Aviation Safety

Aviation is the design, development, production, operation, and use of aircraft.The word ‘Aviation’ is derived from the Latin word avis which means bird. Safety is the state of being "safe" (from French sauf), the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be considered non-desirable. Safety can also be defined to be the control of recognized hazards to achieve an acceptable level of risk. This can take the form of being protected from the event or from exposure to something that causes health or economical losses. It can include protection of people or of possessions.

Aviation safety means taking measures to prevent disasters or uninvited incidents that can cause possible damage or losses in airports or planes .Aviation safety is a vast context. It involves a lot of process from manpower to infrastructure.It is important to know that we keep ourself aware of the safety measures to ensure that others are safe too.

Safety and security goes hand in hand.We cannot be safe unless we are secure inorder to provide security both landside and airside.There are a number of safety hazards which we have to keep in mind while dealing with the safety measures. For instance a cabin crew drinking before coming to work ,or a passenger carrying a lighter in a plane are highly hazardous because a lighter tends to be highly flammable in a high humidity.In the same manner a drunk pilot cannot ensure safety while performing his duty.Infact ,it is important for him to double check if all the instruments are operating fine making sure that the aircraft doesn’t have any damage in its part before he takes off. Checking the identity card of a passenger before entering the airport is also part of safety measures.

Below are some air safety hazards which can be looked into to keep ourselves alert. In such scenarios it is important to keep ourselves alert on how to deal with it if we come across such situations.

Misleading information and lack of Information : A pilot might fly the plane in an accident-prone manner when misinformed by a printed document (manual, map etc.), by reacting to a faulty instrument or indicator (either in cockpit or on ground) or by following inaccurate instructions or information from flight or ground control. Lack of information by the control tower, or delayed instructions, are major factors contributing to accidents.

Lightning : Every aircraft has the ability to withstand normal lightning strikes. The danger of a strong lightning was not understood until 1999, when a glider was destroyed by it. Boeing 787 Dreamliner(US) is an example of a super-efficient aircraft which was launch in December 15, 2009.Its built by an international team of top aerospace using modern technologies and offers increased functionality and efficiency.

Ice and Snow: Snowy and icy conditions are frequent contributors to airline accidents. The icing of wings is another problem and measures have been developed to combat it. Even a small amount of ice or coarse frost can greatly decrease the ability of a wing to develop lift. This could prevent an aircraft from taking off. Airlines and airports ensure that aircraft are properly de-iced(remove all the ice from the surface)before takeoff whenever the weather threatens to create icing conditions(an atmospheric conditions that can lead to the formation of water ice on the surfaces of an aircraft, or within the engine). Modern airliners are designed to prevent ice buildup on wings, engines, and tails (empennage) by either routing heated air from jet engines through the leading edges of the wing, tail, and inlets, or on slower aircraft, by use of inflatable rubber "boots" that expand and break off any accumulated ice. Finally, airline dispatch offices keep watch on weather along the routes of their flights, helping the pilots avoid the worst of inflight icing conditions. Pilots can also be equipped with an ice detector in order to leave icy areas they have flown into.

Engine Failure: An engine may fail to function because of fuel starvation(no fuel), mechanical failure due to metal fatigue, improper maintenance, mechanical failure caused by an original manufacturing defect in the engine or pilot error. This brings out the importance to check once again all the necessary parts of the plane.

Fire: Fire is another important measure that needs to be kept in mind while dealing with safety measures.History has witnessed the fatal accidents and deaths of number of people due to fire on board the aircraft and the toxic smoke generated, a fire on the runway, wiring problems.

Bird strike: bird strike is an aviation term for a collision between a bird and an aircraft. It is a common threat to aircraft safety and has caused a number of fatal accidents. In 1988 an Ethiopian Airlines Boeing 737 sucked pigeons into both engines during take-off and then crashed in an attempt to return to the Bahir Dar airport. In 1995, a Dassault Falcon 20 crashed at a Paris airport during an emergency landing attempt after sucking lapwings into an engine, which caused an engine failure and a fire in the airplane fuselage (an aircraft's main body section that holds crew and passengers or cargo)

Ground damage: It is possible that a part of an aircraft gets damaged on ground in the process of servicing.Damage may be in the form of simple scratches in the paint or small dents in the skin. However, because aircraft structures (including the outer skin) play such a critical role in the safe operation of a flight, all damage is inspected, measured and possibly tested to ensure that any damage is within safe tolerances.As we know that every little part of an aircraft are vital we cannot miss even a small detail in the aircraft.

Human factors: A lot of things can be looked under this factor. Pilot error and improper communication have often been factors in the collision of aircraft. The ability of the flight crew to maintain situational awareness is a critical human factor in air safety. Failure of the pilots to properly monitor the flight instruments resulted in the crash of Eastern Air Lines Flight 401 in 1972 controlled flight into terrain (CFIT), and error during take-off and landing can have catastrophic consequences, for example cause the crash of Prinair Flight 191 on landing, also in 1972. Flight crew members can also arrested or subject to disciplinary action for being intoxicated on the job. Human factors incidents are not limited to errors by the pilots. The failure to close a cargo door properly on Turkish Airlines Flight 981 in 1974 resulted in the loss of the aircraft - however the design of the cargo door latch was also a major factor in the accident.

Controlled flight into terrain(CFIT): Controlled flight into terrain is a class of accident in which an aircraft is flown, under control, into terrain or man-made structures. CFIT accidents typically are a result of pilot error or of navigational system error. Failure to protect Instrument Landing System critical areas can also cause CFIT accidents. One of the most notable CFIT accidents was in December 1995 in which American Airlines flight 965 tracked off course while approaching Calí, Colombia and hit a mountainside after the speedbrakes were left deployed despite an aural terrain warning in the cockpit and an attempt to gain ample altitude in the nighttime conditions. Crew awareness and monitoring of navigational systems can prevent or eliminate CFIT accidents. Crew Resource Management is a modern method now widely used to improve the human factors of air safety. The Aviation Safety Reporting System, or ASRS is another. Other technical aids can be used to help pilots maintain situational awareness. A ground proximity warning system is an on-board system that will alert a pilot if the aircraft is about to fly into the ground. Also, air traffic controllers constantly monitor flights from the ground and at airports.

Electromagnetic interference: The use of certain electronic equipment is partially or entirely prohibited as it may interfere with aircraft operation, such as causing compass deviations. Use of personal electronic devices and calculators may be prohibited when an aircraft is below 10,000', taking off, or landing. The American Federal Communications Commission (FCC) prohibits the use of a cell phone on most flights, because in-flight usage creates problems with ground-based cells. There is also concern about possible interference with aircraft navigation systems, although that has never been proven to be a non-serious risk on airliners. A few flights now allow use of cell phones, where the aircraft have been specially wired and certified to meet both Federal Aviation Administration(FAA) and FCC regulations.

Runway safety: Types of runway safety incidents include:

• Runway excursion - an incident involving only a single aircraft, where it makes an inappropriate exit from the runway.
• Runway overrun - a type of excursion where the aircraft is unable to stop before the end of the runway (e.g. Air France Flight 358).
• Runway incursion - an incident involving incorrect presence of a vehicle, person or another aircraft on the runway (e.g. Tenerife disaster).
• Runway confusion - an aircraft makes uses the wrong runway for landing or take-off (e.g. Comair Flight 191).

Entry points to an airport, parking lot and drop off & pick up area requires surveillance and security system deployment for real-time and remote monitoring of passengers & vehicles in the premises and to avoid loitering and vandalism. Passenger Terminal of an airport is the area which witnesses maximum activity and movement of people. It includes Airline Counters, Check-in Counters, Security area, Waiting areas, shopping areas, etc. Safety measures in such areas can help in avoiding an opportunity for a terrorist to work on its assigned target.

References: http://en.wikipedia.org/wiki/Air_safety

Aircraft maintenance

Aircraft maintenance is one of the most important subject when we talk about the safety of an aircraft. Aircraft maintenance is the overhaul, repair, inspection or modification of an aircraft or aircraft component.

Maintenance includes the installation or removal of a component from an aircraft or aircraft subassembly, but does not include:-

• Elementary work, such as removing and replacing tires, inspection plates, spark plugs, checking cylinder compression, etc.
• Servicing, such as refueling, washing windows.
• Any work done on an aircraft or aircraft component as part of the manufacturing process, prior to issue of a certificate of airworthiness or other certification document.

Maintenance may include such tasks as ensuring compliance with Airworthiness Directives or Service Bulletins. Since aircraft maintenance is so important to safety, there are even numerous Aircraft maintenance institutions which have been setup worldwide which trains students to be certified airplane technicians. These mechanics works with airplane manufacturers and airlines to build, repair, and inspect aircraft to make sure they are safe for flight. Almost 200 aircraft maintenance schools across the country provide two and four-year programs that cover engineering, mechanics, electronics, plumbing, welding, and machining in a complete educational package.

Aircraft maintenance may be categorized into two:-

• Preventive Aircraft Maintenance, where equipment is maintained before break down occurs. This type of maintenance has many different variations and is subject of various researches to determine best and most efficient way to maintain equipment. Recent studies have shown that Preventive maintenance is effective in preventing age related failures of the equipment. For random failure patterns which amount to 80% of the failure patterns, condition monitoring proves to be effective.
• Corrective Aircraft Maintenance, where equipment is maintained after break down. This maintenance is often most expensive because worn equipment can damage other parts and cause multiple damage.

Preventive aircraft maintenance

Preventive aircraft maintenance is maintenance performed in an attempt to avoid failures, unnecessary production loss and safety violations. As equipment cannot be maintained at all times, some way is needed to decide when it is proper to perform maintenance. Normally, this is done by deciding some inspection/maintenance intervals, and sticking to this interval more or less affected by what you find during these activities. The result of this is that most of the maintenance performed is unnecessary and it even adds substantial wear to the aircraft equipment. Also, you have no guarantee that the equipment will continue to work even if you are maintaining it according to the maintenance plan.

Corrective aircraft maintenance

Corrective aircraft maintenance is probably the most commonly used approach, but it is easy to see its limitations. When aircraft equipment fails, it often leads to downtime in production. In most cases this is a costly business. Also, if the equipment needs to be replaced, the cost of replacing it alone can be substantial. It is also important to consider health, safety and environment (HSE) issues related to malfunctioning equipment.

Corrective aircraft maintenance can be defined as the maintenance which is required when an item has failed or worn out, to bring it back to working order. Corrective maintenance is carried out on all items where the consequences of failure or wearing out are not significant and the cost of this maintenance is not greater than preventive maintenance.

Aircraft maintenance is highly regulated. There are various airworthiness authorities around the world. The major airworthiness authorities include:-

• Civil Aviation Safety Authority (CASA) Australia
• European Aviation Safety Agency (EASA) Europe
• Federal Aviation Administration (FAA) United States
• Transport Canada (TC) Canada
• Directorate General of Civil Aviation (DGCA) India

At the completion of any maintenance task a person authorized by the national airworthiness authority signs a release stating that "The described maintenance has been performed in accordance with the applicable airworthiness requirements." In the case of a certified aircraft this may be an Aircraft Maintenance Engineer or Aircraft Maintenance Technician, while for amateur-built aircraft this may be the owner or builder of the aircraft.

The maintenance of an aircraft mainly rests in the hands of the Aircraft Maintenance Technicians and the Aircraft Maintenance Engineers with high responsibilities on their shoulders. An aircraft maintenance technician, as used in the United States, refers to an individual who holds a mechanic certificate issued by the Federal Aviation Administration; the rules for certification, and for certificate-holders, are detailed in Sub part D of Part 65 of the Federal Aviation Regulations (FAR's), which are part of Title 14 of the Code of Federal Regulations. Aircraft Maintenance Technicians (AMT's) inspect and perform or supervise maintenance, preventive maintenance, and alteration of aircraft and aircraft systems. In the US, aircraft maintenance technicians usually refer to themselves as A&Ps, for airframe and powerplant mechanics.

The general requirements for eligibility for a mechanic certificate include the following:

• Be 18 or older;
• Be able to read, speak, and understand English;
• Meet the experience or educational requirement; and
• Pass a set of required tests within a maximum of 24 months.

The required tests include, first, a set of knowledge tests; these are followed by a practical test, which includes an oral examination component, and which is administered by a Designated Mechanic Examiner (DME).

A person who fulfills the necessary requirements is issued a mechanic certificate with either an airframe or powerplant rating, or both. It is these ratings which together account for the common practice of referring to mechanics as "A&P's." Until 1952, instead of the Powerplant rating, an Engine rating was issued, so the abbreviation "A&E" may appear in older documents.

Eligibility for the mechanic tests depends on the applicant's ability to document their knowledge of required subject matter and ability to perform maintenance tasks. The FAA recognizes two ways of demonstrating the needed knowledge and skills: Practical experience or completion of a training program at a school certificated under Part 147 of the FAR's.

Aircraft Maintenance Checks:-

Aircraft maintenance checks are periodic checks that have to be done on all aircraft after a certain amount of time or usage. Airlines and other commercial operators of large or turbine-powered aircraft follow a continuous inspection program approved by the Federal Aviation Administration (FAA) in the United States, or by other airworthiness authorities such as Transport Canada or the European Aviation Safety Agency (EASA). Under FAA oversight, each operator prepares a Continuous Airworthiness Maintenance Program (CAMP) under its Operations Specifications or "OpSpecs". The CAMP includes both routine and detailed inspections. Airlines and airworthiness authorities casually refer to the detailed inspections as "checks", commonly one of the following: A check, B check, C check, or D check. A and B checks are lighter checks, while C and D are considered heavier checks.

A Check

This is performed approximately every 500 - 800 flight hours. It is usually done overnight at an airport gate. The actual occurrence of this check varies by aircraft type, the cycle count (takeoff and landing is considered an aircraft "cycle"), or the number of hours flown since the last check. The occurrence can be delayed by the airline if certain predetermined conditions are met.

B Check

This is performed approximately every 3-6 months. It is usually done in 1-3 days at an airport hangar. A similar occurrence schedule applies to the B check as to the A check. B checks may be incorporated into successive A checks, ie: A-1 through A-10 complete all the B check items.

C Check

This is performed approximately every 15–21 months or a specific amount of actual Flight Hours (FH) as defined by the manufacturer. This maintenance check is more extensive than a B Check, as pretty much the whole aircraft is inspected. This check puts the aircraft out of service and until it is completed, the aircraft must not leave the maintenance site. It also requires more space than A and B Checks - usually a hangar at a maintenance base. The time needed to complete such a check is generally 1-2 weeks. The schedule of occurrence has many factors and components as has been described, and thus varies by aircraft category and type.

D Check

This is - by far - the most comprehensive and demanding check for an airplane. It is also known as a Heavy Maintenance Visit (HMV). This check occurs approximately every 5–6 years. It is a check that, more or less, takes the entire airplane apart for inspection and overhaul. Such a check can generally take from 3 weeks to 2 months, depending on the aircraft and number of technicians involved (it is not uncommon to have as many as 100 technicians working on a Boeing 747 at the same time). It also requires the most space of all maintenance checks, and as such must be performed at a suitable maintenance base.

Because of the nature and the cost of such a check, most airlines - especially those with a large fleet - have to plan D Checks for their aircraft years in advance. Often, older aircraft being phased out of a particular airline's fleet are stored or scrapped upon reaching their next D Check, due to the high costs involved in it in comparison to the aircraft's value. Many Maintenance, Repair and Overhaul (MRO) shops state that it is virtually impossible to perform a D Check profitably at a shop located within the United States. As such, only few of these shops offer D checks.

Maintenance Review Board

Initial aircraft maintenance requirements are proposed in a Maintenance Review Board (MRB) report based on Air Transport Association (ATA) publication MSG-3.

Modern transport category airplanes with MSG-3 derived maintenance programs employ usage parameters for each maintenance requirement such as flight hours, calendar time, or flight cycles. Maintenance intervals based on usage parameters allow more flexibility in scheduling the maintenance program to optimize aircraft utilization and minimize aircraft downtime.

DGCA compliances

India has been found to be fully compliant with the international safety standards by an audit done by the Federal Aviation Administration (FAA) of the United States of America. Before permitting a foreign airline to operate in the USA, FAA of US, backed by the US legislation conducts an audit of the concerned country’s Civil Aviation Authority (CAA) / DGCA to ensure its capability for providing safety certification and continuing oversight on its international carriers. The audit is conducted under an ‘International Aviation Safety Assessment Programme’ (IASA) and focuses on the country's ability to adhere to standards and recommended practices of International Civil Aviation Organisation (ICAO) for aircraft operations and maintenance.

Under the IASA programme, FAA in the year 1997 had conducted an audit of DGCA India and had awarded Category 1 status to India. This year, in March 2009, FAA, based on the report of an audit conducted by ICAO in October 2006, conducted a reassessment of DGCA. While the FAA’s IASA team found India to be compliant in areas of aviation legislation, operating regulations, civil aviation structure and safety oversight functions, and licensing and certification obligations, it raised concerns in the areas of adequate technical guidance for DGCA inspectors, hiring and retaining technical personnel in DGCA, establishment of an on-going surveillance programme of air operators and the resolution of identified safety issues.

DGCA was required to rectify the concerns in the identified areas in a short time frame of about five months. Repercussions of non-action could have resulted in India being downgraded to Category 2 status from the Category 1, which has been held by India since 1997. Under Category 2, no expansion/ changes to the services of Indian air carriers would have been permitted by USA and the existing operations would have been subjected to ‘heightened FAA surveillance’. Such a downgrade would not only have resulted to an economic impact to the nation but would also have been a setback to India’s image worldwide in ICAO, EU, USA and in the international aviation community.

The FAA IASA team revisited DGCA on 23rd September 2009, to confirm and validate the action taken on the concerns since the audit in March 2009. The visit was also made to ascertain the information which was provided to FAA by DGCA from time to time in the previous few months on the progress made to make good the deficiencies. During the discussions, the FAA team confirmed the action taken by DGCA to make good the identified concerns of the earlier March 2009 audit.

Customer Safety

Customers are the most important people for any Organization. Customer, by extension includes any entity that uses or experiences the services of another. A customer may also be a viewer of the product or service that is being sold despite deciding not to buy them. So, in this report we are focusing more on the Airline Customers and their Safety. In fact, the first priority should be given to Customers’ Safety when dealing with Air Transportation.

Safety : It literally is the state of being "safe “the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be considered non-desirable. Safety can also be defined to be the control of recognized hazards to achieve an acceptable level of risk. This can take the form of being protected from the event or from exposure to something that causes health or economical losses. It can include protection of people or of possessions.

Air Safety : It is a term encompassing the theory, investigation and categorization of flight failures, and the prevention of such failures through regulation, education and training. It can also be applied in the context of campaigns that inform the public as to the safety of air travel.

In the 2nd Global Aviation Safety Conference, Abdul Wahab Al Roomi, director general of the Department of Civil Aviation, Government of Sharjah has stated “Aviation safety is a very important issue around the world,” says “As a civil aviation body; aviation safety is amongst our top priorities here at Sharjah International Airport. In fact, as a top priority, we have made a significant amount investment from our overall budget and even brought in international consultants in order to become the first airport in the UAE to have a GCAA approved Safety Management System. Such an approval was given to us only after a series of strict audit procedures by the GCAA.

“Furthermore, the Sharjah Department of Civil Aviation is committed to developing, implementing and improving appropriate strategies, management systems and processes to ensure that all our aviation activities uphold the highest level of safety performance that is required in accordance with national and international standards.

