| Summary: | 碩士 === 東吳大學 === 法律學系 === 99 === The aviation industry, which is getting well-developed, is accompanied with acts of unlawful interference and disruptive passenger behaviors. In order to avoid a significant impact attributed by aviation crime on it, ‘air transport safety’ not only covers ‘aviation safety’ but also includes the concept of ‘aviation security’. And on one hand, this concept generates international and national laws as well as principles in theory. On the other hand, international community also intends to build a uniform and binding operative mechanism in practical operation of aviation security measures. When the existing laws, principles or mechanisms disputes or can’t suppress the new types of aviation crime international community will improve them. Then aviation security would be getting perfect through the circulation of these five parts.
911 attacks happened on September 11, 2001, which present a watershed for the recent development of aviation security. In the past, the issues, measures and regulations about aviation security focused on preventing the hijacking, sabotage, destruction of aircraft, airport and flight navigation equipment and MANPADS. After 911 attacks, the new types of aviation crime, such as using the civil aircraft as weapon, releasing or discharging from an aircraft in service any BCN weapon or material, using against or on board an aircraft in service any BCN weapon or explosive, radioactive, or similar substances and making threat to commit aforementioned offences, not only cause injuries and deaths but also highlight the vacancies and defects of the existing international aviation security law standard. Thus, in order to knock down the aviation criminal acts, countries and international organizations issue declarations and resolutions to strongly condemn these acts and invoke people to pay attention to the passive impact attributed to these criminal acts. At the same time, they also have a discussion on the necessity of a new international air law instrument or amending the existing international conventions for aviation security. Under the auspices of the ICAO, a diplomatic conference in Beijing, held from 30 August to 10 September, 2010, which was composed of representatives from 77 States adopted two international air law instruments: the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft.
There are, however, still lots of difficulties in practice. Based on the consideration ofstate sovereignty, fear of abuse and intervention of political pressures, countries keep a conservative attitude towards enacting a new law instrument. Besides, we also have to widely measure other factors and find the equilibrium of them in the process of implementing aviation security, like the fundamental right, cost and convenience.
Therefore, the thesis not only describes the concept, characteristic and scope of aviation security but also introduces the regulations and measures. On one hand, the thesis introduces some relevant international conventions first. Second, it discusses the recent resolutions of international organizations and the domestic laws, cases and measures of countries. Third, it generalizes principles of aviation security under international air law from international and national sources. On the other hand, the thesis introduces the practical mechanism of the security measures, and makes an analysis of the disputes and controversy from it. Finally, this thesis does a general conclusion in Chapter VII through a comparison of regulations and measures among states and international organizations. This thesis is expecting that Taiwan could focus on aviation security and follow the steps of international trends.
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