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Ruwantissa Abeyratne

Aeronomics and Law Fixing Anomalies

Ruwantissa Abeyratne Organization (ICAO) International Civil Aviation Montreal Que´bec Canada

ISBN 978-3-642-28944-6 ISBN 978-3-642-28945-3 (eBook) DOI 10.1007/978-3-642-28945-3 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2012940255 # Springer-Verlag Berlin Heidelberg 2012 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)

Preface

At the base of the trouble with air transport is the Convention on International Civil Aviation (Chicago Convention) of 1944, or, to put it more accurately, the way it has been understood and applied. The intent of the forefathers of the Convention was to promote air transport and not to stultify it. They intended the Convention to solve unforeseen issues as they arose, such as the deleterious effects of aircraft engine emissions, through existing provisions or additions to the Convention. So far only a few such instances have been addressed and a few revisions incorporated. At the core of the problem lies a certain insouciance on the part of the aviation community and a reluctance to “ruffle the feathers” of an aged instrument that should mature with time and change if its invaluable utility is to continue. In Chap. 1 of this book, I di