The Aircraft Commander in International Air Transportation

Legal Powers, Duties and Decision-Making
Erscheinungsjahr 2023
ISBN: 978-90-473-0179-0
Verlag: Eleven International Publishing

Buch, Englisch, Band 29, 212 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 577 g

Reihe: Essential Air and Space Law

At the head of a small but comparatively isolated community, traversing airspaces with various jurisdictions, the aircraft commander must have a defined legal status relating to rights, powers and duties to cope with all issues in international air navigation. This leading personality is responsible for maintaining good order and discipline on board but above all must protect the safety of the aircraft and its occupants during the flight.

His or her rights and responsibilities are dealt with in many national laws and regulations. But no matter how substantively applicable such national legislation might be, its effect ends at the national border – and if regulations on the legal position of the aircraft commander should have any practical value, they must also be effective on an international scale. As yet, however, numerous public international law efforts have failed to reach consensus in this matter.

In order to promote and encourage further international debate and the adoption of a codified comprehensive Legal Status of the Aircraft Commander, the author provides an in-depth study and evaluation of air law expert discussions, drafts and deliberations. His work will also be highly relevant to the current debate over plans for fully automated flights in the future – for passenger transportation even without an aircraft commander on board.

Autoren/Hrsg.

Kaar, Dick van het

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht

Inhaltsverzeichnis

1 Historical Approach to the Legal Status of the Aircraft Commander; 1.1 The Need for a Legal Status of the Aircraft Commander in International Law; 1.2 The Studies of CITEJA; 1.3 The Transition from CITEJA to the ICAO Legal Committee; 1.4 The Aircraft Commander in Turbulent Times; 1.5 Concluding Remarks; 2 International Instruments and Documents on the Legal Status of the Aircraft Commander; 2.1 The Increase in Violence on Board Aircraft; 2.2 Study on the Legal Status of Both Aircraft and Aircraft Commander; 2.3 The Impetus to the Tokyo Convention and the Powers of the Aircraft Commander; 2.4 The Tokyo Convention Regime; 2.5 In-Flight Crimes, the Tokyo Convention and the Montreal Protocol; 2.6 The Tokyo Convention: Necessity, Functionality and Frailty; 2.7 The Significance of the Tokyo Convention; 2.8 ICAO and the Legal Status of the Aircraft Commander/Pilot-in- Command; 2.9 Proficiency; 3 Human Factors and Decision Making in Flight Operations; 3.1 Aeronautical Decision Making and Just Culture; 3.2 Factors Influencing In-Flight Decision Making; 3.3 Flight Crew Coordination; 3.4 Pilot Error; 3.5 Human Factors in Future Perspectives; Summary; Bibliography; About the Author

Über Autor(innen)

Dick van het Kaar LL.M, has been working in the aviation industry for more than 40 years. He started his flying career as a Royal Netherlands Air Force helicopter and jet fighter pilot and instructor. In 1977, he joined the world of commercial aviation and has logged over 23,000 flying hours. During his career as a Senior Captain B747 at KLM/Martinair he studied international law at the Netherlands Open University, where he earned his degree of Masters of Laws. He was a member of the Appeal Council of the Dutch Airline Pilots Association and is the author of a variety of aviation law-related essays, books and articles in a number of international air and space law journals. Following a term of six years as a board member at the Royal Netherlands Aeronautical Association, he now holds the positions of Chairman of the Legal Committee and Senior Advisor on Rules of the Air, Airspace Infrastructure and Environmental Affairs within the same organization. In addition, he is an external examiner associated with the Aviation Academy of the Amsterdam University of Applied Sciences.