The Legal Implications of ICAO Contingency Measures

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The Legal Implications of ICAO Contingency Measures

24TH ANNUAL CONFERENCE, Athens, Greece, 18-22 March 1985

WP No. 65

The Legal Implications of ICAO Contingency Measures

Introduction

On June 27, 1984, ICAO approved Guidelines for Contingency Measures for Application in the Event of Disruption of Air Traffic Services and Related Supporting Services. The final guidelines as approved by the ICAO Council on June 27, 1984, are attached to this Working Paper.

Discussion

After careful study of ICAO contingency measures item 12(c) I quote “re-assignment of responsibility for providing air traffic services in airspace over the high seas or in delegated airspace”, it becomes apparent that severe problems arise from the legal liability aspect for air traffic controllers. Foreign personnel would be providing services in the national airspace affected without the necessary experience and/or qualification for such airspace. If this contingency measure was implemented, foreign personnel providing services in the national airspace affected could face serious litigation in the event of an aircraft accident or incident because of lack of qualification to provide service in their airspace.

Conclusion

Because of the legal liabilities in the event of an aircraft accident or incident in airspace reassigned to foreign personnel, IFATCA members should not provide service in airspace that is re-assigned to them as a result of disruption of air traffic services in such airspace.

Last Update: September 20, 2020  

December 1, 2019   236   Jean-Francois Lepage    1985    

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