Causation, which is the cornerstone of liability in this regard, is well brought to bear in the Corfu Channel case, 278 decided in 1949 where, although the ICJ was unable to identify the reprehensibility of the Albanian agents who purportedly lay the mines that caused damage to the British ships patrolling the Channel, the Court opined that such damage could not have been caused without the knowledge of the Albanian Government. The Court went on the basis that Albanian authorities either knew or ought to have known of the impending damage and were consequently guilty of an offence since they did nothing to prevent it. In the context of aviation security, this approach should be a valid consideration, at least to the extent that one party – the operator and his senior management – should not be the only target for compensation. The rationale for this thinking should be, of necessity and logic, based on the incontrovertible premise that terrorism is mainly aimed at States and their instrumentalities and that primary responsibility for security in aviation falls squarely on the States themselves.
This having been said, it is submitted that aviation security needs a more proactive approach that transcends the apportionment of blame and concentrates more on risk avoidance and risk management. The ICAO Security Panel, at its twentieth meeting held in Montreal from 30 March to 3 April 2009 identi.ed several strategic focus areas which related to the need for airlines and airports to strive increasingly to achieve greater ef.ciencyand effectiveness in their operations and processes; address new and emerging threats, enhance international aviation security collaboration; improve human factors and security culture; develop inno-vative and ef.cient security measures and promote global compliance through auditing and assistance.279 In an era in which global aviation is increasingly under attack from new threats of unconventional terrorist attacks, improvised
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Aviation Security Law 航空安全法(83)