Safety Measures for Airline Customers : Air travel is so safe you'll probably never have to use any of the advice we're about to give you. But if you ever do need it, this information could save your life. Airline passengers usually take safety for granted when they board an airplane. They tune out the crew's pre-flight announcements or reach for a magazine instead of the cards that show how to open the emergency exit and what to do if the oxygen mask drops down. Because of this, people may be needlessly hurt or killed in accidents they could survive. Every time you board a plane, here are some things you should do :

• Carry-on bags must be properly stowed in overhead bins or under the seat in front of you. Be careful about what you put into the storage bins over your seat. Their doors may pop open during an accident or even a hard landing, spilling their contents. Also, passengers in aisle seats have been injured by heavy items falling out of these compartments when people are stowing or retrieving belongings at the beginning or end of a flight.
• As soon as you sit down, fasten and unfasten your seat belt a couple of times. Watch how it works. In an emergency you don't want to waste time fumbling with the buckle.
• Before take-off, there will be a briefing about safety procedures, pointing out emergency exits and explaining seat belts, life vests and oxygen masks. Listen carefully and if there's anything you don't understand ask the flight attendants for help.

The plastic card in the seat pocket in front of you will review some of the safety information announced by the flight attendant. Read it. It also tells you about emergency exits and how to find and use emergency equipment such as oxygen masks. As you're reading the card look for your closest emergency exit, and count the number of rows between yourself and this exit. Remember, the closest exit may be behind you. Have a second escape route planned in case the nearest exit is blocked. This is important because people sometimes head for the door they used to board the plane, usually in the front of the first class cabin. This wastes time and blocks the aisles. If the oxygen masks should drop, you must tug the plastic tube slightly to get the oxygen flowing. If you don't understand the instructions about how the mask works, ask a flight attendant to explain them to you.

When the plane is safely in the air, the pilot usually turns off the "fasten seat belt" sign. He or she usually suggests that passengers keep their belts buckled anyway during the flight in case the plane hits rough air. This is a good idea; there have been a number of instances of unexpected turbulence in which unbelted passengers were seriously injured and even killed when they were thrown about the cabin. Just as seat belts should always be worn in cars, in airplanes they should always be fastened when you are in your seat.

If you are ever in an aviation accident, you should remember these things:

• Stay calm.
• Listen to the crew members and do what they say. The cabin crew's most important job is to help you evacuate safely.
• Before you try to open any emergency exit yourself, look outside the window. If you see a fire outside the door, don't open it or the flames may spread into the cabin. Try to use your alternate escape route.
• Remember, smoke rises. So try to stay down if there's smoke in the cabin. Follow the track of emergency lights embedded in the floor; they lead to an exit. If you have a cloth, put it over your nose and mouth.
• After an air accident, the National Transportation Safety Board always talks to survivors to try to learn why they were able to make it through safely. They've discovered that, as a rule, it does help to be prepared. Avoiding serious injury or surviving an air accident isn't just a matter of luck; it's also a matter of being informed and thinking ahead.
• Are you one of those people who jumps up while the aircraft is still taxiing, gathers up coat, suitcase and briefcase, and gets ready to sprint? If so, resist the urge. Planes sometimes make sudden stops when they are taxiing to the airport gate, and passengers have been injured when they were thrown onto a seat back or the edge of a door of an overhead bin. Stay in your seat with your belt buckled until the plane comes to a complete halt and the 'fasten seat belt' sign is turned off.
• Never smoke in airplane restrooms. Smoking was banned there after an accident killed 116 people in only 4 minutes, apparently because a careless smoker left a burning cigarette butt in the trash bin. There is a steep fine for disabling a lavatory smoke detector.

Top 10 Airline Safety Questions :

• Where is the safest place to sit on an airplane?

  The short answer is there is no safest seat. In an aircraft accident where the plane is seriously damaged or one or more occupants are injured or killed, the severity of the injuries depends on many factors, some of which may not be apparent until an accident occurs. For example, there have been many accidents involving heavy smoke or fire where survival depended on the ability of the passengers to not panic and to quickly remove themselves and others from the aircraft after landing. Dr. Todd Curtis of AirSafe.com answered the question about the safest seat on an airplane more fully in an article at AirSafeNews.com

• Which is the safest airline to fly?

  Clearly there are some major airlines such as southwest of the USA which have not had a passenger die in an accident and others such as United Airlines and Korean Air which have had several fatal events. Those facts don't make one airline automatically safer than the other although it does affect the public's perception of safety. The most important indicator of the overall safety of an airline is how it is regulated by its nation's civil aviation authority. Airlines operating large capacity passenger aircraft in the major industrialized countries have to follow the strictest safety regulations. While the airlines operating smaller capacity aircraft have the choice of operating under the same rules, these smaller aircraft are not certified to the same standards as larger ones. Just as importantly, the airports and air traffic control system have to adhere to similarly high standards. Beyond that, use your good common sense. If an airline is notorious for poor on time performance, lots of passenger complaints, and severe financial problems, then perhaps it is time to find an alternative airline. While there are some airlines with no fatal plane crashes, it doesn't mean that these airlines are safe, since fatal crashes are very rare for airlines of every size.

• Which aircraft model is the safest?

  In general, all aircraft in a particular class have to adhere to the same set of standards. When safety concerns arise because of one or more accidents associated with a particular model, the civil aviation authorities of the major industrialized countries will usually require that the issue be addressed in all relevant aircraft models. For example, fatal airline accidents due to wind shear in the 1970s and 1980s in the U.S. led to a number of innovations in aircraft and ground wind shear detection systems and also in flight crew training which has led to a reduction in the risk of accidents from that weather issue. While accidents of any kind are rare, you can get a better idea of how safe an aircraft model is by comparing how often passengers die in a plane crash involving that particular aircraft model.

• What kind of emergency am I most likely to face?

  For every accident, there are dozens, even hundreds of unusual circumstances that can happen during a flight. For a passenger, the most likely emergencies that you will face where you will have to do something is an evacuation of the aircraft using the emergency slides or using the emergency oxygen system. In most cases, the evacuation is ordered as a precautionary measure, not because the passengers face imminent danger. Emergency oxygen masks may be deployed automatically or be deployed manually by the flight crew. In most cases, deployment of the masks does not indicate that the passengers are in imminent danger. For an example of an emergency evacuation that went very well, you can check out this 2005 Air France crash in Toronto where all the passengers escaped from a burning aircraft.

• How should I prepare to face these two situations?

  In the case of evacuation by the emergency slides, the best preparation is to be familiar with the location of the exits, be ready to follow the commands of the flight and cabin crew, and to wear slide friendly clothes. Specifically, high heeled shoes may cause the slide to rip, so if you have them on, take them off before leaving your seat. In the case of deployment of emergency oxygen, your first priority is to put on your own mask. If the cabin is depressurized, you face the risk of loss of consciousness. Putting on your mask first decreases the risk of your passing out before having the opportunity to help your children or other passengers with their oxygen masks.

• If the plane crashes, don't most people die?

  One can argue this question several ways. Based on a review of accidents between 1978 and 1995 with at least one fatality to a passenger, there were a total of 164 fatal accidents involving large jet transports designed in Western Europe or the U.S. In 68 cases, all passengers died and in 15 others between 90% and 100% of the passengers died. In 37 cases less than 10% of the passengers died. Among propeller driven aircraft, there were 178 events involving aircraft designed outside of the former Soviet Union and eastern Europe. Of those, all were killed in 108 cases, between 90% and 100% in six cases, and less than 10% in nine cases. Another way to look at this is through the AirSafe.com method for evaluating plane crash survivor rates, where the estimated fatal crash rate is reduced if there are surviving passengers. For example, a crash where all passengers die is counted as one event, and if there were 50% survivors, it counts as half of an event.

• Who decides on what changes are made for safety?

  In general, the civil aviation authorities of several key countries, primarily the United States, the United Kingdom, and France, take the lead on making changes in areas such aircraft design, aircraft operation, and pilot training. Other major industrial nations have civil aviation authorities that have regulations and requirements similar to the leading countries. In the rest of the world, the International Civil Aviation Organization plays a similar influential role. You can check out some of the other organizations responsible for airline and aviation safety.

• Who investigates airline accidents?

  In most cases, formal airline accident investigations are the responsibility of either the nation where the accident occurred or by the nation where the aircraft was registered. Depending on the accident, any number of organizations has a major role in the investigation. Typically in the United States, an accident in U.S. territory involving a U.S. registered aircraft would have the following groups directly involved in the accident investigation and analysis: the U.S. National Transportation Safety Board, the U.S. Federal Aviation Administration, the airline operating the accident aircraft, the aircraft manufacturer, and the engine manufacturer. If the accident involved sabotage or hijacking, the U.S. Federal Bureau of Investigation would also be involved. The NTSB is focused on more serious events, and they have detailed regulations that define what an aircraft accident is.

• Is flying getting safer or less safe today compared with 10 or 20 years ago?

  In the last fifteen years or so, the fatal accident rate for passenger aircraft has not significantly changed. What has changed is the number of flights performed around the world, more than doubling during that same time. If you look at the accident rate, things haven't changed much. If look at the number of accidents, the amount of media coverage, and level of public concern, then flying may seem either more or less safe depending on how much attention is paid by the world media. For example, over a period of about seven weeks in August and September 2005, there were a total of eight events that resulted either in significant numbers of fatalities or were spectacular events that involved no fatalities but that generated intense worldwide media attention. Overall, 2005 had an average number of fatal events, but during those two months there were a heightened awareness of safety on the part of the general public. One problem with talking about safety is that different people use different definitions. At AirSafe.com, safety can't be measured with numbers, but risk can be measured. Check out this description of the differences between risk and safety to get a better understanding of how this site deals with safety questions.

• How often do airliners crash?

  Serious airline crashes that kill passengers are rare. Since AirSafe began tracking these kinds of events in 1996, there have been as few as seven events with passenger fatalities in 2008, and as many as 19 crashes and other events with passenger fatalities in 1997 . These numbers include deaths due to deliberate actions such as airliner hijackings, or acts of sabotage or terror, and crashes involving small airliners in all parts of the world. Crashes are much less common in the largest industrialized countries. For example, for the five years from 2005 to 2009, AirSafe.com lists 43 crashes and other events that killed at least one airline passenger. Airlines from the US, Canada, the European Community, Australia, and Japan were responsible for about three quarters of all airline traffic, but less than one quarter of the fatal events (9 of 43) took place in those countries or involved an airline based in those countries.

http://airconsumer.dot.gov/publications/flyrights.htm
http://www.airsafe.com/ten_faq.htm

Latest Technologies

• Alaska Airlines Pioneers: New Technology for Preventing Runway Accidents

  Alaska Airlines is the first US airline to implement the Runway Awareness and Advisory System. The new system uses GPS technology to track an aircraft's ground movements for runway safety, and automatically issues warnings to pilots if they are entering the wrong taxiway or runway. read more

  The Problem : Seen from ground level, the ramps, taxiways, and runways of a large airport are confusing to navigate around. It is notoriously easy for pilots to become disoriented and to turn the wrong way, even if they have a map in front of them. Unlike the environment in which cars drive, where roads are isolated strips of pavements, the taxiways at many airports are simply painted onto a single large paved area called a tarmac.

  Taxing is similar to driving around a large parking lot. Depending upon the lighting, and the number of other cars around, it can be difficult to see where the lanes are, causing some drivers to head across the lanes or to drive in the wrong direction down the isles. Airports do have the advantage of standardized signs that identify taxiways, intersections, and runways, however, unlike roads, there are no traffic lights, or even stop signs. Instead, pilots must rely on controllers to manage the traffic flow.

  Taxiway mishaps do occur, and sometimes result in minor "wing dings." After all, the speed limits on taxiways are usually quite low. Runway incidents tend to be more serious, and often result in tragedy. A prime example was ComAir flight 5191 at Blue Grass Airport in Lexington, Kentucky. Early in the morning of August 27, 2006, before daylight, the crew completed their pre-flight preparations, contacted ground control, and began taxing their CRJ-100 jet to the departure runway. Unfortunately, they made a wrong turn, which neither the controller, nor the crew caught. As a result, the crew attempted to take off on the wrong runway, a runway that was much shorter than the one they believed they were using. It was a runway intended for small propeller planes, and not for jets. The plane was still accelerating when it ran off the end of the runway, momentarily climbed into the air, and crashed into an adjacent stand of trees. The crew never even knew what happened. All of the 47 passengers and two of the crew lost their lives. The only survivor was the First Officer (Copilot), who suffered severe injuries, including brain damage.

  The Solution : Honeywell has developed a software product with the goal of preventing this type of tragedy from happening again. The Runway Advisory and Awareness System (RAAS) is a software package that works with the Enhanced Ground Proximity Warning System already installed on most airliners. Using GPS data, RAAS is specifically designed to aircraft track movements on the ground in reference to the taxiway and runway layout of specific airports. The system alerts pilots each time they turn onto a new taxiway or runway, and verbally identifies the taxiway or runway they are on. Moreover, if an aircraft begins to accelerate to takeoff on a taxiway, or on the wrong runway, the crew will be immediately alerted.

  Alaska Airlines is the first U.S. carrier to deploy this technology on its entire fleet. According to press releases, Alaska Airlines worked closely with Honeywell in development, and helped test the system over the last three years.

  Only the First Step : RAAS is only the first step in using new technology to avoid runway and taxiway accidents. A new ground radar system is being developed by Sensis Corp that will automatically alert air traffic controllers when an aircraft ventures where it should not go. This radar system is designed to communicate directly with the RAAS systems on individual aircraft, so that potential collisions can be identified before they occur. The Sensis ground radar is scheduled to be installed at many U.S. airports in the near future.

• Rutan and Branson Unveil Virgin Galactic Mothership - White Knight Two

  Burt Rutan and Sir Richard Branson have moved one step closer to launching the world's first commercial space tourism service. On July 28, 2008, the press and customers got their first glimpse of White Knight Two, the plane that will carry the Virgin Galactic spaceship to launch altitude. The Rollout Ceremony

  Over 100 prepaid future space travellers flew to the Mojave Spaceport in California on board a specially painted Virgin America A320 to attend the rollout of WhiteKnightTwo, the airplane that will eventually carry them on the first stage of their journey into the Earth's upper atmosphere. According to the press release from Virgin Galactic, the event was also attended by representatives of the press, and a variety of VIPs.

  The aircraft's designer, Burt Rutan, and Sir Richard Branson who founded Virgin Galactic both attended the ceremony. The sleek and exotic looking airplane was christened "Eve", in honor of Branson's mother who has been both a flight attendant and a pilot.

  WhiteKnightTwo : The name Burt Rutan has been associated with innovative, ultra-efficient, non-traditional airplane designs for decades. In that vein, WhiteKnightTwo (WK2) certainly does not disappoint. Even the name, spelled as a single word, seems to represent an aggressively modern Internet-age point of view. The airplane is a major step forward from its prototype, called White Knight, which was the mothership for Space Ship One.

  The WK2 airframe is constructed entirely from carbon fiber composite, an ultra light, ultra strong fiberglass-like material that has become an increasingly popular material for building aircraft parts in recent years. WK2 employs a double fuselage design, distantly reminiscent of exotic WWII fighter designs like the North American F-82 Twin Mustang and the Messerschmitt Bf-109Z. The twin fuselages are hung beneath a majestic 140-foot wing that sets a new record for being the largest single-piece composite aircraft part in the world. The launch vehicle, SpaceShipTwo will be mounted in the center, between the fuselages. WK2 is powered by four P&W 308A jet engines, mounted on the outboard wing sections.

  During the rollout ceremony, Rutan was quick to point out that WhiteKnightTwo is a highly versatile plane, and that it has the potential to serve multiple roles. According to the press release, the lift capability of WK2 exceeds Virgin Galactic's lift capability requirements by over 30%, and has a maximum altitude of 50,000 feet. It is also capable of flying coast to coast across the U.S., non-stop. Rutan revealed a vision for the aircraft's future well beyond the Virgin Galactic mission, suggesting that additional vehicles could be produced and sold to customers in need of a way to launch various types of spacecraft.

• Supersonic Transports : A Concorde for the 21st Century? - Stoneforger

  The Concorde is an aviation icon, a legend, a testament to the belief man can conquer the skies and beyond. But sadly, it doesn't fly anymore. How did we get to that point, and what does the future hold for supersonic travel?

  The Early Days :Ever since man gained the ability to fly, he kept pushing the envelope, going higher, longer, faster. The sound barrier was broken and a renaissance of aviation ensued: jet engines made mass aerial transportation cheap and fast enough for the majority of people. At the same time, records were being repeatedly broken by the fledgling NASA and the Air Force, each for their own purposes.

  Aircrafts like the iconic X-15 (still holding the record for fastest manned aircraft) were instrumental in understanding the mechanics of supersonic flight at higher Mach numbers (the X-15 record is Mach 6.7). A lesser known aircraft, the XB-70 Valkyrie, was a huge leap in sustained controlled supersonic flight, since it demonstrated the capacity to fly at Mach 3 continuously, with a significant payload and range.

  The Civilians : The techniques, ideas, and materials developed for the XB-70 Valkyrie,which was abandoned due to funding problems and the shift to using ICBMs (Intercontinental Ballistic Missiles) as a more practical solution for strategic nuclear bombing, made a commercial supersonic aircraft a viable idea. NASA started work on a SST (Supersonic Transport) space plane using the remaining XB-70 as a test-bed vehicle, but by that time the Concorde program had already begun, and soon the Soviets followed.

  Eventually, NASA was denied further funding for the SST project, but both the Concorde and its Russian counterpart, the Tu-144, made it into production. From then on though, things became difficult for both SSTs, since the Tu-144 only made 55 scheduled flights with Aeroflot before being withdrawn from service in 1979. Concorde had a longer but still troubled life, with both operators, Air France and British Airways, struggling to make a profit out of the aircraft.

  The Concorde, a Successful Failure : When it comes to grant ventures such as supersonic commercial transportation, being the fastest at any cost has no place in the aviation industry. It is all fine and well for a government to fund projects such as the XB-70 and the SR-71, but such aircrafts fill niche roles, with very specific flight profiles.

  It seems that Aerospatiale and BaE were so overtaken by sheer enthusiasm at the prospect of producing a commercial supersonic passenger aircraft that they forgot to ask airlines how much they were willing to pay, and in the end only the government-owned airlines of France and the U.K. were practically forced to operate the aircraft, merely to save some political face. British Airways managed to turn in a small profit overall but Air France was significantly hurt by the Concorde.

  A complicated sum of political and financial factors, as well as a small witch hunt about the effects of the Concorde on the ozone as well as its sonic boom effect, made operating the aircraft a nightmare. The Tu-144 never experienced the same amount of problems mainly due to its much more brief and constrained operational life.

  Reasons for Failure : The SSTs fill a niche role in the aviation industry, flying people across oceans in a few hours. They can be operated with a small profit margin, but at the correct timing. Even if the Concorde flights had not been discontinued in 2003, they would eventually be hammered by the oil prices, because other aircraft can be rerouted, the fare policies changed, and a host of other tricks can be performed by airlines to minimize damages.

  But an SST is a high cost, high maintenance, low profit business, since its passenger target group is so small that it cannot guarantee a minimum and stable income for the airline, especially when it is almost impossible to offer both Mach speeds and Jumbo ranges. In view of this, the SST seems altogether a bad idea, if you also take into account that the Internet has made the world a smaller place in many ways.

  Most business can be now conducted without crossing the Atlantic, and airfares are becoming cheaper by using more efficient engines and aircraft designs. An SST right now would not be an exciting new supersonic way to fly, but a retro oddity. Still, the idea is being tossed around from time to time by various companies and agencies, re-emerging in various forms.

  What now? : The cancelled High Speed Civil Transport, the proposed A2 and the associated european LAPCAT and ESRP programs, the Japanese Next Generation Supersonic Transport, the russian Tu-242 (in danger of being cancelled) have a very bad thing in common: they they take in no account whether the aviation industry needs or will need an SST by the time it is ready to fly, within the next decade. Most importantly these programs lack serious funding, and the SST concept is largely on life support.

  Even if new experimental technologies make their way into real production, like pulse detonation engines, and SABRE engines (the Scimitar engine predominantly), with the resulting designs being able to achieve hypersonic flight and almost becoming SSTOs (Single Stage To Orbit), the perennial and true spaceplane (another unfortunate chain of failed and canceled projects), all the airlines will eventually ask for is the aircraft's TCO and profit margin.

