Aviation Safety and Security Clause Samples
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Aviation Safety and Security. Aviation safety has different meanings and each meaning depends on the context in which it is used. According to ICAO, ‘safety’ is the following: The state in which risks associated with aviation activities, related to, or in direct support of the operation of aircraft, are reduced and controlled to an acceptable level.143 140 “Obligation” appears 61 times in the text of Articles on State Responsibility, whereas “duty” appears once. 141 “A good will is a will whose decisions are wholly determined by moral demands or, as he often refers to this, by the Moral Law. Human beings inevitably feel this Law as a constraint on their natural desires, which is why such Laws, as applied to human beings, are imperatives and duties. A human will in which the Moral Law is decisive is motivated by the thought of duty.” See ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ and ▇▇▇▇ ▇▇▇▇▇▇▇, "▇▇▇▇’▇ Moral Philosophy", The Stanford Encyclopedia of Philosophy (Spring 2022 Edition), ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ (ed.), forthcoming URL = <▇▇▇▇▇://▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/archives/spr2022/entries/▇▇▇▇-moral/>. 142 See Black’s Law Dictionary Free Online Legal Dictionary 2nd ed. ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/ duty/, last accessed Jan 10, 2018. 143 ICAO Doc 10084. Risk Assessment Manual for Civil Aircraft Operations Over or Near Conflict Zones, 2nd ed., 2018, p. xiii. Safety is interpreted as the result of efficient review and management of organizational processes, with the target of controlling safety risks and hazards in the operational environment.144 The scope of review and management may range from routine suspension of a license of an unqualified pilot to the temporary grounding of all civil aircraft at the time of a crisis.145 Safety does not mean zero risk; it means that the risk associated with aviation activities is reduced to an acceptable level. Furthermore, aviation safety generally relates to the internal operation of an aircraft, such as personnel licensing and airworthiness, whereas security means “safeguarding civil aviation against acts of unlawful interference.”146 Aviation security, in contrast, is focused on external interferences to civil flight.147 The operation of an airworthy aircraft with competent crew members may become unsafe if it is subject to missile attacks, which are external to the operation of aircraft. This study focuses on prohibited airspace due to an armed conflict on the ground. A missile launched from a conflict zone is external to aircraft operations; thus, this study more specifically addres...
Aviation Safety and Security. Strengthening bilateral cooperation in the field of capacity building to enhance civil aviation safety and security.
Aviation Safety and Security i. Each Carrier shall ensure the safety of its own flights in accordance with all applicable laws and regulations. The Carriers shall exchange information on aviation safety and security, and the Carriers agree to provide each other with technical and material support with respect to aviation safety and security. The Carriers are vitally interested in the safety of their respective passengers and crew and this is reflected in the application of stringent safety standards to their respective flight operations, maintenance, and ground operation areas, consistent with or in excess of what is required by the FAA. Each party acknowledges the value to the other Carrier of the safety associated with each Carrier's brand name and agrees that its code share flights will meet all applicable safety standards. Provided, however, that any safety requirement of the other Carrier that is in addition to what a Carrier applies to its own services will be discussed and agreed upon prior to implementation The Carriers agree that all such safety standards will be those that they deem necessary to both operate safely and separately to provide assurances to their respective passengers that flights operated with their respective air carrier codes will be safe operations. Either Carrier may terminate the use of its code on the other Carrier's flights upon one (1) day advance written notice to the other Carrier if it determines, in its sole and absolute discretion, that the other Carrier has failed to comply with the terminating Carrier's safety requirements. If such failure to comply continues for fourteen (14) days following such code use termination, the Carrier giving notice may immediately terminate this Agreement for such material breach by the other Carrier.
ii. Each Carrier agrees that prior to the commencement of Codeshare Service, and during the term of this Agreement, it will allow the other Carrier to perform safety due diligence audits. The Carrier that is the subject of an audit (i) shall fully cooperate with the other Carrier in its conduct of the audit and (ii) shall promptly take any necessary corrective actions, based upon the results of the audit, as mutually agreed between the Carriers. Neither Carrier shall have any duty, responsibility or liability whatsoever by virtue of having received any information relating to the other Carrier's operations or having conducted any audits of the other Carrier pursuant to this Agreement.