Global aviation safety concerns motivate new ICAO legal guidance to improve compliance
New tools on the Rules of the Air to improve aviation safety
The “Rules of the Air” established by the Convention of International Civil Aviation govern how all international flights operate, from takeoff to landing, to ensure safe and predictable aviation worldwide. Article 12 of the Convention requires every country to enforce these rules for aircraft in its territory and its own aircraft wherever they operate and to keep its rules aligned with the standards set by ICAO to the greatest extent possible. Each country must also prosecute violations. But recent reviews show enforcement is inconsistent, and coordination is often lacking, creating challenges for accountability and undermining global aviation safety.
Countries use a mixture of approaches to enforce compliance, ranging from prosecuting violations as crimes, issuing fines, or requiring retraining. The result is that a pilot or operator may face different consequences depending on where an incident occurs. These differences alone can create uncertainty about whether the obligations of Article 12 are being met. (....)