  What Might Work : The only possibly viable SST idea are SSBJs (SuperSonic Business Jets), which makes sense since large businesses and corporations usually employ private jets and might just be interested in a supersonic jet for selected flights of their choosing. And the sonic boom problem that plagued the Concorde and restricted its routes and flight paths has been proven to be halved with certain elongated fuselage designs, and is much less of a concern in a small business jet.

  In essence, we are not going to see a successor to the Concorde for at least two decades, and it still remains unknown whether the technology will have improved sufficiently so as to lower operating costs enough to attract sales from airlines which increasingly prefer aircaft with larger capacity and less operating cost (fuel and maintenance).

• Airline propagates latest-technology turboprop solution to reducing aviation emissions

  Fast-growing Irish regional airline Aer Arann recently invested 180 million euros in a new fleet of ATR 72-500s and by 2009 the aircraft type will make up the entire Aer Arann fleet. The airline highlights that for a journey of less than 600 nautical miles, or 90 minutes flying time, a turboprop uses up to 70% less fuel than a similar-sized jet, emits 20% less CO2 per passenger-km than newer jets and produces three times less NOx than a car and 40% less than a train.

  “Aer Arann planes uses less fuel to fly 230 miles than a jumbo jet guzzles on a runway – turboprop power is a revolution in air travel that makes environmental sense,” it says.

  Colin Lewis, Head of Sales and Marketing at Aer Arann comments: “Once condemned for the relatively noisy and bumpy ride it offered passengers, the ATR is a popular equivalent to regional jets. They are more fuel efficient, the new planes are quieter and they are extremely reliable. I expect to see a large percentage of the airline industry moving back to propeller planes over the next five years.”

  Garry Cullen, Managing Director says: “Aer Arann is committed to the principles of energy efficiency. Whilst the contribution of the aviation industry towards global warming is significantly less than other large polluters, our new ATR aircraft are recognized as the most fuel efficient aircraft in their category.

  “The ATR operates more efficiently than jet aircraft on short-haul routes – up to 70% less fuel is required than a 737 on a typical Aer Arann sector. On a 370km sector, the ATR 72-500 fuel consumption per passenger is up to 15% lower than a typical European car. The associated ATR gaseous emissions per passenger in terms of CO2 are 15 times less than a car and comparable to a train.”

  The aircraft manufacturer says its latest propulsion technology, combined with optimally designed high-lift systems, ensures the plane meets ICAO noise requirements with wide margins.

  A representative at Toulouse-based ATR says: “Turboprop aircraft are currently outselling regional jets. Overall, the impact that the rising cost of oil is having on airline profits has helped to lift turboprop sales to about 400 last year, compared with about 250 jets in the same size bracket. We expect to see sales to continue to rise significantly as currently there is no other alternative to the ATR in the market place.”

  ATR announced last October the launch of the -600 series, with first deliveries expected in the second half of 2010.

Pilot Information

Articles

• The Shifting Sands of Passenger Rights

  By: Andrew Compart, Washington|Apr 22, 2011

  Airlines in the U.S., Europe and elsewhere are confronting sweeping new U.S. regulations on how they sell tickets, advertise their prices, disclose fee-based optional services, compensate customers and operate flights.

  On the surface, this trend toward re-regulation of customer services seems to present a challenge for airlines, today and going forward. However, there are signs that regulators in the U.S. and Europe are having second thoughts about how far their rules should go, providing hope to airlines that their arguments for government restraint and greater reliance on market forces are having some impact.

  The messages seem contradictory but are suggested by the second round of rules on passenger “protections” just issued by the U.S. Transportation Department. Many of the rules will impact not only home-country carriers but also any foreign airline that operates to the U.S. or sells tickets to U.S. customers. They cover issues such as tarmac delays, fee disclosure, baggage fee consistency, fare advertising, denied-boarding compensation and 24-hr. reservation holds.

  U.S. airlines, though, can celebrate some victories—or at least breathe a sigh of relief until another battle is enjoined next year.

  The department cedes to the airlines on one important issue: They will not be compelled to include customer service and tarmac delay commitments in their contracts of carriage, as originally proposed. That would have made the promises legally binding and potentially subjected carriers to a flood of civil lawsuits.

  And the department puts off, until late 2011 and 2012, the fight over a second issue the airlines consider critical: whether it should tell carriers how to market optional services such as checked baggage fees, preferred seating and inflight Wi-Fi.

  Those two concessions are likely why U.S. airlines reacted so nonchalantly to the comprehensive new rules, which to them must seem contrary to the airline industry deregulation of 1978.

  American Airlines Chairman and CEO Gerard Arpey, for example, says there is “nothing particularly alarming” about the rules. The Air Transport Association, the largest trade group for U.S. carriers, says “market forces—not additional regulations—are already providing customer benefits.” But it adds that “our member airlines will implement the new rules as efficiently as possible.”

  The rules may be a bigger concern to non-U.S. carriers, which had argued that the department was overstepping its legal bounds in proposing to apply most of the new rules to them. In its final rulemaking, the department largely rejected their claims of extraterritoriality.

  The International Air Transport Association says, “this intervention into international airline business practices will result in increased cancellations, higher ticket prices and greater inconvenience for passengers.”

  The new rules could prove particularly nettlesome for European carriers, which are still fighting their own battles with European regulators.

  The airlines have been furious over existing European Commission rules, especially regarding what they must do for passengers in the event of cancellations and long delays, arguing that they bear a disproportionate financial burden when flights are disrupted for reasons outside of their control. But the airlines are making some inroads: The EC effectively acknowledges that the current situation is not perfect, and it is reviewing the rules with the intent of issuing a new proposal next year.

  “We cannot afford to turn a blind eye to the lessons learned from what passengers and industry suffered during the 2010 ash crisis and snow,” EC Transport Commissioner Siim Kallas says. European airlines say Regulation 261 cost them millions of euros during the airspace shutdown due to volcanic ash a year ago and severe snow conditions at year-end. Ryanair has implemented a €2 ($3) per-ticket fee to regain some money spent on passenger hotels and food.

  Although the new U.S. regulations should not cost them—or U.S. carriers—that much, the extent of the regulations’ impact remains to be determined.

  For example, the new rules will double the minimum compensation airlines must pay to passengers who are bumped involuntarily from flights, and substantially raise the maximums and adjust them for inflation biennially. That will not affect many U.S. passengers in relative terms—about 58,000 received denied boarding compensation in 2009, or 0.01% of all passengers. But it could force airlines to raise their offers to entice travelers to voluntarily give up their seats.

  The 3-hr. tarmac delay time limit the department placed on U.S. airline domestic flights at large and medium-size airports will be expanded to all airports, and a new 4-hr. time limit has been created for U.S. and foreign airline international flights at U.S. airports. But the ultimate cost of that is difficult to quantify.

  U.S. and foreign carriers must disclose changes in baggage fees and allowances on their homepage for three months via a hyperlink to a page listing the changes, and provide a homepage link to a listing of all of their ancillary fees. That could affect consumer purchasing choices, but the cost of web page reprogramming and redesign will be minimal.

  On full-fare advertising, the department is reversing more than two decades of policy and reverting to the letter of U.S. law by requiring airlines to include all government-imposed taxes and fees in advertised fares. Carriers now can list some of those separately as a footnote to the fare, including passenger facility charges (PFC) that vary by airport. Including them in the advertised price could have an impact on ticket sales for flights with multiple legs (on which the flight segment tax would be higher) or those departing from or connecting through airports with higher PFCs.

  Regarding the selling of tickets, the department says airlines must let customers hold a quoted fare without payment—or without penalty for cancellation—for at least 24 hr. after the reservation is made. But the department lessened the potential impact on carriers, which warn it could cost them close-in bookings, by stipulating that the requirement applies only to reservations made a week or more prior to the flight’s scheduled departure.

  “Airline passengers have a right to be treated fairly,” Transportation Secretary Ray LaHood declared April 20, the day the department released its newest round of rules.

  "We believe that our action strikes a proper balance between ensuring that the traveling public is provided an adequate level of service and is not subjected to unfair or deceptive practices, while ensuring the marketplace governs to the extent possible," the department says.

  The department consistently rejected foreign airlines’ complaints that the U.S. does not have jurisdiction to apply certain rules to them. For example, the department says it will require virtually all foreign carriers operating scheduled services to and from the U.S. to adopt customer service plans with “commitments” on issues such as ticket and baggage fee refunds and reservation holds.

  The department says it is “ensuring that these requirements do not involve an extraterritorial application of U.S. law by limiting their application to foreign carriers to flights to and from the U.S., sales made within the U.S., and to the conduct of foreign carriers on U.S. soil.”

  For U.S. carriers, the bigger battle will ensue in 2012 and will test how much their argument for limits on government intervention are taking hold. The department deferred a decision about mandating that carriers provide their pricing data on ancillary options such as checked baggage, preferred seats and inflight Wi-Fi to any GDS in which they participate. Such a rule could benefit online travel agencies, too, since many obtain their data from a GDS.

  Instead, the department says it is planning to issue a supplemental notice of proposed rulemaking in December that will require ancillary fees to be displayed at all points of sale. The department says the supplemental rulemaking will seek to determine the best method for making information about optional services and associated fees available to the consumer.

  In the final rule issued April 20 to expand “passenger protections,” as the department calls them, it notes the potential value to consumers of mandating that airlines provide the ancillary fee data to GDS providers.

  Various groups representing consumers, business travelers, travel agents and corporate travel managers have argued and lobbied for the requirement, which they say is needed so customers who rely on travel agents, corporate travel departments and corporate booking tools can readily compare an all-inclusive price—and so travel managers can more readily track spending. And the Transportation Department elsewhere in the rulemaking says it believes it is “difficult currently for consumers to effectively comparison shop and determine the total cost for travel, including ancillary fees for optional services.”

  The department, however, also acknowledges the legitimacy of the objections raised by most airlines.

  “The department is cognizant that some parties feel that requiring carriers to provide information on their ancillary fees to GDS would be a reasonable way, if not the best way, to ensure consumers can easily comparison shop for air fares,” the department says, but “cannot at this time agree that it is in the public interest to mandate that step, since we lack information critical to a decision on the issue.”

  The department also states that, “in order to permit us time to obtain additional information about costs, benefits and consequences of requiring U.S. and foreign carriers to provide ancillary fee information to GDS, including those involving competition, the department is deferring final action on this matter. The department wants to ensure that any action it takes does not have unintended consequences, particularly given the sensitive nature of the market and the negotiations currently taking place between carriers and the GDS.”

  Many of the biggest U.S. airlines say they want to force GDS to lower their booking fees in exchange for access to the airlines’ pricing data on optional services. The carriers describe it as “one of the few bargaining chips available to compel GDS to reduce their unreasonably high fees.”

  Critics of the airlines’ stance argue that the carriers also prefer a lack of transparency in comparing fees and all-in pricing, as it could force them to lower some of the fees to remain competitive.

  With Robert Wall in London.

  Photo Credit: EPA/Landov

• BIAL - A new start in Indian aviation

  The new greenfield Bangalore International Airport at Devanahalli will put Bangalore city on the global destination map and will offer travellers facilities comparable with the best international airports. The Airport is envisioned to meet the growing aviation needs of the city through the development of a passenger friendly, well operated and financially sound airport. Mr Albert Brunner, CEO, Bangalore International Airport Ltd. talks to AviationWatch about the developments at ground zero and his plans to make it a truly world class airport.

  Why does Bangalore need an international airport?

  Bangalore does have an airport. However, the existing Bangalore airport is located within city limits and suffers severe limitations for expansion of both airside and landside facilities. These constraints do not allow expansion of the airport. In order to keep pace with the rapid development in Bangalore as India's leader in information technology, biotechnology and the services industry, the Government of Karnataka and the Airports Authority of India initiated the greenfield airport project north of Bangalore. Bangalore's current airport is the fourth largest in India. BIAL, when completed, will be the first international airport in India built, owned and operated by a public limited company with a majority of private shareholders. The financial close was reached at the end of June 2005; construction began on 2nd July 2005 and will last, including the testing phase, for 33 months. The new Bangalore International Airport is estimated to open for commercial operations on April 2, 2008.

  What is the current state of construction?

  It is twenty months since the construction at the new greenfield site started and it is now nearing 60% completion as we speak. Currently the entire project work is in progress i.e. the Terminal building, the Air traffic control (ATC) & technical block, runway, apron and taxiway and all the other ancillary buildings. It is important for me to point out here that building a new private greenfield airport in India is much more than a construction project. It means setting up of an unprecedented legal framework, coping with huge time pressure, recruiting and training personnel from a large talent pool with limited experience in airport management. It also requires selection of partners like flight caterers, ground handlers and dutyfree & retailers etc., who are willing and able to provide service according to the highest international standards. The opening of Bangalore International Airport represents a new start in Indian Aviation with regard to the experience of the passenger on the ground. Bangalore, being the Silicon Valley of India and probably the most modern and multicultural city of India, shall have an airport that stands for the new modern and international India, proud of its culture and history, but part of the global economy.

  What will the airport's capacity be?

  The new airport will be able to handle 11 million passengers annually. This project will cost approximately Indian Rupees 1930 crores, which is equivalent to approx. US $ 430 mio with added investment of approx. Indian Rupees 750 crores made by selected concessionaires. The Master Plan of the new Bangalore International Airport has been developed to fulfil the need for an operationally efficient and passenger friendly airport for Bangalore. It ensures that the size and capacity of the airport facilities can be gradually expanded based on the passenger and cargo growth. The land at our disposal allows us to develop the airport up to a capacity of approximately 50 million passengers a year. The Master Plan not only includes provision of premium land for commercial real estate developments such as office parks, retail, entertainment and hospitality but also land reserve for a rail link to the city.

  How will it compare to other international airports in India and around the world?

  BIAL will aim to make the new Bangalore International Airport one of the best airports in India. BIAL is truly passenger focused. For example, passengers will be able to transfer between domestic and international flights under one roof. Furthermore, we are one of the first airports in India to have a first class Business hotel within walking distance from the terminal building. We will also have a leisure and entertainment area for "meeters and greeters". Passenger experience should combine business and leisure, therefore it is part of our vision to develop 215 acres of commercial real estate for the airport city. It will house business centers, entertainment centers, malls, office space etc. BIAL has pioneered the partner selection approach for airside services through selection of professional international partners. We will offer competitive price structures and achieve defined quality and service levels for services such as fuel facility, cargo handling, ground handling, duty free & retail, food & beverage, flight catering and many other services.

  How does BIAL plan to tackle its manpower requirement of 500 people and what are the employee benefits?

  We have been building the BIAL organisation step by step. When we started out in India, we were just a 6 member team and today we have grown to almost 70 members. Till now, our focus was to build the leadership team and then move to other levels. This is a specialized field and we have been successful with the initial phase of the recruitment. The expansion of air transportation in India is amongst the fastest in the world and there is a scarcity of experienced personnel in this field. The challenge is not to find well educated people, but well educated people with loyalty, strong dedication and most important, experience in airport operation and airport marketing. Over and above the fascinating work environment and competitive compensation structure, BIAL offers its employees long term job stability along with all the other perks that come with a regular job i.e. : employee provident fund, medical insurance for self and family, accident insurance for self, annual leave encashment, maternity leave and a sound HR policy. The retirement age at BIAL is 60 years.

  In Focus: Business Jets

  Till 1986, there were only 50 aircraft, both fixed - wing and helicopters registered for private and charter use in India. The fixed wing segment were predominantly dominated by the Beech King Air C-90s and the helicopters were largely the Bell 47G models.

  However, business aviation has seen a phenomenal rise since those days and the last ten years have witnessed an exponential growth. Arguably, the September 11, Al Qaida bombings may have had their say in how business houses value their staff and how they plan to circumvent the threat of terrorism. But what has catalyzed the surge in India is the liberal economic environment and free market forces which has translated into a booming economy and huge cash reserves both at the corporate and personal levels. The corporate sector understands that it makes business sense to own its own aircraft and business aircraft manufacturers are working hard to meet the varied and rising demands. There is immense competition within the space to grab market attention and grab a share of the booming market.

  India today probably offers the largest potential for executive jet manufacturers in the Asia Pacific region. This can be gauged from the fact that close to a 100 import permissions have been granted to 70 business firms to buy business jets in 2006 alone. The statistic is mind boggling when compared to figures of past years. Biz jet manufacturers see India as vital to their global plans and are bracing up for competition by reinventing themselves and catering to an emerging market. Bombardier produces business jets that range from the Learjet light aircraft to the ultra long range Global Express XRS that has a range of 6500nm. It has invested aggressively in its charter operation business "Skyjet" which offers a jet card system that allows customers to buy the use of a business jet for as little as 25 hours. The concept is working fine in markets in the US, Middle East and Europe and Bombardier plans to offer it across the globe.

  Gulfstream is a name synonymous with luxury in the business aviation segment and offers aircraft in ranges of 2950nm to 6750 nm. Its flagship is the G550 which offers technology upgrades and allows for safe operations in areas of high terrain and poor visibility. Cessna has been adding to its product line and recently announced launches of the Citation CJ4 and the upgraded Citation XLS+. Its Citation Mustang, which many believe is an entry level business jet at US $2.54million gives good value for money but it is this very light end of the market where the most excitement seems to be on offer. However, the entry level market seems to have been shaken up with the introduction of the ultra light jets Eclipse 500 and the Adam Aircraft 700 on offer at a price of just US $ 1.5 million. The Eclipse 500 is the brainchild of Vern Raburn of Microsoft who has the backing of Bill Gates in developing this four seater with a range of 1125nm with many air taxi operators in the US already queuing up for deliveries.

• Error Management In Aviation: It Is How We See Than What We See Matters

  By: Mr. Subramanian Swaminathan, Jt. GM ATM-OPS AAI, RHQ, NR, New Delhi.

  I normally am glued to the idiot box whenever a tennis grand slam event picks up heat, especially when the tournament reaches the last eighteen stages. For many years until now, I was never ever perturbed about my lack of knowledge of the nomenclature in the game, as to why the points start at love all or jump to 15 to 30 to 40 and not 45. Deuce and advantage and back to deuce has never baffled me. Yes, until recently. The term forced and unforced error has really gone beyond my eye balls and impinged me so deeply that I launched myself on the net to fish for the exact details.

  Forced errors.. unforced errors ….An unforced Error is when the player has time to prepare and position himself or herself to get the ball back in play and makes an error. This is a shot that the player would normally get back into play. The real keys here are time and position. When the opponent takes away time by hitting the prior shot with extra pace this can result in a forced error. Also, when the opponent forces the player out of position with placement (depth and/or angle) this can result in a forced error.

  Slam tennis.. Move over to aviation. A system can induce such forced errors if we are in pursuit of the wrong objectives. The Goal in this ZIP ZAP ZOOM industry is clearly one, a capital ONE.. ZAP i.e Zero Accident Policy. However, driving it too hard may prove disastrous and that is focusing on ZIP or Zero Incident Policy. There are several illustrations, but the one fresh in our minds is the Mangalore crash in 2010.

  A critical factor that has been reported in the media refers to the Air India Express diktat, which bars its pilots from hard landing that exceeds 1.65G. To put it in simpler terms, when a plane’s undercarriage touches down on the airport runway, its sink rate which is perhaps at 200 feet per minute becomes zero feet per minute in just a few seconds. A hard landing occurs when the aircraft touches down with a thud on the runway instead of having a smooth transition while reaching the ground. Such a hard-smooth landing is termed as “touchdown G” by pilots. The higher the value of G, the harder the landing of the aircraft would be.

  An Air India Express diktat bars pilots from hard landing exceeding 1.65G. When the undercarriage of a plane touches down on the runway, the sink rate goes from say 200 feet per minute to zero feet per minute in a few seconds. So for a higher sink rate, the impact on touchdown is greater and vice versa. A hard landing typically occurs when the sink rate is high and the aircraft touches down on the runway with a thud instead of doing a smooth transition onto ground. The hard or smooth quotient of a landing is expressed in a term called "touchdown G''. A 1G landing means the force which acted on aircraft tyres at the instant of touchdown is equivalent to the weight of the aircraft (1 x aircraft weight). A 2G landing would mean the force is two times the weight of the aircraft. Higher the value of G, harder the landing. In fact the manufacturer, Airbus specifies a maximum permissible limit of 2.6G.

