• Title/Summary/Keyword: Aviation Law and System

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Establishing a Unified System of China's Aviation Law -Theoretical Analysis and Legislative Proposals

  • Xuan, Zengyi
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.181-202
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    • 2011
  • In the recent years, China's aviation industry has gained visible progress. Meanwhile, China's aviation law system has become more and more complete. However, in this system, many problems still exist, especially lacking a unified aviation law, which limits the development of China aviation industry, general aviation in particular, and hinders the economic growth. This article aims to raise the basic structure of China's unified aviation law system and proposals on the basis of analysis on the existing problems in our current aviation law system.

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Some Issues on China General Aviation Legislation (中國通用航空立法若干問題研究)

  • Shuang, Luan
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.99-143
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    • 2016
  • General aviation and air transport are two wings of the civil aviation industry. Chinese air transport is developing rapidly, and has become the world second air transport system only second to US since 2005. However, Chinese civil aviation is far behind the world average level, and cannot meet requirements of economic construction and social development. The transition and structural adjustment of Chinese economy provide the general aviation with a unprecedented broad market. The prospect of general aviation is promising and anticipated. The development of general aviation industry needs the legislative supports, and the current legislative conditions of Chinese general aviation are undoubtedly far behind the realistic requirements. Accelerating the legislation in Chinese general aviation industry requires scientific legislation concept. First, Legislation must promote development of general aviation industry. The general aviation will serves as a Chinese emerging industry that boosts domestic demand, promotes employment and expedite domestic economic development. We should, based on both the concept of promoting the industrial development of general aviation and national industrial planning, enact and rectify relative laws and regulations. And we should also straighten out the relationship between aviation security and industrial development and promote the revolution of low-altitude airspace management in an all-round way, in order to improve the utilization rate of airspace resources, classify and establish airspace, simplify examination and approval procedure and intensify operation management. In addition, what we should do is to expedite the infrastructure layout construction, guide the differentiated but coordinated development of general aviation industries in various areas, establish a united supervision mechanism of general aviation, redistrict the responsibilities of Chinese Air Control Agency and set up legislation, law enforcement and judicial systems with clarified institutions, clear positioning and classified responsibilities, so as to usher in a new era of the legislative management of Chinese general aviation industry. Second, shift the focus from regulations to both regulations and services. Considering the particularity of the general aviation, we should use American practices for reference and take into account both regulation and service functions when enacting general aviation laws. For example, we should reduce administrative licensing and market supervision, and adopt "criteria" and "approval" management systems for non-commercial and commercial aviation. Furthermore, pay attention to social benefits. Complete social rescuing mechanism through legislation. It should be clarified in legislation that general aviation operators should take the responsibilities of, and ensure to realize social benefits of environmental protection and ecological balance .Finally, rise in line with international standards. Modify Chinese regulations which is inconsistent with international ones to remove barriers to international cooperation. Specify basic legislative principles. One is the principle of coordination. Realize coordination between the civil aviation and general aviation, between military aviation and civil aviation, and among departments. Two is the principle of pertinence. The general aviation has its own rules and specialties, needing to be standardized using specialized laws and regulations. Three is the principle of efficiency. To realize time and space values of general aviation, we should complete rules in aerospace openness, general aviation airport construction, general aviation operations, and regulation enforcement. Four is the principle of security. Balance the maximum use of resources of Chinese airspace and the according potential threats to Chinese national interests and social security, and establish a complete insurance system which functions as security defense and indemnificatory measure. Establish a unified legal system. Currently, the system of Chinese general aviation laws consists of national legislation, administrative laws and regulations and civil aviation regulations (CAR). Some problems exist in three components of the system, including too general content, unclear guarantee measures, incomplete implementation details, and lacking corresponding pertinence and flexibility required by general aviation regulations, stringency of operation management and standards, and uniformity of standards. A law and regulation system, centered on laws and consisting of administrative laws regulations, industrial regulations, implementation details, industrial policies and local laws and regulations, should be established. It is suggested to modify the Civil Aviation Law to make general aviation laws complete, enact the Regulations of General Aviation Development, and accelerate the establishment, modification and abolition of Chinese general aviation laws to intensify the coordination and uniformity of regulations.

