International Civil Aviation Convention contracted in 1944 adopted International Standards and Recommended Practices(SARPs) as Annexes to Convention for safety and order of International Air Transport and each contracting State shall establish and ame...
International Civil Aviation Convention contracted in 1944 adopted International Standards and Recommended Practices(SARPs) as Annexes to Convention for safety and order of International Air Transport and each contracting State shall establish and amend the law on the basis of the SAPRs.
However, Any State which find it impracticable to comply in all respects with any such SARPs, or which deems it necessary to adopt regulations or practices differing in any particular respect from those established by SARPs shall give immediate notification to the ICAO fo the differences between its own practice and that established by the SARPs and ICAO publish these difference notices as a supplement to annexes.
Korea and neighboring countries contracting States with International Civil Aviation Convention are accomplishing standardization of regulation on the basis of SARPs in each State.
However, Air Law of each State need to study on the trait and differences for safety of frequent air transport services around the Korean Peninsula, because Korea and Neighboring countries have differences of Air Law by reason of cultural differences and circumstance of each State.
Korea and Neighboring countries mean Republic of Korea, The People's Republic of China, Japan and The Domestic People's Republic of Korea and study on Air Law of each state in this study.
One of Purposes of this study is to analyze the history and organization of each state and then to review how establishing own air law affect air law of each state. Another purpose is to make comparative study on differences between own regulation in Korea and neighboring countries and SARPs and then to review how the difference notices of each state affect air law of each state.
Joining in Paris Convention 1919 of Japan became basis of air law.
In 1921, Japan established air law on basis of Paris Convention but it was not enforced because of imperfect of facilities then it was enforced in 1927.
At that time, because Korea was colonized by Japan, it was apply to Japanese air law.
By this historical reason, Republic of Korea air law established similarly with organization and trait of Japanese air law and the Domestic People's Republic Korea that was affected by China(same socialist state) established similarly with Chinese air law 1995.
Meanwhile, examining the difference notices between international standards and own regulations in Korea and neighboring countries, each country notified difference notices of only specific annexes and whenever each country amended air law, these differences are not immediately notified.
In case contracting State do not notify differences, ICAO do not directly punish or control these States.
To solve this problem, ICAO introduced Universal Safety Oversight Audit Programme(USOAP) as an instrument to promote global aviation safety and to evaluate performance of international standards and recommended practices and procedures in contracting States.
Because of introduction of USOAP, contracting States can establish revision guideline of own air law and take developmental role in international standardization of air law and ICAO can systematically control difference notices and implementation of international standards and recommended practices as a result of USOAP indirectly.
Also, contracting States get an opportunity that can evaluate aviation safety of other contracting states because evaluated results by USOAP are released to the public.
ICAO is pointing out that the States shall notify differences to the ICAO as follow-up of USOAP but most States do not actually notify differences to the ICAO because ICAO do not punish failure of international standards and recommended practices and procedures.
Therefore, ICAO must prepare a general plan that can punish and control the failure including evaluation criteria about difference notice.