  Another interesting event occurred in 2002, though not an incident per se, worth taking cognizance of. In Trivandrum en route radar the controller cleared an Air India flight inbound the 307 Radial for a landing at Trivandrum and maintaining FL 290, on first radio contact, when the aircraft was yet to come under Radar coverage. The pilot acknowledged the clearance. An opposite direction Kuwaiti was given climb to FL 280, requesting FL 310(West bound CVSM level) on a heading that would eventually ensure lateral separation from the opposite direction AirIndia A310. The Air India flight was identified a while later once Radar Contact. At 100 NM from Trivandrum the Kuwaiti was passing FL 260 and asked for a clearance to climb FL 310. The Air India A310 was at that point in time approximately at a 120 NM and the tracks were well separated by more than the required minima laterally. However, the controller asked the Kuwaiti to standby, insteadof issuing a clearance for an uninterrupted climb to FL 310. At 110 the Kuwaiti reached FL 280 at around the same distance and time the Air India A310 turned left.The controller queried the Air India about the turn that he observed, and the reply from the flight crew was that the TVM VOR was not locking earlier and since the aircraft was flying on IRS, there was a track difference of more than 3 to 4 degrees between the IRS and the VOR Radial. The reduction in separation or air miss was avoided only because of divine intervention or a seventh sense of the controller. Even today we are depending on terrestrial navigational aids and at the same time making a transition into the celestial navigational aids. And the simultaneous use or step by step use of the two systems may have some unknown gaps which can be the source of a few forced errors.

  Irrespective of the impressive safety record of ATM many studies from a number of different safety critical areas - such as aviation, process control and maritime operations - have shown that a majority of incidents and accidents involve human error. The current air traffic system is in some respects stretched to its capacity limits and the challenges to safety of the ATM system may increase in the near future due to the projected traffic level increases and the introduction of computerised and automated tools. These changes will have impact on the method of operation in ATM and may affect the types of errors, the error rates and the chances of recovery. As a consequence of this it is important to be able to learn from human error events to ensure that the current high-level of the safety of the system will not be compromised. Studies have shown that human errors have contributed to about 90% or more of ATM incidents (Kinney et al., 1977).

  By simply stating that almost all incidents are related to human errors does not advance the understanding of the incident causation and thereby the chances of mitigating the causal sequence of events. Indeed, if the investigation of critical events in the area of ATM stops at the conclusion that it was caused by a controller error, little is achieved except finding a culprit for the adverse consequences. The chances of learning from the incidents and thereby understanding why they occurred have been omitted and, just as important, we do not obtain knowledge about how many similar errors normally are prohibited from having consequences on the system safety. The quick wind up by indicting the human in the loop leads to two undesirable consequences on the longer run:

  • Once bitten twice shy the human operator tends to be overcautious and compromises with service delivery, expedition and ultimately system efficiency.
  • The objective of mitigation of similar occurrences in the near and long future by a better study and analysis by the same controller and many other controllers at the same facility and various facilities is completely obliterated.

  To minimise the risk of events that may compromise the safety of the air traffic it is important to develop error resistance strategies. Error resistance strategies can be divided into two main categories, namely error prevention and error correction (Lewis and Norman, 1986; Frese, 1991).The Error Prevention strategies are unforgiving to errors. An obvious solution to avoid such unwarranted consequences is to make initiatives to prevent the occurrence of human errors (e.g. through failsafe protection devices, automation and enhanced procedures).

  Safety strategies narrowly based on error prevention, as has been already detailed, may not be successful for several reasons. First of all, human errors will inevitably occur and it is impossible to anticipate which errors will occur in a specific task context. In particular errors that require insight into the higher underlying goals may be difficult to detect by automated detection devices (Brodbeck et al., 1993)

  Second, by focusing exclusively on avoiding various kinds of errors there is a risk of imposing excessive limitations on the performance which may compromise both effective and adaptive behaviour. Actually, it has been argued that the efficiency of error avoidance strategies has been exhausted in ultra-safe areas such as aviation and air traffic control, and that the end result of increased error suppression may in fact be counterproductive seen from a safety perspective (Amalberti, 2001). Thirdly, studies have shown that most errors are actually detected and recovered before leading to adverse consequences by either the perpetrator or colleagues (Amalberti & Wioland, 1997). Since human errors are inherent to real life and people have powerful capabilities to control errors it is important to a larger extent to try to manage the manageable and to support people’s chances of detecting and recovering from errors. Consequently, error management should be considered an important supplementary safety goal.

  In spite of a growing interest in the field of error management the understanding of how errors are detected and recovered has failed to keep pace with the understanding of the mechanisms underlying human error. A possible explanation of the scarcity of studies of the error handling process in safety science may be found in the fact that error reduction has for a long time been considered the primary and most important means to achieve high reliability and safety. In other words: the "zero accident policy", which remains the ultimate safety goal, has been interpreted as the "zero error policy" (Wioland & Amalberti, 1996). The zero-error policy is not only problematic because it ignores the fact that there is a random aspect about human errors and some types of errors may be difficult to avoid (e.g. cognitive tunnel vision and confirmation bias). The problem is also that the zero-error policy underestimates or ignores the potentially positive value of errors (Senders & Moray, 1991; Frese & Van Dyck, 1996):

  The result of an over-emphasis on error avoidance will be a reduced ability to cope and control error-induced problems.. On the other hand, the more errors we make the better we get at dealing with them. Since errors can be upsetting and frustrating, experience with error situations can be important in relation to learning to deal effectively and rationality with such situations. That is, by having experienced similar error situations before the person will know how to correct the error quickly and, as a consequence, also be less upset when such situations arise.

  Error avoidance strategies will put limits on the range of behaviour that is possible and thereby reduce the chances of applying creative solutions to novel and unexpected problems. Such solutions might be important in relation to finding better ways of doing things. Experience with error situations may be beneficial in the development of an understanding of the dynamics of a system. Errors constitute an important feedback concerning what the person does not know yet and can therefore be used as a means to remove previous misconceptions. A couple of years ago there was strange medical case where a female child had no pain conveyed o her brain. The first thought that crossed my mind was that this child was a really blessed one that she did not have to go through what the rest of the humanity and for that matter the extended animal kingdom had to go through. However, I was startled to know a top team of medicos were working overnight to put the” pain” back into her system. Without pain the child would never ever know even if she were to have a deep cut in her wrist and is bleeding profusely which can be life endangering. Pain is the only way we come to know of a physical system failure. The feedback system is vital. Errors in Aviation are akin to pain in the human beings. You hate to have it, but it is worse than you can ever imagine not having it. Therefore you better have it than not.

  The increased scientific and practical interest in the field of error management has created an impetus for a new attitude towards human errors and towards the role of human operators in the control of complex systems. The traditional view of the human operator within the area of human reliability research has been that human operators are "intelligent but fragile" machines and, as a consequence, the role of the human actor should be minimised (e.g. through automation). A more positive attitude towards the human operator has gradually emerged as a result of recent research findings. These results have, among other things, revealed that human operators develop protections and defences against their own cognitive deficiencies (Amalberti & Wioland, 1997). In this manner the human operator plays a positive role in returning a system to a normal and safe state after the occurrence of an error. This positive role is, of course, not limited to the recovery of human errors, but also to technical failures. Imagine, situations such as Radar system failures, where the controllers restore normalcy in no time by safely transitioning into the procedural(non radar) control of the air traffic or a pilot landing safely into the Hudson after a major system failure of the on board avionics.

  If error management should be considered an important safety strategy it should be possible to build safety barriers into man-machine systems based on error management. Actually, research has shown that recovery is more than sheer luck and coincidence (Van der Schaaf & Kanse, 2000). The results indicate that recovery is something that can be planned for and that the human operator can play a powerful role in relation to preventing small failures and errors from developing into actual system breakdowns. More specifically, several researchers have demonstrated how different human factors initiatives - such as training, design and organisational culture - can support the human recovery process.

  The focus should be on designing excellent DSS(Decision Support Systems) and DST(decision Support Tools) which focus on mitigating the consequences of human error. Rasmussen (1984) has proposed that error recovery is critically dependent on the observability and reversibility of errors and their effects. Training is another important KRA (Key Result Area). It has been suggested that coping with errors may be an important part of acquiring skills and expertise in a specific domain (Seifert & Hutchins, 1994). Therefore, errors should not necessarily be viewed as something that should be avoided at any prize, but instead as an opportunity to develop professional problem solving abilities and the system should support coping with them to ensure low system output error. In fact, the most proficient problem solvers may not necessarily be those who commit fewer errors, but those who have the greatest abilities to recover from their errors (Allwood, 1984). Reinforcing the error handling capabilities may be achieved through training concepts such as error management training. In this training technique trainees are encouraged to have a positive attitude towards errors (e.g. by simple heuristics such as “I have made an error. Great!”) and forced to make errors (e.g. by giving them problems that exceed their level of expertise) (Dormann & Frese, 1994). Several human computer-interaction studies (Dormann & Frese, 1994; Nordstrom et al., 1998) have demonstrated a higher after-training performance for trainees being exposed to the error management training compared with trainees being exposed to error avoidance training. Organisational culture is another important factor. Organisations may vary in relation to their error culture. At one extreme an organisation might aim at avoiding errors at all in so far as errors may be associated with grave consequences. This approach can have some negative side effects. If, for example, an organisation has a strong error prevention philosophy it will normally imply that errors are severely sanctioned which means that people will be unwilling to report errors. The result may be that the organisation misses a vital source of information in relation to learning from errors. Furthermore, a defensive attitude might be the result and many resources will be spent on covering up errors instead of benefiting from their potential learning value. On the other extreme, organisations associated with a high-level of error tolerance – entailing factors such as openness to errors, analysis of the errors committed and long-term learning - may instead benefit from errors. Such an approach may ultimately play a significant role for the success of an organization. Empirical data supports the notion that organisations characterised by an error tolerant culture have a higher tendency to also be associated with the highest level of performance, as measured by both subjective and objective performance scales (Van Dyck et al., 1999). As also supported by the above-described studies of error management training this could indicate that the way people perceive errors and handle them influences performance. It can also indicate that these organisations become better at implementing defences and barriers to avoid the negative consequences. This culture is at the very root of the JUST CULTURE concept. Though well meant and adequately elaborately stated, vast improvement is desired from the point of view of understanding of this culture from the incident investigators, ANSPs, regulators, enforcers, legal eagles and even the general public.

  There have been some discussions about whether it is correct to speak of "errors" at all. It has been argued that the attribution of cause to the human (and not some system) components is to some extent dependent on the stop rule applied in the after-the-fact analysis of the causal chain and is therefore not dependent on any objective standards (Rasmussen, 1983). When analysing the causes of substandard system performance the search back through the causal chain will typically continue until a familiar and reasonable explanation has been found and a cure is available. Since the human component plays a salient role in the man-machine systems there is a large chance that the search for the causal explanation will stop when having found a "human error". The attribution of the cause to human error is also convenient because a well-known cure is available (such as "blame and train"). The label “human error” also implies "man-machine misfits" (Rasmussen, 1983) or "erroneous actions" (Hollnagel, 1990).

  An attribution of adverse events to the human component of the man-machine system is also problematic because it from a legalistic perspective implies a neglected and thereby punishable act. In this manner the human controller becomes the scapegoat and is blamed for some undesirable consequences. This is unfortunate because the actions performed by the controller are selected on the basis of what is thought to be the most appropriate action in the given situation. Nonetheless, bad outcomes (i.e. incidents and accidents) will often be attributed to process defects (for example, a bad decision) in spite of the fact that there is a loose coupling between process and outcome. That is, good decisions may in some situations be followed by bad outcomes, but in other situations be inconsequential. Nonetheless, hindsight bias - i.e. the tendency to judge the quality of the process on the basis of the product and to over-estimate what could have been known in advance - can have strong implications for error analyses.

  Finally, to label some process defect as “human error” implies that there exists a criterion or standard that the performance can be compared with and that the performance does not satisfy this criterion. The most obvious criterion to apply is the standard operating procedures. However, the standard operating procedures do not necessarily constitute an unambiguous criterion. First, not all situations can be covered by the standard operating procedures. Second, people rarely recognise rule violations made by themselves as errors, because the violations may be motivated by efficiency and/or safety concerns (for example, an ATCO may not provide a pilot with traffic information after resolving the conflict due to other pending tasks in spite of this being required according to the procedures). Actually, violations and modification of formal rules might be quite rational given the actual workload and time constraints. Furthermore, such violations might be an integrated part of the established practice (Rasmussen, 1997). In addition, as pointed out by Reason (1997) the proliferation of well intended procedures may serve to reduce compliance with procedures and may thereby be an invitation to violations. An alternative criterion could be violation of good working practice. That is, would other professionals with similar background have acted likewise given the constraints of the situation or was the performance below a generally accepted standard. This criterion may be of particular relevance in an area such as air traffic control insofar as it is a domain that is, in comparison with e.g. aviation, less dominated by procedures. However, this criterion is also problematic because different people may have different conceptions (dependent on e.g. background and culture) of what constitutes good working practice and, again, hindsight bias may obscure the validity of such judgements. Interestingly A NavCanada (ANSP) incident investigation of a Mooney aircraft which crossed the flight path of another fixed wing aircraft reports that Controllers violate some of the Standard Operating Procedures in order to expedite traffic, which their management is well aware of, and therefore cannot be solely held responsible for the breach of separation.

  Detailed studies on error management including development of taxonomies have been undertaken by scholars in their doctoral and post doctoral research studies. Thomas Bove (Riso National Laboratory & University of Roskilde) has contributed immensely and his doctoral thesis “A Human Error Management Taxonomy in Air Traffic Control”, an eye opener on the subject, should be mandatorily studied by all stake holders before they sit upon judgments.

  I shall do justice by quoting the hero of the H.G. Wells saga “Around the world in eighty days”, which is a fiction written before the first successful flight, “do not jump on conclusions or else conclusions will jump on you.”

• Suppression of the financing of terrorism

  By: Ruwantissa Abeyratne

  Suppressing the financing of terrorism is a major measure against terrorism. However it is just one of the many tools in a conglomeration of connected measures that goes toward combating terrorism. Therefore, any study of the financing of terrorism and the fight against it would not be complete with an analysis of the collective counter-terrorism measures to be used in combating the problem. This article discusses the subject of suppressing the financing of terrorism against the backdrop of the offence of terrorism and its related issues.

  Abstract : Regrettably, terrorism and transport are linked. Attacks or attempted attacks against society have been carried out frequently through air transport, the most recent at the time of writing being attempts to blow up air cargo facilities in the aircraft. A significant advantage enjoyed by conventional terrorism is the ready funding available from various spurious sources toward the commission of terrorist acts. Therefore, thereis a compelling need for the international community to eradicate the financing of terrorism or at least to curb it. In General Assembly Resolution 51/210 of 17 December 1996, the Assembly called upon all States to take steps to prevent and counteract, through appropriate domestic measures, the financing of terrorists and terrorist organizations, whether such financing is direct or indirect through organizations which also have or claim to have charitable, social or cultural goals or which are also engaged in unlawful activities such as illicit arms trafficking, drug dealing and racketeering, including the exploitation of persons for purposes of funding terrorist activities, and in particular to consider, where appropriate, adopting regulatory measures to prevent and counteract movements of funds suspected to be intended for terrorist purposes without impeding in any way the freedom of legitimate capital movements and to intensify the exchange of information concerning international movements of such funds. The United Nations General Assembly, on 9 December 1999, adopted the International Convention for the Suppression of the Financing of Terrorism, aimed at enhancing international co-operation among States in devising and adopting effective measures for the prevention of the financing of terrorism, as well as for its suppression through the prosecution and punishment of its perpetrators. This article identifies modes of terrorism that are effectively funded and which could affect the safety of transportation. It also discusses State responsibility and the political will of States to respond to this issue.

  Introduction : Suppressing the financing of terrorism is a major measure against terrorism. However it is just one of the many tools in a conglomeration of connected measures that goes toward combating terrorism. Therefore, any study of the financing of terrorism and the fight against it would not be complete with an analysis of the collective counter-terrorism measures to be used in combating the problem. This article discusses the subject of suppressing the financing of terrorism against the backdrop of the offence of terrorism and its related issues.

  The United Nations General Assembly, on 9 December 1999, adopted the International Convention for the Suppression of the Financing of Terrorism,' aimed at enhancing international co-operation among States in devising and adopting effective measures for the prevention of the financing of terrorism, as well as for its suppression through the prosecution and punishment of its perpetrators.

  The Convention, in its Article 2 recognizes that any person who by any means directly or indirectly, unlawfully or wilfully, provides or collects funds with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any act which constitutes an offence under certain named treaties, commits an offence. The treaties listed are those that are already adopted and in force and which address acts of unlawful interference with such activities as deal with air transport and maritime transport. Also cited is the International Convention for the Suppression of Terrorist Bombings,adopted by the General Assembly of the United Nations on 15 December 1997.

  Suppression of the financing of terrorism : The Convention for the Suppression of the Financing of Terrorism also provides that, over and above the acts mentioned, providing or collecting funds toward any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in the situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act, would be deemed an offence under the Convention.

  The use of the word "terrorism" in the title of the Convention brings to bear the need to examine in greater detail both the etymology and the connotations of the word in modern parlance. The term "terrorism" is seemingly of French origin and is believed to have been first used in 1798. "Terrorism", which originally had connotations of criminality to one's conduct, is now generally considered a system of coercive intimidation brought about by the infliction of terror or fear. The most frustrating obstacle to the control of unlawful acts against international peace is the paucity of clear definition of the offence itself. Many attempts at defining the offence have often resulted in the offence being shrouded in political or national barriers.

  In 1980 the Central Intelligence Agency of the United States of America adopted a definition of terrorism which read: Terrorism is the threat or use of violence for political purposes by individuals or groups, whether acting for or in opposition to established governmental authority, when such actions are intended to shock, stun or intimidate victims. Terrorism, has involved groups seeking to overthrow specific regimes, to rectify perceived national or group grievances, or to undermine international order as an end in itself.

  This all embracing definition underscores the misapprehension that certain groups which are etched in history such as the French Resistance of Nazi occupied France during World War 11 and the Contras in Nicaragua would broadly fall within the definitive parameters of terrorism. In fact, this formula labels every act of violence as being "terrorist" engulfing in its broad spectrum such diverse groups as the Seikigunhaof Japan and the Mujahedeen of Afghanistan, although their aims, modus operandi and ideologies are different. James Adams prefers a narrower definition which reads: a terrorist is an individual or member of a group that wishes to achieve political ends using violent means, often at the cost of casualties to innocent civilians and with the support of only a minority of the people they claim to represent.

  The CIA website states: The Intelligence Community is guided by the definition of terrorism contained in Title 22 of the US Code, Section 2656f(d):

  • The term "terrorism" means premeditated, politically motivated violence perpetrated against non-combatant targets by subnational groups or clandestine agents.
  • The term "international terrorism" means terrorism involving the territory or the citizens of more than one country.
  • The term "terrorist group" means any group that practices, or has significant subgroups that practice, International terrorism. See https://www.cia.gov/news-information/cia-the-war on-terorism/terrorism-faqs.html.

  Even this definition although narrower than the 1980 definition cited above is not sufficiently comprehensive to cover for instance the terrorist who hijacks an air plane for his own personal gain. The difficulty in defining the term seems to lie in its association with political aims of the terrorist as is found in the definition that terrorism is really: terror inspired by violence, containing an international element that is committed by individuals or groups against non-combatants, civilians, States or internationally protected persons or entities in order to achieve political ends.