A Comparative Study on the Civil Aviation Law between South and North Korea. (남.북한 항공법 비교연구)

  • Kim, Maeng-Sern;Lee, Si-Hwang
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.97-121
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    • 2006
  • Inter-Korean exchanges using civil aviation has been continuing since the temporary direct air route from Pyongyang to Seoul was opened on June 15th, 2000 for the summit meeting with North Korea. In this paper, I analyze the North Korea Aviation law by focusing on the differences with South Korean Aviation law. While South Korean Aviation law is modeled on the Pandect system, North Korean Aviation law can only be understood by looking at North Korea's socialist ideology. Therefore, North Korean Aviation law has some expressions which can hardly be understood. With respect to the source of aviation law, both South and North Korea are in compliance with the Convention on International Civil Aviation (Signed at Chicago, on 7 December, 1944). Thus, they established the aviation law based on the standards and recommendations provided by ICAO. For this reason, they have similar legal systems and composition. From this analysis, a few differences are also derived regarding aircraft ownership, airports, airline liability, aircraft accident investigation organization and aviation insurance. It is important to note that this paper has a particular limitation. Not only is the information about North Korean law very limited, but North Korea also does not provide easy access to its national legal codes. This paper describes the legal comparison of South and North Korea by focusing on the formation and framework of North Korean aviation law.

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A Study on US Civil Aviation Security Legislations & Regulations (미국 민간항공보안 법규정에 대한 고찰)

  • Lee, Joo-Hyung;Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.183-204
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    • 2014
  • US 911 incidents have changed all aviation security system in the world. Especially the US changed all existing system into new one. One of the most fundamental changes is aviation security acts, regulation and several programmes. Based on the new aviation security act enacted in 2001, several code of federal regulations have been amended to strengthen US aviation security system. These regulation also enable new aviation security programmes including several airline and airport security related programmes, K-9 programme, BDO programme and air marshall programmed. All the programmes enables US aviation security improvements. Also the creating of TSA based on the aviation and transportation security act has provided the enhancement of aviation security in US. The purpose of this thesis is studying the change of aviation security system in the US especiatly in terms of aviation security legislation perfective and comparing the system with Korean aviation security legal system and provides possible solution to enhance Korean aviation security legislation and structure.

Legal Problems of Crimes against Aircraft Safety in Korean Law (항공안전 관련 형사특별법에 대한 연구)

  • Song, Seong-Ryong;Kim, Dong-Uk
    • The Korean Journal of Air & Space Law and Policy
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    • v.26 no.2
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    • pp.69-100
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    • 2011
  • The penalty clauses of 'Aviation Act' and 'Aviation Safety and Security Act' going into effect now were legislated because the aviation safety is being more influenced by the aviation safety system compared to the ground or maritime transportation and it is possible the aircraft can harm to people and wealth located in the ground as well as threaten the safety of the passengers and crew on board when it is the target of crimes. However, analyzing the current acts, applicable objects and behavioral requirements of some provisions are too general, and they are providing severely high penalties in many clauses without separating applicable objects and behavioral requirements. In addition, there are some critical legislative defects and there is a problem in terms of law-applicable area in the legal system. It is inferred that these legislative problems of the criminal special-law related to the aviation were caused by following reasons; first, aviation security experts or policy-makers than criminal law experts attended more actively in the enactment process, second, the communication among specialist groups were not accomplished well enough.

