Public international air law is not in itself an autonomous system. It follows the legal principles and notions applicable to public international law in general. The principle of good faith performance or enforcement of a contract, in particular, emphasizes faithfulness to an agreed common purpose and consistency with the justified expectations of the other party unless an expressed intention to the contrary has been declared. / By signing the Chicago Convention on International Civil Aviation of 1944, all 185 Contracting States agreed to certain principles and arrangements in order that international civil aviation could be developed in a safe and orderly manner. They undertook, inter alia, to collaborate in securing the highest practicable degree of uniformity in all matters in which such uniformity could facilitate and improve air navigation. Thus, they all agreed to a common purpose and to the means for ensuring it. / With the presence of several regulatory levels, namely, national, regional and international, and given the challenges of the new century in parallel with the increased sophistication of civil aviation systems, safety in air transportation requires that it be a shared responsibility. (Abstract shortened by UMI.)

No abstract available. / Thesis (LLM.)-University of Durban-Westville, Durban, 1985.

According to Chapter XV of the Chicago Convention, the Joint Financing Aid has been successfully applied in the North Atlantic Region since 1948. The Agreement on the Joint Financing of Certain Air Navigation Services in Iceland, the main topic of this thesis, has ensured the availability of the service and facilities in the Reykjavik Flight Information Region, in accordance with the Standards and recommended practices of the Annexes to the Chicago Convention. The services were at first financed by the participating States, but later on user charges were gradually introduced and, since 1981, they became the principal means of services financing. / During the last thirty years, a series of significant social, economic and technical developments has changed the aviation and the air navigation services environment. This thesis examines the evolution of the Agreement and the general technical and economic tendencies that are likely to affect its future. / This thesis critically examines the Agreement in light of ICAO policy on the joint support aid and the general economic situation surrounding the Agreement. (Abstract shortened by UMI.)

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The safety of civil aviation has been endangered not only by terrorism, but also by many other unlawful acts committed by persons with varying motivation. The international community has worked to provide a secure and safe air transportation system for general people and thus has developed aviation security systems in the legal and technical fields to combat and prevent the man-made intentional harm against civil aviation. / The legal instruments are mainly based on several multilateral conventions, resolutions and declarations. They are all focused on how to eliminate safe heavens for unlawful actors against civil aviation, secure the safety of passenger and crew, and facilitate the resumption of affected aircraft. / The technical instruments, dealing with specific preventive security measures to suppress the unlawful acts against civil aviation on a practical basis, have been developed by ICAO as "Standards and Recommended Practices" (SARPs) in the form of Annexes. In addition, to promote global aviation security, ICAO launched its "Universal Security Audit Programme" immediately following the tragic events of September 11, 2001. / This thesis critically analyses the legal and technical aviation security systems under current international legal regimes and provides several recommendations to improve the remaining problems in the international aviation security system.

Since the beginning of the history of aviation, the use of aircraft for military purposes revealed an efficient and dangerous weapon in the arsenal of a State. First it was used as observatory post, and then the aircraft took a more active role in combat until it became a destructive and deadly weapon. The definition of military aircraft in international law is not clear as States only wish to regulate international civil air navigation and not state aircraft. On the other hand, the Law of armed conflict defines the status of every aircraft with their respective duties and rights in the conduct of hostilities. The interception of civil aircraft by military aircraft shall be done in accordance with the international standards adopted by the International Civil Aviation Organization in virtue of the Chicago Convention and it's limited to determine the identity of the aircraft. The use of deadly force against civilian aircraft in flight is equivalent of pronouncing the death sentence of its occupants without the hearing of a trial. Respecting the international standards of interception of civil aircraft is a necessity.

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