  The offence of terrorism has also been defined as one caused by: ...any serious act of violence or threat thereof by an individual. Whether acting alone or in association with other persons which is directed against internationally protected persons, organizations, places, transportation or communication systems or against members of the general public for the purpose of intimidating such persons, causing injury to or the death of such persons, disrupting the activities of such international organizations, of causing loss, detriment or damage to such places or property, or of interfering with such transportation and communications systems in order to undermine friendly relations among States or among the nationals of different States or to extort concessions from States.8 It is time that terrorism is recognised as an offence that is sui generis and one that is not always international in nature and motivated by the political aims of the perpetrator.

  For the moment, if terrorism were to be regarded as the use of fear, subjugation and intimidation to disrupt the normal operations of humanity, a more specific and accurate definition could be sought, once more analysis is carried out on the subject. One must always be mindful however, that without a proper and universally acceptable definition, international cooperation in combating terrorism would be impossible. A terrorist act is one which is mala in se or evil by nature and has been associated with the political repression of the French Revolution era where, it is said, the word terrorism was coined. A terrorist is a hostishumani generis or common enemy of humanity.

  International terrorism has so far not been defined comprehensively largely due to the fact that owing to its diversity of nature the concept itself has defied precise definition. However, this does not preclude the conclusion that international terrorism involves two factors. They are:

  • The commission of a terrorist act by a terrorist or terrorists : and
  • The "international" element involved in the act or acts in question i.e., that the motivation for the commission of such act or acts or the eventual goal of the terrorist should inextricably be linked with a country other than that in which the act or acts are committed.

  Perhaps the oldest paradigm of international terrorism is piracy which has been recognized as an offense against the law of nations and which is seen commonly today in the offense of aerial piracy or hijacking.

  Acts of international terrorism that have been committed over the past two decades are too numerous to mention. Suffice it to say, that the most deleterious effect of the offense is that it exacerbates international relations and endangers international security. From the isolated incidents of the sixties, international terrorism has progressed to becoming a concentrated assault on nations and organizations that are usually susceptible to political conflict, although politics is not always the motivation of the international terrorist. International terrorism has been recognized to engulf acts of aggression by one State on another as well as by an individual or a group of individuals of one State on another State. The former.typifies such acts as invasion, while the latter relates to such individual acts of violence as hijacking and the murder of civilians in isolated instances. In both instances, the duties of the offender-State have been emphatically recognized. Such duties are to condemn such acts and take necessary action.

  The United Nations has given effect to this principle in 1970 when it proclaimed that: Every State has the duty to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, for incursion into the territory of another State. Every State has the duty to refrain from organizing, instigating, assisting or participating in acts of civil strife or terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts, when the acts referred to in the present paragraph involve a threat or use of force.9

  The most pragmatic approach to the problem lies in identifying the parameters of the offense of international terrorism and seeking a solution to the various categories of the offense. To obtain a precise definition would be unwise, if not impossible. Once the offense and its parasitic qualities are clearly identified, it would become necessary to discuss briefly its harmful effects on the international community. It is only then that a solution can be discussed that would obviate the fear and apprehension we suffer in the face of this threat.

  Acts of international terrorism

  It is said that terrorism is a selective use of fear, subjugation and intimidation to disrupt the normal operations of society. Beyond this statement which stands both for national and international terrorism any attempt at a working definition of the words "international terrorism" would entail complications. However, in seeking a solution which would lead to the control of international terrorism it is imperative that contemporaneous instances of the infliction of terror be identified in order that they may be classified either as acts of international terrorism or as mere innocuous acts of self defence. Broadly acts of international terrorism may be categorized into two distinct groups. In the first category may be included what are termed as acts of oppression such as the invasion of one state by another. In the second category are acts which are deviously claimed to be acts of defence. While the former is self explanatory, the latter-by far the more prolific in modern society-can be identified in four separate forms of manifestation. They are:

  • Acts claimed to be committed in self defence and in pursuance of self-determination to circumvent oppression;
  • Nonviolent acts committed internationally which are calculated to sabotage and destroy an established regime;
  • Random acts of violence committed internationally by an individual or groups of individuals to pressurize a State or a group of individuals to succumb to the demands of terrorists; and,
  • Acts committed internationally which aid and abet national terrorism.

  With the exception of the first category of invasion, the others are prima facie acts of international terrorism which are essentially extensions of national terrorism. That is to say that most acts of international terrorism are a species of the genus national terrorism.

  Acts of defence : Some States claim that internal oppression either by foreign invasion or by an internal totalitarian regime necessitates guerrilla warfare for the achievement of freedom. With more, emphasis, it has been claimed that one state must not be allowed to exploit and harass another and that the physical manifestation of desire to attain freedom should not be construed as terrorism. Often, such acts of self defence prove to take extreme violent forms and manifest themselves overseas, thus giving rise to international terrorism. Acts of defence, as they are called, are common forms of international terrorism and are categorized as political violence. These acts take the form of acts of disruption, destruction, injury whose purpose, choice of targets or victims, surrounding circumstances, implementation and/or effects have political significance.

  Organized political groups plan strikes and acts of violence internally while extensions of these groups carry out brutal assassinations, kidnapping and cause severe damage to property overseas. The retaliatory process which commences as a token of self defence transcends itself to terroristic violence which is totally ruthless and devoid of moral scruples. Usually, a cause which originates as dedicated to self defence and self determination aligns itself to gaining the support of the people, disarming the military strength of the regime against which it rebels and above all seeks to strengthen itself in order that the terrorist movement attains stability. In this instance terrorist acts seek primarily to carry out a massive propaganda campaign in the international community while at the same time concentrating more on individual instances of terrorism in populated urban areas which attract attention more than those committed in isolated areas. Advertising a cause in the international community becomes an integral part of political terrorism of this nature.

  Both the international community and the governments concerned should be mindful that acts of defence can be treated as such only in instances where people defend themselves when they are attacked and not when retaliatory measures are taken in isolation to instil fear in the international community. To that extent, acts of defence can be differentiated from acts of terrorism.

  Nonviolent acts : There are instances where terrorism extends to destabilizing an established regime or a group of persons by the use of threats which are often calculated to instil fear in the international community. Typical examples of this kind of terrorism are the spreading of false propaganda and the invocation of threats which unhinge both the nation or a group of persons against whom the threats are carried out and the nations in which such acts are said to be committed. There have been instances in the past where export consumer commodities of a nation such as food items have been claimed to be poisoned in order that foreign trade between nations be precluded. Although such acts are devoid of actual physical violence, they tend to unhinge the economic stability of a nation particularly if such nation depends solely on the export of the item in question. In such instances, international terrorism assumes proportions of great complexity and succeeds at least temporarily to disrupt the infrastructural equilibrium of the nation against which such threat is aimed. The government concerned is immediately placed on the defensive and attempts counter-propaganda. In spreading propaganda of this nature, the media is the terrorist's best friend. He uses the media of television and radio as a symbolic weapon to instil fear in the public and to cripple the persons or government against which his attack has been aimed. The effect of publicity on people is truly tangible, whether it pertains to the statement of facts or whether it relates to the issuance of threats. Primarily, media terrorism creates an emotional state of apprehension and fear in threatened groups and secondly, draws world attention to the existence of the terrorists and their cause. In both instances, the terrorist succeeds in creating a credibility gap between his target and the rest of the world. Psychological terrorism of this nature is perhaps the most insidious of its kind. It is certainly the most devious.

  Random acts of violence : A random act of violence is normally a corollary to a threat though not necessarily so. Often as it happens, the international community is shocked by a despicable act of mass murder and destruction of property which takes the world completely by surprise. Responsibility for the act is acknowledged later though in many instances no responsibility is claimed. In the latter instance when no responsibility is claimed, the offended nation and the world at large are rendered destitute of an immediate remedy against the offense. Even if motive is imputed to a particular terrorist group, the exercise of sanction becomes difficult as the international community would not condone sanction in the absence of concrete and cogent evidence.

  The difficulty lies largely on the fact that any terrorist act is usually carefully planned and executed. Often one observes that the terrorist cautiously retracts his steps obscuring all evidence unless he seeks publicity. The average terrorist is a militant who employs tactics aimed at instilling fear in the minds of the international community. His acts are calculated to instil fright and paralyse the infrastructure of a state by totally exhausting the strength of his target. He further disarms his target by introducing the element of surprise to his attack. Perhaps the most outstanding element of a random attack is the psychological element where excessive and sporadic acts of violence instil both fear and psychological disorientation in a society. This in turn contributes to undermining and weakening a government's authority and control. The disruptive influence that terrorism of this kind exercises over society often creates disharmony within the, political circles of a nation and unhinges the psychological behavioural pattern of an organized society. Most often the gap between the citizen and the established government both in the State in which the act is committed and in the state against which the act is committed is widened as the average citizen tends to regard his personal security as the most inviolate of rights that has to be protected by his government.

  Acts which aid and abet national terrorism : The fourth facet of international terrorism pertains to acts which promote national terrorism and which are committed outside the State against which the terrorist cause exists. These acts manifest themselves in the maintenance of overseas training camps for terrorists where guerilla warfare, techniques of assassination, destruction and sabotage are taught to terrorist groups who, after sustained training, return to their country and practice what they learn overseas. Such training camps are conducted usually by revolutionary groups and mercenaries on the request of terrorist organizations. A natural corollary to this trend is the collection of funds overseas for the financing of such training programmes, the purchase of arms, ammunition and explosives and the collection of monies involved in meeting the costs incurred by foreign propaganda.

  Indirect acts of international terrorism such as those which aid and abet national terrorism indicate clearly that although there is no identifiable definition of the word "terrorism", the word itself can no longer be associated only with violent acts of aggression. In fact, recent studies reflect that any organized campaign of international terrorism involves both direct and indirect acts in equal proportion.

  Broadly, international terrorism embitters humanity and antagonizes one nation against another, one human being against another. The eventual consequence of the problem is aggression and even war. The main aim of use of the psychological element by the international terrorist which is by far the most obnoxious and objectionable ambition is to polarize humans and society. However, its immediate manifestation and future development are not without features sufficient to cause grave concern to the world.

  Acts of international terrorism, whether in the form of violent or non violent acts have clear and immediate international consequences. They are numerous in nature and warrant a separate study. However, in effect they obtain for the miscreant the same result of creating disharmony and disruption in society. The concept has grown in recent times to portend more serious problems to the international community. Those problems are worthy of comment.

  Terrorism has so far not reached the proportions of being an international conspiracy although one group identifies its objectives and purpose with another. We have not had the misfortune of seeing all terrorist groups band together to work as a composite element. This has not happened for the reason that diverse ideologies and religions have kept each group separate. Nevertheless, there is a strong identity bond between groups and even evidence that one helps the other with training and military aid, even though their causes are quite different. The link between terrorist groups is an important consideration for the world as close association between groups could strengthen a weak force and nurture it to maturity. In addition, strong and established terrorist organizations, under cover of burgeoning groups, could carry out campaigns which would cover their tracks and make identification difficult. In most instances, this was found to be true and investigation reveals that a small group, not too significant at that time to take account of, has been responsible for an act or acts whereas later it is revealed that a much stronger group had masterminded the offenses for its benefit. Another important feature of the growing incidence of international terrorism is the assistance the terrorists receive from the advancement of technology in communication, the manufacture.of sophisticated weaponry and the proliferation of nuclear armament. In today's context, terrorism has blown to unmanageable proportions with the use of advanced weapons of destruction. Arms control plays a vital role in the control of aggression and it naturally follows that terrorism too benefits from the availability of new modes of aggression. The vulnerability of the international community has been mainly brought upon by the paucity of adequate security measures to prevent nuclear theft. With the growth of the nuclear power industry, developed nations exposed themselves to the vulnerability of theft by power groups, in whose hands nuclear weapons act as threats of destruction. The most effective counter measure that can be taken in this instance against the threat of nuclear theft is to take such effective measures as are necessary to protect the stored items and to make known to the terrorist the high risk involved in an attempt to steal such material. Ideally, any hope of theft must be obviated. This can be achieved by strengthening governmental security.

  Problems of deterrence : The only deterrence that would be effective against terrorism of any nature is broadly based on the success of convincing the terrorist that the risk he takes outweighs the benefits which may accrue to his cause by his act. The futility of attempting to wipe out terrorism by the use of military force or the threat of General sanction on an international level is apparent. The terrorist has to be shown that any attempt at terrorist activity would cause him and his cause more harm than good. Deterrence in this context attains fruition when effective thepunitive sanctions are prescribed and carried out while simultaneously denying the terrorist his demands. In both instances the measures taken should be imperatively the terrorist his demands. In both instances the measures taken should be imperatively effective. It is not sufficient if such measures are merely entered into the statute booksOf a state or incorporated into international treaty. The international community has has to be convinced that such measures are forceful and capable of being carried out.

  However, deterrence does not stop at the more imposition of effective sanction nor does it complete its task by the denial of terrorist demands. Perhaps the most effective method of countering terrorism is psychological warfare .The terrorist himself depends heavily on psychology. His main task is to polarize the people and the establishment. He wants popular support and a sympathetic ear. He wants a lot of people listening and watching, not a lot of people dead. Counter measures taken against a terrorist attack, be it hostage taking. Kidnapping or a threat of murder should essentially include an effective campaign to destroy the terrorist’s credibility and sincerity in the eyes of the public. Always, the loyalty of the public should be won over by the target and not by terrorist. It is only then that the terrorist’s risk outweighs the benefits be obtains. To achieve this objective it must be ensured that the terrorist receives publicity detrimental to him, showing the public that if the threatened person, group of persons or state comes to harm, the terrorist alone is responsible. Thereforethe most practical measures that could be adopted to deter the spread of terrorism can be accommodated in two chronological stages;

  • Measures taken before the commission of offense as the effective imposition and carrying out of sanctions and the refusal to readily comply with the demand of the terrorist;
  • Measures taken after the commission of the act such as the skilful use of the media to destroy the credibility of the terrorist cause and to convince the people that the responsibility for the developers at all stages solely upon the terrorist one difficulty in exercising deterrence against terrorism in general and international terrorist in particular is that often, the measures taken are not effective enough to convinceThe terrorist that in the end, more harm would be caused to him than good . Negotiation with the terrorist in particular has to done by professionals specially trained for the task.

  A fortiori, the media has to be handled by specialists with experience. Things would be much more difficult for the terrorist if these were done. The greatest problem of deterrence is the deterrence is the pusillanimity of the international community in the face of terrorism and the feeble response offered by states as a composite body. The reasons for this hesitation on the part of international community to adopt effective measures against international terrorism are by no means inexplicable. When one state supports a revolutionary cause which is aimed against another, it is quite natural that the terrorist is aware of the supporthe is capable of obtaining from at least one part of the already polarized world. Therein lies the problem objectionable ambition is to polarize humans and society. However, its immediate manifestation and future development are not without features sufficient to cause grave concern to the world.

  Acts of international terrorism, whether in the form of violent or non violent acts have clear and immediate international consequences. They are numerous in nature and warrant a separate study. However, in effect they obtain for the miscreant the same result of creating disharmony and disruption in society. The concept has grown in recent times to portend more serious problems to the international community. Those problems are worthy of comment.

  Terrorism has so far not reached the proportions of being an international conspiracy although one group identifies its objectives and purpose with another. We have not had the misfortune of seeing all terrorist groups band together to work as a composite element. This has not happened for the reason that diverse ideologies and religions have kept each group separate. Nevertheless, there is a strong identity bond between groups and even evidence that one helps the other with training and military aid, even though their causes are quite different. The link between terrorist groups is an important consideration for the world as close association between groups could strengthen a weak force and nurture it to maturity. In addition, strong and established terrorist organizations, under cover of burgeoning groups, could carry out campaigns which would cover their tracks and make identification difficult. In most instances, this was found to be true and investigation reveals that a small group, not too significant at that time to take account of, has been responsible for an act or acts whereas later it is revealed that a much stronger group had masterminded the offenses for its benefit. Another important feature of the growing incidence of international terrorism is the assistance the terrorists receive from the advancement of technology in communication, the manufacture of sophisticated weaponry and the proliferation of nuclear armament. In today's context, terrorism has blown to unmanageable proportions with the use of advanced weapons of destruction. Arms control plays a vital role in the control of aggression and it naturally follows that terrorism too benefits from the availability of new modes of aggression. The vulnerability of the international community has been mainly brought upon by the paucity of adequate security measures to prevent nuclear theft. With the growth of the nuclear power industry, developed nations exposed themselves to the vulnerability of theft by power groups, in whose hands nuclear weapons act as threats of destruction. The most effective counter measure that can be taken in this instance against the threat of nuclear theft is to take such effective measures as are necessary to protect the stored items and to make known to the terrorist the high risk involved in an attempt to steal such material. Ideally, any hope of theft must be obviated. This can be achieved by strengthening governmental security.

  The practical solution : The primary objective of international peace and security is the endeavour to preserve the right to life and liberty. This right is entrenched in Article 3 of the Universal Declaration of Human Rights of 1948 and is accepted today as constituting an obligation on all member States to recognize the legally and morally binding nature of the Declaration. Therefore the destruction of human life and the restriction of liberty are acts committed against international law and order. International terrorism destroys both life and liberty. Indeed there need be no doubt in our minds that international terrorism is illegal. To begin with, there should be more awareness in the world today that every human being has the inherent right to life and that the right is protected by law. Any act of terrorism being illegal, becomes subject to law and its punitive sanctions. However, in this instance, unlike in a simple instance of murder where sanction itself may act as a deterrent, the two forces of law and sanction are not sufficient to curb terrorism. The international community should realize that the solution to terrorism lies rather in its prevention than in its cure. Therefore the problem has to be approached solely on the basis that the terrorist on the one hand has to be dissuaded that his act may not succeed while on the other he has to be persuaded that even if he succeeded in committing the act of terrorism, it would not achieve for him the desired results. The philosophy of warfare against terrorism is therefore based on one single fact-that of convincing the terrorist that any attempt at committing a terrorist act would be fruitless and would entail for him unnecessary harm. This simple philosophy should be adopted gradually in stages with the sustained realization that each measure taken is as important as the next and that all measures should be adopted as a composite element and not as those that are mutually exclusive.

  A potential terrorist can therefore be attacked in two ways:

  • By the adoption of practical measures to discourage the commission of the act;
  • By the adoption of such effective measures as would impose severe punitive sanctions if the act is committed.

  In the first instance measures of self help are imperative. They should be adopted with careful planning and the terrorist should be made aware that the communities at large are afforded the full protection of these measures. They are:

  • The establishment of a system of intelligence which would inform the state concerned of an impending terrorist attack;
  • The establishment of counter-terrorism mechanisms which would effectively preclude such catalysts as the collection of arms, ammunition and weaponry;
  • The adoption of such practical measures of self-help and attack as are necessary in an instance of an attack;
  • The existence of the necessary machinery to retain the confidence and sympathy of the public at all times;
  • The persuasion necessary to convince the public that terrorism of any kind is evil and should not be condoned, whatever its cause is.

  The second instance is concerned with measures taken in the event a terrorist act is committed. If strongly enforced with unanimity, such measures as the imposition of laws which bind all nations to view terrorist acts as crimes against humanity can be an effective deterrent. A fortiori, sanctions would further discourage the terrorist.

  Money laundering

  In theory, the financing of terrorism and money laundering are antithetical in that while the former involves the support of terrorism through the injection of funds the latter involves covering money acquired through acts of criminality in a cloak of legitimacy. In other words money laundering is "the process by which the source and ownership of criminally derived wealth and property is changed to confer on it a perception of legitimacy".10 From the point of view of the criminal, there seem to be three basic requirements: a) the need to conceal the true ownership and origin of the proceeds; b) the need to maintain control of the proceeds; and c) the need to change the form of the proceeds.11 However, it is incontrovertible that there is a certain synergy between the two, as one feeds off the other and often the money gained from acts of terrorism are laundered and put back into funding acts of terrorism The enormity and wide-spread nature of money laundering on a global scale is reflected by the fact that the International Monetary Fund has estimated that, during the decade 1999-2009 the aggregate size of money-laundering was anywhere between 2% and 5% of the world's gross domestic product. Just as an example, it is reported that in 2007, the money generated by organized crime in the United Kingdom was 15 billion Pounds Sterling, of which 10 billion was laundered.

