By Ruwantissa Abeyratne

This e-book addresses an important hole within the regulatory regime, which gives laws, statements and guidance on airways, airports, air navigation providers companies and States within the box of aviation, yet is particularly missing in terms of the rights of the airline passenger, and the common citizen who's threatened by way of army air moves. It addresses matters equivalent to overseas resolutions on human rights and different human rights conventions concerning aviation that effect either air delivery shoppers and other people at the floor who're threatened through air moves via drone assaults; disabled and overweight airline passengers; repayment for behind schedule carriage and the denial of carriage; noise and pollution because of aviation and their results on human overall healthiness; prevention of dying or damage to passengers and attendant compensatory rights; chance administration; reduction flights; and racial profiling. those matters are addressed opposed to the backdrop of genuine case experiences that come with yet aren't constrained to cases of drone assaults, and contentious flights within the 12 months 2014 similar to MH 370, MH 17 and QZ 8501.

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According to this provision, ICAO is only required to develop principles and techniques of air navigation and foster the development of air transport. Advisories are purely matters of State which have sovereignty over the airspace above their territories. According to the Joint Statement issued by ICAO, IATA, ACI and CANSO in July 2014, ICAO has agreed to immediately establish, together with industry partners, a senior level Task Force composed of State and industry experts to address the civil aviation and national security aspects of this challenge, in particular how information can be effectively collected and disseminated.

The way forward in responding to the unfortunate and sad fate of the lives on board Flight MH 17 and the total destruction of the aircraft seems to rest on the critical need for sharing threat information in a timely and efficient manner. If Malaysian Airlines Flight MH 370 is anything to go by, where both ICAO and the International Criminal Police Organization (INTERPOL) failed to advise both States and airlines of the existence of a database at INTERPOL on forged or fraudulent passports,44 ICAO and other key players concerned would have to adopt a more serious approach to the problem.

69 66 Id. 2. Id. 3. 68 Article 89 states that In case of war, the provisions of this Convention shall not affect the freedom of action of any of the contracting States affected, whether as belligerents or as neutrals. The same principle shall apply in the case of any contracting State which declares a state of national emergency and notifies the fact to the Council. 3. 2 25 Resolutions and Annex Provisions Airspace is a resource common to both civil and military aviation, and given that many air navigation facilities and services are provided and used by both civil and military aviation, the ICAO Assembly, at its 38th Session (September/October 2013) adopted Resolution A38-1270 which laid down that the common use by civil and military aviation of airspace and of certain facilities and services shall be arranged so as to ensure the safety, regularity and efficiency of civil aviation as well as to ensure the requirements of military air traffic are met.

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