THE ROLE OF LAW IN PROMOTING GENERAL SAFETY ON FLIGHT UNDER INTERNATIONAL LAW

CHAPTER ONE

GENERAL INTRODUCTION

1.1         BACKGROUND TO THE STUDY

Aviation is the science or practice of flying through the air in heavier-than-air

machine¹. Aviation is one of the greatest and important unique inventions of man in the area of transportation. It is the most veritable means of transportation of people and goods around the globe. Other uniqueness includes expeditious circulation of vital assets, which members of international community treasure most, namely: information, money and properties. Aviation brings together people of different nationalities, creed and socio-economic backgrounds more than any other industry worldwide. It fosters trade and commerce among various people of the world.

According to Dr. Assad Kataite, Council President of International Civil Aviation

Organization (ICAO) at the 33^rd Session of ICAO in Montreal Canada in year 2001, ‘global transportation is a driver of economic development, a catalyst for business and

tourism and a vehicle for social and cultural development worldwide’². So since 17 December 1903 near Kitty Hawk, North Carolina when a bicycle repairer Orville Wright

propelled himself through the air a distance of 120ft the first powered flight³ in a heavier-than-air aircraft known to human, the equivalent of 0.23 passenger-mile, the first such statistics recorded in the history of aviation, air transportation has been beneficial to man. Air transportation globally constitutes significant proportion of the nations’ socio-economic system. It facilitates movement of people, goods and services thereby assists in generating contact and revenue on which economic, social and political progress of nations radiate. For example this 2006 Air France-KLM recorded great revenue increase in its fiscal quarter of over 11.9% that is 5.8 billion euros and added 25 extra frequencies

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to its European destinations and British Airways’ first quarter profit rose over 72% in

increased travel from London⁴. So air transport has done more than provide a carrier service, it has affected economic way of life, made changes in social and cultural viewpoints and had a hand in shaping the course of political history. Air transport industry contributes directly to the economy through its employment and revenue generation and indirectly by its purchase of goods and services from suppliers of the industry. There is urgent need for governments to develop the industry to meet international standard and requirement. Development of this industry will enhance economic development of countries especially developing ones.

Alas, this beautiful achievement of man is bedeviled by hazards. Law has to intervene to minimize the hazards by regulating air traffic operations, imposing duties and obligations on the various entities involved in air navigation.

Besides, aviation has always been exploited by perpetrators of unlawful acts, whose trademark is terrorism. Aviation is constantly being targeted all over the world by terrorist groups and individuals who see it as the most effective avenue to propagate political views, plights and motives. It has always been very effective in gaining media attention and publicity for terrorism. Thus security and safety have been major aspect of concern, which cannot be ignored by the international community. Crime on board aircraft border on terrorism, hijack or air piracy, assassination, bombing and so on which make flight unsafe. Violent crimes or unlawful acts in aviation have always posed great

threat and challenge to international civil aviation⁵. Additionally, deliberate shooting down of aircraft by nations that claimed their national airspace was trespassed on is

inimical to flight safety⁶.

THE ROLE OF LAW IN PROMOTING GENERAL SAFETY ON FLIGHT UNDER INTERNATIONAL LAW