  The most fundamental measure taken against money laundering is to criminalize it and to adopt legislative and other measures to identify, trace, freeze, seize and confiscate the proceeds of crime. To this the international effort is quite significant, particular concerning concerted action taken by the Financial Action Task Force (FATF), which is an inter-governmental body whose purpose is the development and promotion of national and international policies to combat money laundering and terrorist financing. The FATF is therefore a 'policy-making body' created in 1989 that works to generate the necessary political will to bring about legislative and regulatory reforms in these areas.14 The FATF has recommended that: the 1999 United Nations Convention for the Suppression of the Financing of Terrorism and relevant UN Security Council Resolutions be ratified and implemented; the financing of terrorism, terrorist acts and terrorist organisations be criminalized; terrorist assets be frozen and confiscated; the widest possible assistance be extended to other countries' law enforcement and regulatory authorities for terrorist financing investigations; suspicious transactions related to terrorism be reported; anti-money laundering requirements on alternative remittance systems be imposed; ensure that entities, in particular non-profit organisations, cannot be misused to finance terrorism; and customer identification measures in international and domestic wire transfers be strengthened.

  The Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (http://conventions.coe.int/Treaty/EN/Treaties/Html/198.htm), signed at Warsaw in December 2005 provides, in Article 2 that each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate instrumentalities and proceeds or property the value of which corresponds to such proceeds and laundered property. The Convention goes on to say that Parties may provide for mandatory confiscation in respect of offences which are subject to the confiscation regime which may include money laundering, drug trafficking, trafficking in human beings and any other serious offence.15 Furthermore it is stated in the Convention that each Party shall adopt such legislative or other measures as may be necessary to require that, in respect of a serious offence or offences as defined by national law, an offender demonstrates the origin of alleged proceeds or other property liable to confiscation to the extent that such a requirement is consistent with the principles of its domestic law.16 There is also provision for each Party to adopt such legislative and other measures as may be necessary to enable it to identify, trace, freeze or seize rapidly property which is liable to confiscation, in order in particular to facilitate the enforcement of a later confiscation.17 A significant provision of the Convention lies in Article 5 which states that each Party shall adopt such legislative and other measures as may be necessary to ensure that the measures to freeze, seize and confiscate also encompass: the property into which the proceeds have been transformed or converted; property acquired from legitimate sources, if proceeds have been intermingled, in whole or in part, with such property, up to the assessed.

  Value of the intermingled proceeds; and income or other benefits derived from proceeds, from property into which proceeds of crime have been transformed or converted or from property with which proceeds of crime have been intermingled, up to the assessed value of the intermingled proceeds, in the same manner and to the same extent as proceeds.

  Conclusion : Cutting off funding and enforcing rigid legislation against the financing of terrorism and implementing such is indeed an effective international measure against terrorism. While some countries have taken effective measures in this regard others are developing legislation.18 However, for any measure against terrorism, the fundamental and compelling factor is the need to infuse a security culture among nations. A security culture, if such were to exist among States, would mean that the States would be aware of their rights and duties, and, more importantly, assert them. Those who belong to a security culture also know which conduct would compromises security and they are quick to educate and caution those who, out of ignorance, forgetfulness, or personal weakness, partake in insecure conduct. This security consciousness becomes a "culture" when all the States of the world as a whole make security violations socially and morally unacceptable within the group.

  With regard to other measures against terrorism, the first step that should be taken to deter terrorism is to be equipped with the expertise to detect a potential threat beforehand and to be prepared for an attack. The next is to intensify security in all susceptible areas, particularly in such places as airports, subway terminals, etc. Surveillance of all people who are seen in such areas as are revealed to be targets of terrorist acts is imperative. There should be more awareness of the threat of terrorist activity particularly in international airports and international bus and train terminals where travel documents should be checked and passengers double checked. Electronic surveillance of passports and other documents have proved to be effective methods of deterrence in this context. Perhaps the most important facet of surveillance is the use of personnel who do not reveal their identity to the public but unobtrusively mingle with the crowds. This category of person can easily detect an irregularity without arousing suspicion and without alarming the common man. It is recommended that together with the armed personnel there should also be trained personnel who in all informality may work together with the security forces in such instances. Another significant requirement is the support of the people. The media should be made maximum use of to educate the common man as to how to react in an emergency and also to be totally distrustful of the terrorist whose acts are calculated to evoke sympathy. The State or persons against whom the terrorist attack is launched should, at all times, use the media to convince the public that responsibility for any destruction or harm resulting from a terrorist act devolves totally on the terrorist.

• Environmental Prospects for the Air Transport Industry

  By: Ruwantissa Abeyratne

  No one would dispute that air transport comes at a cost and that it contributes approximately 2 percent of man-made carbon dioxide (CO2) emissions.' However, it can also not be denied that aviation plays a major role in international business.' An IATA3 survey carried out in 2007 of over 600 companies from five countries revealed that 3 percent confirmed that air transport networks were vital for their investments and business.' Thirty percent of those companies said that any constraint placed on the air transport industry would make them invest less. 'Airbus S.A.S. forecast that demand between 2009 and 2028 would rise to 24,951 passenger and freight aircraft worth US$ 3.1 trillion, an anticipated that by 2028 there would be 32,000 aircraft in service compared with 15,750 in 2009.

  Air transport plays an integral part in the tourism industry where 40 percent of international tourists travel by air. Air transport contributes 10 percent of the world's GDP' and employs approximately 80 million people worldwide. Yet, in the decade 1999-2009, the industry lost US$56 billion. Given that over that period, 20 billion passengers were carried by air, the industry's average loss was US$2.8 per passenger. This shows both the indispensability of air transport to the global economy on the one hand and the resilience of the industry on the other hand, to be able to survive slow periods of growth followed by periods of losses. Against this backdrop, the most significant fact is that the 32,000 aircraft in operation in 2008 will have a much larger mission level of CO2 and other greenhouse gases (GHGs)$ and therefore, the world will have to act strategically and swiftly if emission levels from aircraft are to be maintained a sustainable development9 levels. It follows that if the international community does not take radical action to reduce GHGs on a global level in as little as ten years, the future generation will be living in a planet unrecognizable to the present generation. One commentator has said that the world is at a tipping point in climate change at present beyond which there will be no redemption."

  It is said that today, the amount of CO., methane, nitrous oxide, sculpture dioxide and other GHGs that we breathe are all in excess of what the atmosphere has had in 400,000 years. The concentrations of GHGs are rising at an alarming rate so much that in the years since 1950 these gases have doubled in volume." This does not portend well for the 6.7 billion people alive today (of whom 1 billion are in developed countries which have been the source of around 70 percent of the emissions for the past 50 years)." Although developed countries are the major polluters today, it is thought that developing countries will exceed developed countries in their rates of emissions.

  Burning fossil fuels, be it by industry or the transport sector, is the prime cause of global warming, which affects climate change. Climate change, which is a global problem, is no longer a theory and has fast become an unequivocal reality and a defining issue of our time. Its enormity can be identified numerically. For instance, 2005 was the warmest year on record. There has been a 33 percent rise in global CO 2 emissions since 1987. The Intergovernmental Panel on Climate Change (IPCC)14 records that 5 million extra people are at risk of hunger by the year 2020 if climate change continues unabated. The 2003 heat wave killed 35,000 people in Europe. An environmental campaigner says that there are palpable signs of drastic climate change in the Arctic, which she calls the health barometer for the planet. Whatever happens in the world occurs first in the Arctic the home of the Inuit. In 2004, the Arctic Climate Impact Assessment (ACIA) concluded inter alia, on the basis of work carried out by 300 scientists from 15 countries, that warming is likely to disrupt or even destroy the Inuit hunting and food-sharing culture, as reduced sea ice causes populations to decline or become extinct. The Inuit have lived in the Arctic for thousands of years and their culture and economy reflect their homeland. Climate change in the Arctic would therefore infringe the basic human right of the Inuit to life.

  Shresta16 states that glaciers are retreating in the face of accelerating global warming, as human activities cause steadily increasing concentrations of GHGs in the atmosphere and their melting is an important indicator of climate change. This is confirmed by the Fourth Assessment Report of the IPCC, released in the first half of 2007, which records that most of the observed increase in global average temperatures since the mid 201 century is very likely due to the observed increase in anthropogenic GHG concentrations. According to the Report, rising temperatures in the Arctic have caused a decline of 2.7 percent of sea ice since 1978. A third of the glacier surface in Bolivia and Peru has disappeared since the 1970s. The Report concludes that climate change is one of the most critical global challenges of our time.

  Former UN Secretary General, Kofi Annan, in his 2005 Report to the 59th Session of the General Assembly, observed that one of the greatest environmental and developmental challenges in the 21st century will be to control and cope with climate change. The Secretary General drew the attention of the General Assembly to the fact that entry into force in February 2005 of the 1997 Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC) 17 was an important step toward dealing with global warming. Since the Protocol extends only until 2012, the Secretary General called upon the international community to agree on stabilization targets for GHG concentrations beyond that date. To achieve this goal, scientific advancement and technological innovation must be mobilized for carbon management and energy efficiency, the responsibility for which lies with the countries that contribute to most of the problems.

  In 1997, at the 31 Conference of the Parties (COP) to the UNFCCC, States Parties to the Convention adopted the Kyoto Protocol, under which industrialized countries agreed to reduce their collective emissions of six GHGs by at least 5 percent by 2012. Ambassador Raul Estrada-Oyuela, who had chaired the Committee of the Whole established to facilitate the negotiations, expressed the view that the agreement would have a real impact on the problem of GHG emissions and that 11 December 1997 should be remembered as the "Day of the Atmosphere".

  The Kyoto Protocol, in Article 2(a)(v) calls each State Party to "implement and/or further elaborate policies and measures ... such as progressive reduction or phasing out of market imperfections, fiscal incentives, tax and duty exemptions and subsidies in all greenhouse gas emitting sectors that run counter to the objective of the Convention and application of market instruments".

  The subject of emissions leading to trading is addressed initially in Article 3 of the Protocol which requires Annex 1 Parties (whether individually or collectively) to ensure that their aggregate anthropogenic COZ equivalent emissions of the GHGs from a specific list of substances (Annex A) do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments (Annex B). The stated objective of this provision is that States Parties to the Protocol reduce their overall emissions of GHGs by at least 5 percent below 1990 levels in the commitment period 2008-2012. Article 3(6) provides States Parties that are "undergoing the process of transition to a market economy" a degree of flexibility in implementation of Article 3 and the reduction of their emission standards.

  This approach has been endorsed by many learned and informed commentators, among whom is former US Vice President Al Gore, who in his movie "An Inconvenient Truth" highlighted the fact that the Earth's atmosphere is thin enough that we can change its composition with the emissions we produce through industrial activity and transportation. Gore, who has had a distinguished career both as a politician, serving as Vice President under President Clinton, and also as an academic with impressive credentials, makes the frightening but accurate claim that the vastly increasing levels of CO2 we produce are thickening the atmosphere so that the rays of the Sun which fall on Earth and bounce back as infrared rays beyond the atmosphere cannot escape the thick atmospheric layer at the rate they did before and are trapped within, making the world warmer. This phenomenon has resulted in CO2 being termed a greenhouse gas as it causes a greenhouse effect by retaining heat within the atmosphere.

  The environmental crisis that we face now derives mainly from solar energy, which under normal circumstances and for years has been retained in quantities that benefit the Earth in terms of the. balance of its ecosystem and biodiversity. The rest is not being released as it should be, as more infrared rays are being trapped due to the CO2-induced layer surrounding the atmosphere. The current scientific consensus is that most of the observed warming over the last 50 years is likely to have been attributable to human activities specifically, the increase in atmospheric GHGs, especially CO 2' due to activities such as burning of fossil fuels, land clearance, and agriculture.

  Another vocal commentator is George Moonboot, who claims that if in the year 2030, CO2 concentrations in the atmosphere remain as high as they are today, the likely result is an increase of 2°C warming above pre-industrial levels, which is the point beyond which certain major ecosystems begin collapsing. The collapse of one's environment would eventually bring about catastrophic results and threaten human existence.

  Against this backdrop this article will address the environmental prospects or the air transport industry over the next few years. Regulatory Measures Taken So Far at The ICAO High Level Meeting.

  The first International Civil Aviation Organization (ICAO)19 meeting exclusively dedicated to aviation and climate change, was convened in Montreal from 7-9 October 2009, followed by the Conference on Aviation and Alternative Fuels (CAAF) at Rio de Janeiro in Brazil from 16-18 November 2009.20 In the words of Roberto Kobeh Gonzales, President of the ICAO Council, this process was about leadership from ICAO and its Contracting States in limiting or reducing emissions from international civil aviation that contribute to global warming.

  ICAO has carried out work relating to aviation CO2 emissions for the past 10 years and relating to other forms of emissions for several decades. This has included examining and developing a range of technological and operational measures for reducing aviation emissions, developing various guidance documents on market-based measures (MBMs) and detailed analyses of MBMs pursuant to resolutions in the past General Assemblies. In these efforts, ICAO has considered, inter alia, options for COZ based aviation emissions charges and emissions trading, and voluntary measures.

  ICAO's 2009 Climate Change meeting began with a sound basis for starting work the Program me of Action by the Group on International Civil Aviation and Climate Change (GIACC) '22 which had been mandated in 2007 by the ICAO Assembly to develop and recommend such a program me, based on consensus, and reflecting the shared vision and strong will of Contracting States. Submitted in May 2009, the Program me was reviewed and approved by the ICAO Council, which convened the High-level Meeting with a view to preparing a position on aviation and climate change for the 151 Meeting of the UNFCCC COP-15 to be held in December 2009 in Copenhagen.

  The GIACC Report : GIACC held four meetings after receiving its mandate from the ICAO Assembly, focusing on inspirational goals and MBMs. The final GIACC Report and its Program me recommended global inspirational goals in the form of short-, medium- and long-term fuel efficiency:

  • An annual fuel efficiency improvement of 2 percent by 2012 for the short term;
  • An annual fuel efficiency improvement of 2 percent from 2013-2020 for the medium term; and
  • An annual fuel efficiency improvement of 2 percent from 2021-2050 for the long term

  GIACC was not able to achieve the part of its mandate which called for consensus on developing goals which demonstrate a stronger ambition. The goals adopted compare to the goals expressed by IATA,24 essentially equivalent of a short-term goal of about 2.1 percent annual fuel efficiency improvement by 2012, a medium-term goal of about 1.9 percent per annum improvement by 2020 and a long-term goal of about 1.1 percent per annum reduction by 2050.

  The GIACC discussed in depth the role of MBMs in reducing the climate impact of international aviation, but consensus to apply those measures was not achieved.

  GIACC recommended that an MBM development process be established, and that it take into account major issues related to their implementation, in particular:

  • The principles of non-discrimination and equal and fair opportunities set forth in the Chicago Convention;
  • The specific circumstances and different capabilities of each Contracting State and region;
  • The inclusion of the most effective and efficient measures only;
  • The facilitation of industry compliance;
  • The need for coordination and non-duplication among MBMs; and
  • geographical scope issues.

  The goals agreed by GIACC will not impose specific expectations on individual States. The different circum-stances, respective capabilities and contribution of developing and developed States to the concentration of aviation GHG emissions in the atmosphere will determine how each State may contribute to achieving global inspirational goals. GIACC expressed support for the development of a CO2 standard for new aircraft types and agreed to a basket of measures that can be selected by States to apply to their international aviation sector in line with their circumstances and capabilities, and which include measures to facilitate access to assistance, particularly for developing countries.

  The need for accurate and complete data on aviation traffic and fuel burn was recognized and further work by the Secretariat under Article 67 of the Chicago Convention 21 was recommended, including the provision of technical and financial support to developing countries. GIACC also recommended that the Council encourage each State to develop its own action plan, which articulates its proposed approach to reduction of climate change effects from their international aviation sector. At the end of its deliberations, the Meeting adopted a Declaration which inter alia welcomed and endorsed the Decision of the ICAO Council to fully accept the Program me of Action on International Aviation and Climate Change, including global inspirational goals regarding fuel efficiency and a basket of measures and the means to measure progress, as an important first step in the work of Contracting States at ICAO to address GHG emissions from international aviation. It also reaffirmed ICAO as the lead UN agency in matters involving international civil aviation, and emphasized ICAO's commitment to providing continuous leadership in international civil aviation matters related to the environment. The Declaration went on to acknowledge the principles and provisions on common but differentiated responsibilities and respective capabilities, and the fact that developed countries will be taking the lead under the UNFCCC and the Kyoto Protocol. It also acknowledged the principles of non-discrimination and equal and fair opportunities to develop international aviation set forth in the Chicago Convention and re-emphasized the vital role which international aviation plays in global economic and social development and the need to ensure that international aviation continues to develop in a sustainable manner.

  States affirmed through the Declaration that, in pursuing the implementation of the ICAO Program me of Action on International Aviation and Climate Change, States and relevant organizations will work through ICAO to achieve a global annual average fuel efficiency improvement of 2 percent by 2020 and an inspirational global fuel efficiency improvement rate of 2 percent per annum in the long term from 2021-2050, calculated on the basis of volume of fuel used per revenue tone kilometer performed.

  Taking into account the relevant outcomes of the UNFCCC COP-15, and recognizing that the Declaration should not prejudge the outcome of those negotiations, ICAO and its Contracting States, together with the relevant organizations, pledged to continue working together on medium and long-term goals. These include exploring the feasibility of goals of more ambition including carbon-neutral growth and emissions reductions, taking into account the collective commitments announced by Airports Council International (ACI), the Civil Air Navigation Services Organization (CANSO), IATA and ICCAIA26 on behalf of the international air transport industry, the special circumstances and respective capabilities of developing countries and the sustainable growth of the international aviation industry, for consideration by the 37th Session of the ICAO Assembly.

  Alternative Fuels : There are currently no sustainable alternative fuels for aircraft in commercial production. However, change is expected in the near future. Planning is underway for the production of new fuels with low life-cycle emissions. When these fuels enter the market, their costs will be high and they may require subsidies or production incentives in order to make them economically viable. As industry gains more experience producing these fuels their costs will decrease, as will their life-cycle GHG emissions. In the long term, industry may design new aircraft and engines to take advantage of unconventional aircraft fuels with extremely low life-cycle CO2 emissions.

  Sustainable alternative fuels for aircraft can be produced from a wide variety of feed stocks. Sources of oil-producing plants such as camelina, moringa, babacu, macauba, jatropha, halophytes and algae are already being evaluated for fuel production. These plants and others can be grown in countries around the world, often with optimum production in particular developing countries or regions. Thus, new sustainable alternative fuels for aircraft may be better suited for regional and local production in countries around the world in light of the variety of potential feeds tocks. With a relatively low energy density, especially compared to crude oil, it is often uneconomic to ship feed stocks over long distances, necessitating local production. Once refined into fuel, the particular source feedstock used is irrelevant to the aircraft.

  Most of the feeds tocks studied to date also produce by-products that may be of value locally. Communities may be able to develop new businesses or other sources of income from alternative fuel production. To meet these objectives, significant investment will be needed in regions where States desire to become producers of sustainable alternative fuels for aircraft.

  In the short term, sustainable alternative fuels for aircraft may be available in limited quantities and have a life-cycle CO2 footprint equal to, or less than, conventional jet fuel. It will be necessary to blend these alternative fuels with conventional jet fuel at up to a maximum of 50 percent to produce a drop-in fuel. Drop-in jet fuels are completely interchangeable with conventional jet fuel, and so will not require modification of fuel handling and distribution systems, including gauges, meters, fuelling vehicles and hydrant systems, as well as aircraft engines, once the fuels have been blended.

  GHG emission reductions in the short term will be limited as sustainable alternative fuels for aircraft are initially introduced. For example, assuming the life-cycle CO2 footprint of sustainable alternative fuels for aircraft provides a 20 percent reduction compared with conventional jet fuel and a 50 percent fuel blend makes up 10 percent of the total jet fuel market, the GHG emissions reduction would be 1 percent compared to forecast emissions without the new fuels. However, reductions in particulate matter and sculpture oxides will be more significant. Achieving air quality benefits from the use of these fuels is independent of production life-cycle considerations.