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A Study on Change of Aviation Law and System to Aviation Security for Major Countries after 9. 11 Aviation Terror (주요국가의 항공보안 관련 법 및 제도의 변화 연구)

  • Lee, Kang-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.123-155
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    • 2006
  • 2001. 9. 11 aviation terror showed us that there are lots of problems in aviation security and we need efficient counter-plans. According to this event, many countries are coming up with various countermeasures. After first hijacking in 1950, the aviation terror is occurring with more various methods until these days. And the scale is bigger than former so they're making much bigger damages. Especially, the case of 9.11 terror attracted people's eye of the world because of enormous casualties and damages. It aroused many people's self-awakening therefore as an important factor the security is given much weight in the aviation safety. In order to keep the step like this tendency and the development of aviation security, beginning with America lots of countries of the world are pursuing diverse aviation security's counter-plans of new side. At this point of time, for our development in aviation industry we should make efficient aviation security countermeasures. In this study, We compared our aviation security activities with major countries after 9.11 terror.

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Study on the Trend for Changing Civil Aviation Law in Korea (국내 항공법 체계 개정 방안 - 외국의 항공법 체계와의 비교를 중심으로 -)

  • Lee, Kang-Seok
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.55-96
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    • 2004
  • The Reform Aviation Act of 2004 that which devided the basic aviation act and the act related aviation accident investigation announced in July 2004. The purpose of this study is to review standards and recommendations of Annexes for International Civil Aviation Convention and CFR of FAA in USA, Aviation Act of Japan, Civil Aviation Act of Australia, Aeronautics Act of Canada, Air Navigation Act of Singapore. and then after these review, we tried to compare them with Korean Aviation Law, Enforcement Decree, Regulations related their system. At the result of this study, we find out many advanced countries divided into basic Aviation act and accident investigation act. finally we have suggested mid and longtern plan and implementation which applicable to set up domestic aviation law system.

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Legal Review on Conversion of Aviation Task during War/Peacetime (전.평시 항공분야 임무전환에 따른 법적관계 고찰 - 전.평시 미국 연방항공청의 역할을 중심으로)

  • Hong, Sang-Beom;Chung, Wook
    • The Korean Journal of Air & Space Law and Policy
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    • v.19 no.2
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    • pp.179-197
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    • 2004
  • As we observed in Irag war, air force power is integral to military operations owing to its promptness and accuracy. In this regard, strong air force power has a deterrent effect on a war. Meanwhile, as aviation industry is a key-future industry, the importance of the industry in our economy is significantly growing. Therefore, to maximize a national interest in utilizing limited aviation resources, it is necessary to establish a new system in which civil aviation and military aviation system is closely related and consolidated. Thus, our task is to find a way to enhance civil aviation industry to the extent of guaranteeing effective military operations. At the same time, civil aviation resources shall be effectively utilized for the military purposes in the event of a war. Ibis task should be carried out in a way to further efficiency for both civil and military aviation system, rather than resulting in conflicts between two syste

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Prospect of the Military Aviation Law (군(軍) 항공법(航空法)의 조망(眺望))

  • Suh, Young-Duk
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.211-245
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    • 2003
  • While the necessity of introduction of legislative enactment for military aircraft operation became more evident especially after the Aviation Law that has recently been revised, the prospects of such legislative action in which adopts the unique nature of aircraft need to cone to life more than ever. Here lies our efforts to analyze the problems of Military Airbase Law, to introduce status of military-related legislations in other countries, and to examine legislative support system and overall direction for the legislative enhancement by presenting and discussing necessary subject matters m an endeavor to enact or revise the military-related aviation law.

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A Study on Parts Manufacturer Approval in Civil Aviation Law (항공기 부품제작자증명에 관한 연구)

  • Lee, Kang-Yi;Jin, Young-Kwon;Lee, Jong-Hee;Lee, Kwang-Hee
    • The Korean Journal of Air & Space Law and Policy
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    • v.17
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    • pp.133-152
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    • 2003
  • Certification by Civil Aviation Law is necessary for aircraft parts and appliances as well as aircraft, engines, and propellers to ensure safety and reliability in operation. Advanced countries in aerospace industry as like U.S.A require Parts Manufacturer Approval for aircraft parts and Technical Standard Order Authorization for designated appliances. However, there are no legal requirements for certification of aircraft parts and appliances in Korea until now. This study presents the draft to revise Civil Aviation Law, which is applicable to set up domestic certification system and maintain it equivalent to U.S. Federal Aviation Regulation.

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