MIDTERM - AVLAW Flashcards
Warsaw Convention is also known as
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR
when and where is the convention happened
12 October 1929 in Warsaw
How many chapters and articles the convention has?
57 articles, 7 chapters
Chapter 1
General Provisions
Article 1
Scope of Application
Article 2
Carriage Performed by State and Carriage of Postal Items
Chapter II
Documentation and Duties of the Parties Relating to the Carriage of Passengers, Baggage and Cargo
Article 3
Passengers and Baggage
Article 4
Cargo
Article 5
Contents of Air Waybill or Cargo Receipt
Article 6
Document Relating to the Nature of the Cargo
Article 7
Description of Air Waybill
Article 8
Documentation for Multiple Packages
Article 9
Non-compliance with Documentary Requirements
Article 10
Responsibility for Particulars of Documentation
Article 11
Evidentiary Value of Documentation
Article 12
Right of Disposition of Cargo
Article 13
Delivery of the Cargo
Article 14
Enforcement of the Rights of Consignor and Consignee
Article 15
Relations of Consignor and Consignee or
Mutual Relations of Third Parties
Article 16
Formalities of Customs, Police or Other Public Authorities
Chapter III
Liability of the Carrier and Extent of Compensation for Damage
Article 17
Death and Injury of Passengers — Damage to Baggage
Article 18
Damage to Cargo
Article 19
Delay
Article 20
Exoneration
Chapter IV
Combined Carriage
Chapter V
Carriage by Air Performed by a Person
other than the Contracting Carrier
Chapter VI
Other Provisions
Chapter VII
Final Clauses
is the responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise / components that it has provided for sale. The component part manufacturer’s liabilicould be based on negligence, warranty or strict liability in tort.
AVIATION PRODUCT LIABILITY
This law seeks to protect legal persons such as individuals or corporations from wrongful tortious acts.
TORT LAW
The product is ___ ‘when it does not provide the safety which a person is entitled to expect taking all the circumstances into account’.
defective
We have a ____ to determine the defectiveness of a product or component. Thus we have 3 things to consider to label a product as defective
risk-utility balancing test
3 things to consider to label a product as defective
A. Manufacturing Defects
B. Design Defects
C. Failure to Warn
is a failure of a particular product or component part of a product to perform its intended
function as the other products in the same production line, although there is no error in
preparation or marketing process
Manufacturing Defects
The product will be defective in design when the foreseeable risks of harm caused by the product can be diminished or evaded by applying a reasonable alternative design, and the disregard of such alternative design makes the product not reasonably safe.
Design Defects
If manufacturers fail to provide adequate warnings or instructions for use, they can be held strictly liable for failure to warn.
Failure to Warn
two types of warning:
- General instructions that accompany the product.
- Specific warnings of a danger
The ___ led to the creation of the ICAO and with it the creation of international aviation security standards.
Chicago Convention of 1944
Prior to the creation and development of the annex 17 there has been a number of aviation security convention itself that had begun to address security issues within the aviation industry such as:
- The tokyo convention of 1963 for ‘‘offences and certain other acts committed on board aircraft’’
- the hague convention of 1970 for ‘‘suppression of the unlawful seizure of aircraft’’
- the montreal convention 1971 for ‘‘suppression of unlawful acts against the safety of aviation’’
Stands for accident/incident avoidance. It refers to the condition of being protected from the aspects that are likely to cause harm. (about
being free from danger)
Safety
stands for crime prevention. focuses on the deliberate actions that are geared towards inflicting harm to an individual, organization or even an assets. (about being protected)
Security
Protection against internal threats. An emotional Aspect. Internal. Unintended threats. Narrow Coverage
Safety
Protection against external threat. A physical Aspect. External. Deliberate (intentional) threats. Broad coverage
Security
refers to the protection of individuals, organizations, and properties against external threats that are likely to cause harm. It generally focused on ensuring that external factors do not cause trouble to the organization
Security
is the protection against internal threat as it gives the feeling of being protected from the factors that causes harm. A good highlight of this is an individual who control the risks to feel safe.
safety
is the combination of of material, human resources and measures to counter acts of unlawful interference within aviation.
Aviation security
An inspection of the interior of an aircraft to which passengers may have had access and an inspection of the hold for the purpose of discovering suspicious objects, weapons, explosives, or other dangerous devices. Searches shall also be carried out when an aircraft is suspected of being the target of an act of unlawful interference.
Aircraft Security Check
An examination of the implementation of relevant national civil aviation security program requirements by an airline or other entity involved in security.
Security Inspection
The ___ is intended to prevent prohibited items and other threats to transportation security from entering the sterile area of the airport.
airport security check
Pertains to those areas of the air side of an airport which are identified as priority risk areas. In an airport there are various critical and sensitive areas that need to be secured and only authorized personnel should be allowed to access. Areas include: the hangar, traffic control towers, and data centers
Security Restricted Area
Aviation Security aims to protect:
Passenger
Crew
Airport and Airline Employee
General Public
Aircraft
Airport Faciclities
what are the aviation regulatory bodies?
ICAO - International Standard and Recommended Practices and Annex 17 - Security: Safeguarding International Avaition against act of unlawful interference
IATA
A trade association of world’s airlines. Its major resonsibility responsibility is to serve and support Aviation with global standards for airlines safety and security, efficiency, and sustainability
IATA
Civil Aviation Authority of the Philippines formerly known as ____ is an agency of the Philippine government under the department of Transportation and Communication responsible for implementing policies on civil aviation owned and perated in the Philippines to assure safe, economic and efficiency.
Air Transportation Office
The creation of Office for Transportation Security and Approval of the National Civil Aviation Security Program and the reconstitution of the National Civil Aviation Security Committee
EXECUTIVE ORDER 277
Designated the Office for Transportation Security (OTS) as the single authority responsible for the security of the transpotation systems of the country
EXECUTIVE ORDER 311
Exercise responsibility for transport security operations including but not limited to security screening of passengers
Section 2 Powers and Functions
Any on-board threats in the aircraft while flight taking control E,g Terrorist, Refugees & Psychopaths
HIJACKING
Deliberately destroy, damage or obstruct (something), especially for political or military advantage.
SABOTAGE
Measures to Prevent Unlawful Interference Act
- Frisking of Passengers
- Checking of Baggage
- Monitoring of Surveillance Cameras
- Checking of ID’s of Unauthorized Persons
- Security of Cargo
- Non-acceptance of Last-Minute Passengers
is a search of a person’s outer clothing wherein a person runs their hands or the metal detector along the outer garments to detect any concealed weapons
Frisking of Passengers
is the process that require passenger to check in by certain times prior to the departure of a flight that is normally handled by an airline itself or a handling agent.
Checking of Baggage
also known as video surveillance, is the use of video cameras to ensure that all activities happening inside an area is being monitored
Monitoring of Surveillance Cameras
It is an identity verification service used to ensure that users provide an information that is associated with the real identity of a person.
Checking of ID’s of Unauthorized Persons
a measure that aim to protect merchandise from theft and from other materials that may harm the cargo operation to avoid serious ship casualties.
Security of Cargo
deadliest attacks on US because of emotional distress caused by the attacks particularly the collapse of the twin towers, New York City’s most visible landmark and Hundreds of thousands of people witnessed the attacks that’s why many of Americans didn’t forget the event that many people are involved.
9/11 bombing