  In the medium term, it is possible that sustainable alternative fuels for aircraft will be available in much larger quantities. The significant research and development activity currently underway is expected to lead to a number of commercial-scale production facilities. The Commercial Aviation Alternative Fuels Initiative (CAAFI) is currently seeking to ensure that at least 10 alternative jet fuel production facilities are built and in operation within five years.27 Also, these new fuels will have been certified for greater use in blends, possibly up to 100 percent alternative fuel, thus moving from drop-in blend fuels to drop-in neat fuels according to industry roadmaps. During this time, the fuels may even reach cost parity, especially if the value of their carbon reduction benefits is accounted for.

  As the aviation industry increases its use of sustainable alternative fuels for aircraft, on-going efforts will be applied to reduce the life-cycle impacts of these fuels. These may include: thoroughly exploring and identifying feedstock resources; enhancing resource quality; improving oil recovery and extraction; finding markets for co-products; creating higher value co-products; improving the efficiency of converting raw befouls to jet fuel; and reducing the length and number of transport links.

  As for long-term availability of these fuels, the aviation industry may explore more radical fuels that require redesigned engines and airframes. Fuels such as liquid hydrogen and liquid methane might be used to significantly reduce GHG emissions.28

  Managing these cryogenic liquids on an aircraft will require heat exchangers to vaporize and heat the fuel prior to use on-board29 and the fuel supply infrastructure will need to be substantially redesigned or replaced. While new aircraft designs and new fuel production pathways may be required, these new approaches may result in more sustainable alternative fuels for aviation, particularly Costs Associated with Sustainable Alternative Fuels for aircraft will remain highly uncertain. As a result, these fuels will likely require subsidies or incentives, at least initially, to encourage their production given the risks involved in moving from pilot scale to commercialization.

  The International Energy Agency has projected costs for second-generation befoul plants producing biodiesel to fall an average of 2.5 percent/year between 2010 and 2030 (a reduction of approximately 40 percent). Since there are no sustainable alternative fuels for aircraft being produced today, a specific cost-reduction curve cannot be developed or confirmed for these fuels. There are, however, many projects in various stages of development whose investors believe they can quickly reach cost parity with conventional fuels, although their financial plans and forecasts have not been made public.

  With most of the feed stocks presently being evaluated, a substantial portion of the mass will end up as a by-product of fuel production. Finding markets for by-products (or co-products) will be important for overall process economics. Some high-value markets are available today for select bio-oils, such as nutraceuticals, which are used as nutritional supplements and feed stocks for pharmaceutical production. These materials represent a small part of the total oil produced, and large-scale fuel production may have a significant impact on their market value. Other by-products, such as meal, may be used for animal feed, solid fuel, or similar low-value products; however, these materials will be an important consideration in overall process economics.

  The foregoing discussion suggests that development of new sustainable alternative fuels for aircraft production processes may be able to reduce costs of fuels to compete with conventional jet fuel in the mid-term alternative fuels and incentives to overcome initial regions are candidate locations for sustainable alternative feed stocks, only those that attract sufficient investment will achieve a market presence.

  In its specific focus on Alternative Aviation Fuel, the (GFAAF) produced a Declaration issued by the meeting, which inter alia adopted a Global Framework for Aviation Alternative Fuels (GFAAF),31 as part of the Declaration issued by the meeting, which also specifically suggested, inter alia, the following:

  • That ICAO and its Member States endorse the use of sustainable alternative fuels for aviation, particularly the use of drop-in fuels in the short to mid-term, as an important means of reducing aviation emissions;
  • That ICAO establish a Global Framework for Aviation Alternative Fuels (GFAAF) on aviation and sustainable alternative fuels to communicate what individual and shared efforts expect to achieve with sustainable alternative fuels for aviation in the future for consideration by the 370' Session of the ICA Assembly;32
  • That GFAAF will be continually updated;
  • That Member States and stakeholders work together through ICAO and other relevant international bodies, to exchange information and best practices and in particular to reach a common definition of sustainability requirements for alternative fuels;
  • That Member States are encouraged to work together development, deployment and usage of sustainable alternative fuels for aviation;
  • That funding efforts that support the study and development of sustainable alternative fuels and other measures to reduce GHG emissions, in addition to the funding for research and technology program me to further improve the efficiency of air transport, be maintained or improved;
  • That Member States are encouraged to establish policies that support the use of sustainable alternative aviation fuels, ensure that such fuels are available to aviation and avoid unwanted or negative side effects, which could compromise the environmental benefits of alternative fuels;
  • That the ICAO Council should further elaborate on measures to assist developing States as well as to facilitate access to financial resources, technology transfer and capacity building;
  • That there is an urgent need for measures to facilitate access to financial resources, technology exchange, and capacity building specific to sustainable aviation alternative fuels;
  • That ICAO takes the necessary steps with the aim of considering a framework for financing infrastructure development projects dedicated to sustainable aviation alternative fuels and incentives to overcome initial market hurdles;
  • That ICAO continue to facilitate efforts to develop a life-cycle analysis framework for comparing the relative GHG emissions from sustainable alternative fuels to the life cycle of conventional fuels for aviation; and
  • That ICAO and its Member States should strongly encourage wider discussions on the development of alternative fuel technologies and support the use of sustainable alternative fuels, including befouls, in aviation in accordance with national circumstances. It is worthy of note that one of the recommendations calls for ICAO to organize a meeting of States, financial institutions, fuel producers, feedstock producers, aircraft manufacturers and operators to consider the critical issues of cost and financing infrastructure projects dedicated to aviation alternative fuels and incentives to overcome initial market hurdles. ICAO pledged to carry out the following key activities with a view to supporting the objectives of GFAAF:
  • Providing fore for education and outreach on sustainable alternative fuels for aviation;
  • Providing fore for facilitating the exchange of information on financing and incentives for sustainable alternative fuels for aviation programmers working with the relevant UN and regional financial entities;
  • Facilitating development of standardized definitions, methodologies and processes to support the development of sustainable alternative fuels for aviation, taking into consideration the work that has been done so far in this area; and
  • Supporting a platform for access to research roadmaps and programmers.

  The Conference provided a global forum for the 190 Member States of ICAO to discuss this issue in preparation for UNFCCC COP-15; it adopted the Fuel Readiness Level (FRL) developed by the Commercial Aviation Alternative Fuels Initiative (CAAFI), as a best practice; defined drop-in jet fuel blend and drop-in neat jet fuel; recommended the use of life-cycle analysis as the appropriate means for comparing the relative emissions from alternative jet fuels to conventional jet fuel; endorsed the use of the existing industry qualification and certification processes as the appropriate means for approving a new alternative jet fuel; and made every effort to ensure the consideration of aviation alternative fuels within relevant international, regional and State efforts to develop sustainability criteria for all alternative fuels.

  After the Conference, ICAO has offered the view that sustainable drop-in alternative fuels produced from biomass or renewable oils offer the potential to reduce life-cycle GHG emissions and therefore reduce aviation's contribution to global climate change. Sustainable alternative fuels could be an important tool in the efforts to close the mitigation gap while allowing the sector to respond to growing demand, and the use of such fuels may also offer reduced emissions of particulate matter, lessening aviation's impact on air quality as a result of the significantly lower fuel sculpture content.33

  Future Prospects : Common but Differentiated Responsibilities In addressing climate targets, the first challenge that air transport must face is the concept of common but differentiated responsibilities upon which the UNFCCC is based. This is particularly challenging for ICAO, which is based on the principle of one vote per nation and is grounded on the principle of non-discrimination. The Common but Differentiated Responsibilities principle is enshrined in Principle 7 of the Rio Declaration on Environment and Development34 under which states shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth's ecosystem. In view of the different contributions to global environmental degradation, States have common but differentiated responsibilities. The developed countries acknowledge the responsibility they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command. Principle 7 enshrines the equitable norm that States may use resources according to their capabilities and limitations and that nations with varying capabilities must be treated accordingly. The core thrust of the principle is global partnership and international cooperation. Therefore both developed and developing countries have a common goal of protecting the global environment. Principle 7 also denotes the ecological interdependence of all States. A cardinal principle of public international law is sovereignty and the sovereign equality of States.35 An inevitable corollary to this principle is that legal obligations are based on reciprocity which binds each State equally. However, since States vary in size, capability and economic strength, substantively equal treatment becomes difficult, thus paving the way for differentiation of responsibility among States.

  In the past, such differentiation has been applied at various instances in the United Nations, such as the Security Council where five permanent members enjoy equal veto powers but other member States of the UN do not have this power. Similarly Principle 7 differentiates between countries in determining the degree of responsibility that a country has in addressing and remedying an environmental problem.36 It also requires all States to participate globally in having a common approach towards addressing environmental problems by adopting environmental standards (an approach which is commonly called commonality of responsibility).

  However, it admits of different obligations for certain countries, taking into account mitigating factors such as their share of responsibility for aggravating a particular environmental problem (which is commonly called "differences in obligation").37

  Thus, owing to their peculiar circumstances, States have different capacities at different stages of development and ineluctably different levels of responsibility and kinds of obligations for addressing international environmental issues. As a result, the principle allows a certain flexibility in terms of how different categories of States address specific environmental threats. Thus, in international environmental law, different groups of countries may often be given different timetables to implement a common commitment.38

  Treaties also include technology transfer and aid mechanisms, both of which serve to address the concerns of countries with less ability to implement the obligations imposed by the treaty. For example, the Convention on Biological Diversity (CBD)39 provides inter alia that "for the purposes of financing ... consideration shall be given to the special situation of developing countries" :40

  Usually, the common-but-differentiated-responsibility principle is applied in terms of developed and developing countries with regard to environmental protection by explicitly affirming higher standards for developed States.41 The rationale behind this practice is to encourage developing countries to commit to the idea of environmental responsibility, whilst not unduly pressurizing them to carry out responsibilities in the same manner as developed countries who may contribute more to environmental pollution and also be better able to mitigate it. Therefore, by implication, developed countries must assume a greater responsibility for environmental protection than developing countries there is also the understanding that when the principle of common but differentiated responsibilities is incorporated into international environmental law, there is a requirement for developed countries to exercise leadership by example in an effort to prevent and/or curb environmental pollution.42

  Some argue that the Principle could result in economic advantage to developing countries. Applying the Principle could bring in less demanding environmental obligations and encourage industries to relocate from developed to developing countries. It is argued that the result may be job loss in developed countries and job creation in developing If everybody does what they are best at, rather than what they are just good at, and does only that, everybody will be better off. You don't have to be the very best at anything. In fact, you don't have to be better than your trading partner at anything. All that matters is that you produce what you are least worst at.43

  The application of this theory to responsibility for emissions implies that the right to emit has become a huge economic advantage, which makes emissions migrate to those who cannot manage them.'

  Carbon Markets and Calculating Carbon Offsets : Carbon markets are a result of carbon trading through offsets introduced by the Kyoto Protocol to the UNFCCC. The carbon market now trades US$120 billion per year. It is envisioned that, by 2025, the market will reach US$3 trillion and it is expected to be the largest commodity market in the world.45 The purpose of carbon markets is to increase mitigation of the effects of GHGs by providing a financial incentive to those entities that are eligible to reduce their carbon emissions ' According to the World Bank's 2009 Report .

  The overall carbon market continued to grow in 2008, reaching a total value transacted of about US$126 billion (€86 billion) at the end of the year, double its 2007 value. Approximately US$92billion (€63 billion) of this overall value is accounted for by transactions of allowances and derivatives under the EU Emissions Trading Scheme (EU ETS) for compliance, risk management, arbitrage, raising cash and profit-taking purposes. The second largest segment of the carbon market was the secondary market for Certified Emission Reductions (CERs), which is a financial market with spot, futures and options transactions in excess of US$26 billion, or €18 billion, representing a fivefold increase in both value and volume over 2007. These trades do not directly give rise to emission reductions unlike transactions in the primary market 47.

  For the purpose of carbon offsets, emissions are calculated on the basis of quantity of fuel burned, or units of other energy sources such as electricity that are expended. In terms of aviation and the environment, one expert states that much of the uncertainty about calculating the environmental impact of aviation emissions derives from the fact that emissions at altitude can instigate a host of chemical reactions in the atmosphere, which each have global warming and cooling effects over a variety of timescales, varying from less than 1 day to several hundred years. The overall effect is certainly one of an increased warming effect compared to emissions at ground level, but the extent of this remains open to debate, both in terms of how to calculate the magnitude of this effect, and what the value should be.48

  The problem about calculating fuel burn is that much of it would be based on assumptions such as the type of aircraft and an extrapolation of trans boundary pollution between origin and destination. Detail on the assumptions underlying these figures is beyond the scope of this paper, but can be found in the literature. It is only necessary to note that some calculators may use a multiplier as high as 4, whilst others may regard the issue of a multiplier as too contentious, and deal only with the warming effects of CO2.

  The European Emissions Trading Scheme (EU ETS) : The EU ETS is perhaps the most far reaching from a global perspective. Under this scheme, by 2012, the EU Member States (responsible for about22 percent of global CO2 emissions) are required to reduce their CO2 emissions to on average 8 percent below their 1990 levels as part of the commitments of the Kyoto Protocol. Each Member State has been given a fixed number of emission rights, and should not emit more than the number of rights it possesses. Such a reduction will be useful to fight climate change, but quite a few important countries (most notably, the Third World, India, China, the United States and Australia) have not committed themselves to similar emission caps.

  According to the EU ETS, each country has the flexibility to achieve emissions reductions in several ways, including energy savings, reforms in the transport sector and stimulating renewable energies. Some commentators disagree over the ETS approach and whether the scheme will be a success or not.

  Most relevant to this article, the EU member States have granted industry/power companies a number of special emissions rights. Specifically, operators are allocated emission allowances (one tone of CO2 per year), with the total number of allowances allocated limited according to the overall emissions from the activities covered by the Scheme. By 30 April each year, operators must surrender allowances to cover their actual emissions. Operators can trade allowances so that emissions reductions can be made where they are most cost-effective. In addition to allowances allocated under the Scheme, operators can also use credits from emission-reduction projects under the Kyoto Protocol (Joint Implementation and ‘Clean Development Mechanism) to cover their emissions.

  The relevant European Union directive (2003/87/EC,49 amended by Directive 2008/101/EC on 13 January 2009) originally included the aviation sector in the EU ETS. In 2011, only flights between EU airports would be included in the Scheme. From 2012, this would be extended to all flights50 arriving at or departing from an EU airport. Where a third country had measures in place to reduce the climate change impact of aviation, the Scheme would not apply to flights arriving from that country. The objective of the proposal was to provide a model for aviation emissions trading that could be a point of reference in the EU's contacts with key international partners and to promote the development of similar systems worldwide. The Commission also supported the objective of a global agreement aimed at effectively tackling aviation emissions at global level.

  The key aspects of the proposal are that aircraft operators would be the entities responsible for complying with the obligations imposed by the Scheme. Under the proposal, each aircraft operator, including operators from third countries, would be administered by one Member State only, in order to avoid duplication and an excessive administrative burden on aircraft operators. Initially, the Scheme would only cover CO2 emissions although there the end of 2008.

  Another feature of the proposal was that, in contrast to the existing Scheme, the method of allocating allowances would be harmonized at the level of the EU and not at Member-State level. The Scheme calls for the total number of allowances allocated to the aviation sector to be determined by reference to average emissions from aviation in the years 2004-2006. The majority of allowances would be allocated free of charge on the basis of a benchmark to aircraft operators which submit an application (the earliest application relating to 2008 data). There is also provision for a small proportion of allowances to be auctioned.51 thereafter, the percentage auctioned would be decided in the light of the results of the general review of the EU ETS.52

  Scheme requires aircraft operators, like other participants, to monitor their emissions of CO2 and report them to the competent authority of their administering Member State by 31 March each year. The reports would be independently verified to make sure that they are accurate. The basic principles for monitoring, reporting and verifying emissions set out in the proposal would be elaborated by guidelines. If necessary, aircraft operators would be able to buy allowances from other sectors in the Scheme to cover increases in their emissions. Aircraft operators would also be able to use project credits - so-called Emission Reduction Units (ERUs) and Certified Emission Reductions (CERs) - from the Joint Implementation or Clean Development Mechanisms (JI/CDM) provided for in the Kyoto Protocol up to a harmonized limit equivalent to the average of the limits applied by EU Member States for other sectors in the EU ETS. The Scheme would also apply to domestic aviation which would be treated in the same way as international aviation.

  According to the European EU ETS, each participant should have a monitoring plan for annual emissions and for data calculated on a tone kilometer basis. Responsibility devolves upon the aircraft operator to develop and maintain sustainable monitoring plans. The monitoring plans were to be submitted by 31 August 2009 and implementation was to commence by 1 January 2010. Prior to drafting the monitoring plan, the operator is required to verify and determine whether he came under the EU ETS; the administering State; the flights to be monitored; and whether the particular operator is eligible for simplified procedures for small emitters.

  The EU ETS recognizes that the carbon market has to be endowed with sufficient liquidity to facilitate trading, but that pricing information must be readily available. Market platforms should therefore provide such factors as lower trading costs, reduced default risk, guaranteed anonymity for participants, rapid execution of transactions and price transparency.53 In this regard; Europe is developing a financial industry and infrastructure that would drive carbon allowances.

  Conclusion : Clearly, even with carbon trading and/or alternative fuel development, it is not envisioned that the aviation industry could give up the use of fossil fuels altogether in the near future. One of the more important topics which were discussed at UNFCCC COP-15 was the continued relationship between the UNFCCC, the ICAO and the International Maritime Organization (IMO) with regard to emissions from international aviation and shipping.

  Both ICAO and IMO were of the strong view that they should continue to be responsible for dealing with reductions in emissions from their respective industries and sought guidance from UNFCCC COP-15. Within these discussions, Ethiopia proposed to introduce levies on international aviation and shipping, calculated to help developing countries raise funds in the nature of billions of dollars needed to cope with issues of climate change. This proposal was backed by Australia, Britain and France. The Conference, which fizzled out into a watered-down agreement between five countries did not offer any specific guidelines in the context of aviation or maritime affairs.

  The 37th Session of the ICAO Assembly will include input based on the High-level Meeting, CAAF and UNFCCC COP-15 that will encourage Member States to develop policy actions to accelerate the appropriate development, deployment and use of such fuels and to work together through ICAO and other relevant international bodies, to exchange information and best practices, and in particular to reach a common definition of sustainability requirements and to work together expeditiously with the industry to foster the development and implementation of sustainable alternative fuels for aviation. Integral to this approach would be the need to ensure that policy recommendations and decisions considered by ICAO and individual States take into account environmental, social and economic sustainability aspects, as well as technical requirements including safety aspects. Member States should also be urged to invite industry to actively participate in further work on sustainable alternative fuels for aviation facilitated by ICAO, and the Assembly should be advised of initiatives by States and other organizations related to sustainable alternative fuels for aviation. The ICAO Council should, as recommended by CAAF, commit to further elaborate on measures to assist developing States as well as to facilitate access to financial resources; technology transfer and capacity building.

  It would be incorrect to assume that the task of minimizing the deleterious effects on the environment caused by aviation should devolve upon ICAO alone. This should be a collective effort on the part of the entire aviation industry. Government, industry and the travelling public will need to invest in order to deliver technological innovation, development and carbon-free flight.

• Cyber terrorism and aviation—national and international responses

  By: Ruwantissa Abeyratne

  Abstract : Cyber crimes and cyber terrorism are becoming increasingly menacing and the latter has been identified as a distinct threat requiring attention. At the 21st Aviation Security Panel Meeting of ICAO (AVSECP/21, 22 to 26 March 2010) a new Recommended Practice related to cyber threats was proposed for adoption by the Council as part of amendment 12 to Annex 17 (Security) to the Convention on International Civil Aviation (Chicago Convention). It was adopted on 17 November 2010, will become effective on 26 March 2011 and applicable on 1 July 2011. This Recommended Practice suggests that each Contracting State develop measures inorder to protect information and communication technology systems used for civil aviation purposes from interference that may jeopardize the safety of civilaviation. At the 22nd Meeting ofthe Panel,conducted by ICAO from 21 to 25 March 2011, the Panelnoted the value of vulnerability assessments pertaining to cyber security in aviation whose objectives are to evaluate the efficiency of existing mitigation measures and identify any vulnerabilities from a threat-based perspective and further noted that better understanding of residual risks will support a State’s efforts to refine its risk response. This article contains an analysis of what cyber crimes are as against cyber terrorism, measures taken to counter the threat along with a legal analysis of the threat as it affects aviation and addresses several issues, including a discussion on some national efforts at curbing the problem in some prominent jurisdictions.

  Introduction : Cyber Terrorism defines our times. It has brought seismic changes to the way we approach terrorism. This is because global and national reliance placed on cyberspace for the development and sustenance of human interaction will continue to grow in the years to come and with that continued development will come ominous threats and daunting challenges from cyber terrorism. Cyber terrorism has the advantage of anonymity, which in turn enables the hacker to obviate checkpoints or any physical evidence being traceable to him.It is a low budget form of terrorism where the only costs entailed in interfering with the computer programs of a State’s activities and stability would be those pertaining to the right computer equipment. The most intractable challenge posed by cyber terrorism is that the digital environment that we live in, which enables us to create and share knowledge also provides ample opportunity for the commission of a cyber crime since that environment breeds motivated offenders who can develop covert capabilities that could exploit the vulnerability of the cyber environment. The opportunities the cyber environment offers for subterfuge is another challenge to be overcome. However, the most ominous challenge is the lack of sentinels to guard against crimes committed against the digital world.

  At the outset, it is necessary to determine the difference, if any, between cyber crime and cyber terrorism and ascertain any link that reflects a commonality. Cyber crime was called“computer crime” in its early stages of evolution and has been called“computer related crime” or“crime by computer”. Cyber terrorism has been simplistically defined as “an assault on electronic communication networks”. The Federal Bureau of Investigation has given a more extensive definition: “the premeditated, politically motivated attack against information, computer systems, computer programs, and data which result in violence against non-combatant targets by sub-national groups or clandestine agents”. One commentator states that cyber terrorism is terrorism in cyberspace, which is carried out through computers, the Internet and technology-based networks or systems against infrastructures supported by computers and networks.7 Another interpretation is that cyber terrorism is the use of computer networks in order to harm human life or to sabotage critical national infrastructure in a way that may cause harm to human life When all these definitions are considered one notes that the activities concerned with both cyber crime and cyber terrorism are calculated to sabotage infrastructure and disrupt a system. Therefore, although the activities involved may be the same or similar in both categories the intent behind a cyber crime may be different from that which applies to cyber terrorism. The Centre for the Study of Terrorism and Irregular Warfare released a report in 1999 which discussed the likelihood of any significant cyber attacks experienced in the future being supplementary to traditional physical attacks carried out by terrorists.

  It has been argued that cyber terrorism is a corollary to a shift of control in manufacturing utilities, banking and communications from secured national control to networked computers. The threat of cyber terrorism resonates the terrifying truth that its occurrence is real and the extent of occurrence of cyber terrorist acts could be prodigious. Blaise Pascal, in his book Ars Cogitandi states that fear of harm ought to be proportional not merely to the gravity of the harm but also to the probability of the event. Fundamentals of risk management tell us that, under similar conditions, the occurrence of an event in the future will follow the same pattern following the past. It follows therefore that we could be faced with the terrifying possibility of a nuclear 9/11 sometime in the future, possibly aided and abetted by cyber terrorism.

  The events of 11 September 2001 revealed that the three most vulnerable targets for terrorist attacks are people, infrastructure and technology as they are the preeminent elements of a functional economy in this century. They also brought to bear the inextricable interdependencies between physical and cyber infrastructures. Cyber terrorism represents a “clear and present danger” and the issue has even been raised as to whether 9/11 was a result of cyber terrorism.

  Cyberspace, which comprises millions of fibre optic cables enabling servers, computers and routers, is the nervous system of any nation’s critically important infrastructures, prominent among which is transportation. Attacks on cyberspace can cause immeasurable harm, particularly by disrupting essential services such as banking and finance, telecommunications, health and health care, transportation, religious places of worship, infrastructures, government services, education centers, power and energy generation and distribution, manufacturing, agriculture and food, electricity and water supply, and military defence. Of these, aerospace activities and air traffic control are significant targets.

  As far back as 1999, President Clinton, in a speech to the National Academy of Sciences said:“open borders and revolutions in technology have spread the message and the gifts of freedom, but have also given new opportunities to freedom’senemies… we must be ready…ready if our adversaries try to use computers to disable power grids, banking, communications and transportation networks, police, fire, and health services— ormilitaryassets. In pursuit of this objective, the President outlined his strategy driven by a new program called “Cyber Corps,” that would supplement and support already existing government efforts to respond to counter cyber terrorism while introducing new strategies calculated to strengthen the protection of critical systems. President Clinton further stated that he would seek Congress support to allocate $1.46 billion in the next federal budget to fund his proposal which involved a 40% increase from previous spending on such efforts. This proposed measure was seemingly timely since, according to a survey conducted in 2002 by the FBI andaSanFranciscobasedcomputersecurity institute, 90% of large corporations and government agencies in the United States had experienced unauthorized computer breaches in 2001.

  In 2003, The United States adopted theNational Strategy to Secure Cyberspace under the signature of President Bush, with a view to preventing cyber attacks against critical infrastructures of the United States; reducing national vulnerability to cyber attacks and minimizing damage and recovery time from cyber attacks that do occur. The Strategy outlines the national priority which is securing the Government’scyberspaceandnational security and international cyberspace security cooperation. These priorities will be driven with the assistance of a national cyberspace security response system; a national cyberspace security threat and vulnerability reduction programme; and a national cyberspace security awareness and training programme. A fundamental principle of this strategy lies in the recognition that efforts to counter cyber terrorism would involve robust and active collaboration between the variouscomponentsinvolvedintheactivitiesofthe United States. This is simply becausethefederalgovernmentcouldnot—and, should not —secure nor interfere with the computer networks of privately owned banks, energy companies, transportation firms, and other parts of the private sector. In similar manner, the federal government should not intrude into homes and small businesses, into universities, or state and local agencies and departments to create secure computer networks. The Strategy therefore exhorts each Americanwhodependsoncyberspaceand information networks, to secure the part thattheyownorforwhichtheyareresponsible.

  The extent of the threat posed by cyber terrorism is reflected in the Annual Threat Assessment of the US Intelligence Community for the Senate Select Committee on Intelligence of 2010 which states that the agility and technological innovation demonstrated by the cyber criminal sector far exceeds the response capability of network defenders. The Threat Assessment identified Network Convergence—which is the merging of distinct voice and data technologies to a point where all communicationsare relayed over a common network structure—and Channel Consolidation—which is the concentration of data captured on individual users by service providers through emails or instant messaging—as being particularly vulnerable to cyber attacks. The Threat Assessment drew an implicit parallel between cyber terrorism and international organized crime, expanding that international criminal organizations will increasingly damage the ability of legitimate businesses to compete and may drive some legitimate players out of the market.

  Cyber terrorism, whether conducted by individuals, corporations or States could target the electronic systems of companies which design and develop hardware and software used in airports, air traffic control systems. It could target industries involved in the construction of aircraft and components whether they be used for civil or military purposes. One commentator says: here, the objective is that of manipulating, in the design phase, software or hardware which will eventually come to be used in critical environments. The events linked to the theft of designs relating to the American F-35 project 15 are an example of this kind of act.

  A US Government review conducted in 2010 is reported to have revealed that the computer systems of the Federal Aviation Administration (FAA) remain vulnerable to cyber attacks as most air traffic control facilities have not been upgraded to respond adequately to cyber intrusions. The threat of cyber terrorism is reported to have been extended to the Boeing Dreamliner 787 in that the FAA is reported to have claimed that“the plane may be at risk for hacking on to its on-board computer system, with disastrous consequences”. In the context of aviation, cyber terrorism is a hydra headed monster which can affect air transport in numerous ways. Cyber terrorist acts could be used to spread disinformation or to engage in psychological warfare where media attention could be manipulated regarding possible threats, which would in all likelihood cause disruption to airport and aircraft operations. This could result in the“fear factor” that was seen as an immediate aftermath of 9/11 where persons showed great reluctance to travel. This could result in economic loss, particularly to nations depending on the tourism industry to boost their GNP. In its most serious form, cyber-terrorism could lead tofatalities, injuries and major damage at airports and to aircraft in flight.

  Legal Discussion

  International Efforts :Offences against civil aviation, particularly with regard to unlawful interference with civil aviation relating to aircraft have been addressed in three significant occasions in the Tokyo Convention of 1963, The Hague Convention of 1970 and the Montreal Convention of 1971. However none of these directly or indirectly referred to cyber terrorism. For the first time, the 2010 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation adopted in Beijing in Article 1 d) provides that an offence is committed when a person destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight. This undoubtedly refers, inter alia to cyber terrorism, but links the offence exclusively to the safety of aircraft in flight. Article 2a) of the Convention provides that the aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight would be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board. If therefore as a result of an act of cyber terrorism, a taxiing aircraft collides with an aircraft which has opened its doors for disembarkation but the passengers are still on board awaiting disembarkation, that act would not be considered an offence in terms of the passengers in the process of disembarkation. In other words, the offender would not be committing an offence under the Treaty either against the second aircraft or its disembarking passengers. Nonetheless, the Beijing Treaty of 2010 is a step forward in the right direction with the threat of cyber terrorism looming, affecting the peace of nations. Air transport could well be a target towards the erosion of that peace.

  On a more general basis, and certainly of relevance to aviation, are the efforts of various international organizations such as the United Nations, Council of Europe, Interpol, and OECD dating back to the 1980s in responding to the challenges of cyber crime. One significant result of this collective effort was the publication of theUnitedNationsManual onCybercrime31 and United Nations Resolution of 2001 which exhorted States, in the context of an earlier UN Resolution on Millennium Goals—which recognized that the benefits of new technologies, especially information and communication technologies are available to all—to ensure that their laws and practices eliminate safe havens for those who criminally misuse information technologies; while also ensuring law enforcement cooperation in the investigation and prosecution of international cases of criminal misuse of information technologies which should be coordinated among all concerned States. The Resolution went on to require that information should be exchanged between States regarding the problems that they face in combating the criminal misuse of information technologies and that law enforcement personnel should be trained and equipped to address the criminal misuse of information technologies.

  The Resolution recognized that legal systems should protect the confidentiality, integrity and availability of data and computer systems from unauthorized impairment and ensure that criminal abuse is penalized and that such systems should permit the preservation of and quick access to electronic data pertaining to particular criminal investigations. Itcalleduponmutualassistanceregimesto ensure the timely investigation of the criminal misuse of information technologies and the timely gathering and exchange of evidence in such cases. States were requested to make the general public aware of the need to prevent and combat the criminal misuse of information technologies. A significant clause in the Resolution called for information technologies to be designed to help prevent and detect criminal misuse, trace criminals and collect evidence to the extent practicable, recognizing that the fight against the criminal misuse of information technologies required the development of solutions taking into account both the protection of individual freedoms and privacy and the preservation of the capacity of governments to fight such criminal misuse.

  A seminal event in the international response to cybercrime occurred in 2001 with the adoption of the Cybercrime Convention of the Council of Europe which was opened for signature in November 2001 and came into force on 1 July 2004. The Convention was ratified by President Bush on 22 September 2006 and entered into force for the United States on 1 January 2007. The main concern of the Convention was the risk that computer networks and electronic information may also be used for committing criminal offences and that evidence relating to such offences may be stored and transferred by these networks. States Parties to the Convention therefore expressed their view—in a Preambular Clause to the Convention—that co-operation between States and private industry in combating cybercrime was necessary and that there was a need to protect legitimate interests in the use and development of information technologies. The intent of the Convention can therefore be subsumed under three premises:

  • Harmonising the domestic criminal substantive law elements of offences and connected provisions in the area of cyber-crime;
  • providing for domestic criminal procedural law powers necessary for the investigation and prosecution of such offences as well as other offences committed by means of a computer system or evidence in relation to which is in electronic form; and
  • setting up a fast and effective regime of international co-operation.

  The Convention in Article 2 requires each Party to adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally, access to the whole or any part of acomputersystem without right. The provision goes on to say that a Party may require that the offence be committed by infringing security measures, with the intent of obtaining computer data or with other dishonest intent, or in relation to a computer system that is connected to another computer system. There are also provisions which call for States Parties to adopt legislative or other measures to counter illegal inception of transmission of computer data, data interception and exchange interception. Of particular significance to aviation is Article 7 on alteration of data and forgery, which goes on to require each Party to adopt such legislative and other measures as may be necessary to establish as criminal offences under its domestic law, when committed intentionally and without right, the input, alteration, deletion, or suppression of computer data, resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible. The Provision concludes that a Party may require an intent to defraud, or similar dishonest intent, before criminal liability attaches.

  Article 7 protects certain measures adopted by the aviation community to ensure that the integrity of passports and other machine readable travel documents are protected with technology such as the Public Key Directory (PKD). PKD is based on a brand new technique known as quantum cryptography which is calculated to eliminate the terrifying vulnerabilities that arise in the way digitally stored data are exposed to fraudulent use. This new technique uses polarized photons instead of electronic signals to transmit information along cables. Photons aretinyparticlesoflight that are so sensitive that when intercepted, they immediately become corrupted. This renders the message unintelligible and alerts both the sender and recipient to the fraudulent or spying attempt. The use of a technique such as the public key directory in passports is a good example. The public key directory is designed and proposed to be used by customs and immigration authorities who check biometric details in an electronic passport, and is based on cryptography which is already a viable tool being actively considered by the aviation community as a fail-safe method for ensuring the accuracy and integrity of passport information.

  The use of biometric information for the identification of persons is another method that counters cyber terrorism and interference of computer imagery. Biometrics target the distinguishing physiological or behavioral traits of the individual by measuring them and placing them in an automated repository such as machine encoded representations created by computer software algorithms that could make comparisons with the actual features. Physiological biometrics that have been found to successfully accommodate this scientific process are facial recognition, fingerprinting and iris-recognition as being the most appropriate. The biometric identification process is fourfold: firstly involving the capture or acquisitionofthebiometricsample;secondly extracting or converting the raw biometric sample obtained into an intermediate form; and thirdly creating templates of the intermediate data is converted into a template for storage; and finally is the comparison stage where the information offered by the travel document with that which is stored in the reference template.

  National Efforts : Interception of data is a critically offensive act which serves as a precursor to cyber crime and cyber terrorism. The Cybercrime Convention defines interception as: Listening to, monitoring or surveillance of the content of communications, to the procuring of the content of data either directly, through access and use of the computer system, or indirectly, through the use of electronic eavesdropping or tapping devices.

  Surveillance laws against interception in the United States have been somewhat ambivalent until they underwent reform in 1986 with the Electronic Communications Privacy Act (ECPA) which was adopted prior to the introduction of the internet and the World Wide Web. Courts have referred to such laws as convoluted and confusing and uncertain. In the decision of Konop v Hawaian Airlines, handed down by the United States Court of Appeal 9th Circuit in 2002, the Court notedinter alia that the ECPA defines “electronic communication” as a “transfer” of signals, and that“unlike the definition of‘wire communication,’ the definition of‘electronic communication’ does not include electronic storage of such communications”, which drew the Court to the conclusion that the Act was not equipped to handle modern forms of electronic communication.

  In the United Kingdom, the Regulation of Investigatory Powers Act (RIPA) of 2000 was a legislative attempt by Parliament to unify in a single legal framework provisions responding to the interception of information and communications. RIPA does not discriminate between types of communications or the location at which communications are intercepted. Initially, in Section 1.1. RIPA provides that it is an offence for a person intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of a public postal service or a public telecommunication system. In Section 1.1.2. RIPA prescribes it an offence for a person to intentionally and without lawful authority, intercept at any location in the United Kingdom any communication while it is being transmitted via a public or private telecommunications system. An important provision is Section 4.1. which makes conduct by the interceptor lawful if the interception of a communication in the course of its transmission by means of a telecommunication system constitutes interception carried out for the purpose of obtaining information about the communications of a person who, or who the interceptor has reasonable grounds for believing, is in a country or territory outside the United Kingdom. Such interception would relate to the use of a telecommunications service provided to persons in that country or territory whichiseitherapublictelecommunications service; or a telecommunications service that would be a public telecommunications service if the persons to whom it is offered or provided are members of the public in a part of the United Kingdom.

  Australia has adopted the Telecommunications (Interception and Access) Act of 1979 Section 7(1) of which provides that a person must not intercept, authorize, suffer or permit another person to intercept or do any act, or thing that will enable him or her or another person to intercept a communication passing over a telecommunications system. A Key provision is Section 108 (1) which provides that a person commits an offence if that person, with intent and knowledge accesses a stored communication or authorises, suffers or permits another person to accesses a stored communication or does any act or thing that will enable the person or another person to access a stored communication where the intended recipient of the stored communication or the person who sent the stored communication had no knowledge of the offender’s act.

  In Canada a Bill was introduced in Parliament in 2005 which was aimed at introducing reforms to an ambivalent legislative structure dealing with unlawful interception of documents and communications. In the absence of specific legislation one could draw parallels in Canada’scriminallegislation,forexample in the Canadian Criminal CodewhereSection184(1)providesthatanagentofthe State may intercept, by means of any electro-magnetic, acoustic, mechanical or other device, a private communication if either the originator of the private communication or the person intended by the originator to receive it has consented to the interception; or the agent of the state believes on reasonable grounds that there is a risk of bodily harm to the person who consented to the interception and he purpose of the interception is to prevent the bodily harm. The provision goes on o require the agent of the State who intercepts a private communication to, as soon as is practicable in the circumstances,destroyanyrecordingoftheprivate communication that is obtained from an interception, any full or partial transcript of the recording and any notes made by that agent of the private communication, if nothing in the private communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has occurred or is likely to occur. It is also important to note that Section 287(1)(b)providesthateveryonecommitstheftwho fraudulently, maliciously,orwithoutcolourofrightusesanytelecommunication facility or obtains any telecommunication service.

  Conclusion : The particularity of cyber-terrorism is that the threat is enhanced by globalization and the ubiquity of the Internet. It is a global problem in search of a global solution and the only forum that could provide a global framework against cyber terrorism is the International Civil Aviation Organization (ICAO). This could be achieved firstly through a sustained global process of security risk assessment. At the 21st Aviation Security Panel Meeting of ICAO (AVSECP/21, 22 to 26 March 2010) a new Recommended Practice related to cyber threats was proposed for adoption by the Council as part of amendment 12 to Annex 17 (Security) to the Convention on International Civil Aviation (Chicago Convention). It was adopted on 17 November 2010, will become effective on 26 March 2011 and applicable on 1 July 2011. This Recommended Practice suggests that each Contracting State develop measures in order to protect information and communication technology systems used for civil aviation purposes from interference that may jeopardize the safety of civil aviation. At the 22nd Meeting of the Panel, conducted by ICAO from 21 to 25 March 2011, the Panel noted the value of vulnerability assessments pertaining to cyber security in aviation whose objectives are to evaluate the efficiency of existing mitigation measures and identify any vulnerabilities from a threat-based perspective and further noted that better understanding of residual risks will support a State’s efforts to refine its risk response.

  In pursuance of this objective, a study could be undertaken by ICAO in collaboration with its member States to identify critical aviation information systems; review the effectiveness of existing mitigation measures established for critical aviation information systems; identify any vulnerabilities in current security arrangements; learn good practices on how to address these vulnerabilities; and determine how to better manage the identified residual risks.

Procedures & Manuals

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